reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.185 - Remedies for unlawful structures or land use.

(1) In case a building or other structure is, or is proposed to be, located, constructed, maintained, repaired, altered, or used, or any land is, or is proposed to be, used, in violation of an ordinance or regulation designed to implement a comprehensive plan, the governing body of the county or a person whose interest in real property in the county is or may be affected by the violation, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin, abate, or remove the unlawful location, construction, maintenance, repair, alteration, or use. When a temporary restraining order is granted in a suit instituted by a person who is not exempt from furnishing bonds or undertakings under ORS 22.010, the person shall furnish undertaking as provided in ORCP 82 A(1).
(2) The court may allow the prevailing party reasonable attorney fees and expenses in a judicial proceeding authorized by this section that involves a dwelling approved to relieve a temporary hardship. However, if the court allows the plaintiff reasonable attorney fees or expenses, such fees or expenses shall not be charged to the county if the county did not actively defend itself or the landowner in the proceeding.
(3) Nothing in this section requires the governing body of a county or a person whose interest in real property in the county is or may be affected to avail itself of a remedy allowed by this section or by any other law. [1955 c.439 §7; 1963 c.619 §12; 1977 c.766 §6; 1981 c.898 §48; 1983 c.826 §5; 2001 c.225 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.190 - Violation of ordinances or regulations.

No person shall locate, construct, maintain, repair, alter, or use a building or other structure or use or transfer land in violation of an ordinance or regulation authorized by ORS 215.010 to 215.190 and 215.402 to 215.438. [1955 c.439 §9; 1963 c.619 §13]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.209 - Department of Land Conservation and Development database; rural land maps; contents.

The Department of Land Conservation and Development shall develop, in conjunction with local governments and other state agencies, a computerized database that is capable of producing county-wide maps that show the diversity of Oregon’s rural lands. The database shall include, at a minimum, information on soil classifications, forest capabilities, irrigated lands, croplands, actual farm use, and plan and zone designations. To create the database, the department shall use the most current soils information from the United States Natural Resources Conservation Service, or its successor agency, and may use any other related information that is readily available. [1999 c.1014 §3]
Note:
215.209 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.211 - Agricultural land; detailed soils assessment; fee.

(1) If a person concludes that more detailed soils information than that contained in the Web Soil Survey operated by the United States Natural Resources Conservation Service would assist a county to make a better determination of whether land qualifies as agricultural land, the person must request that the Department of Land Conservation and Development arrange for an assessment of the capability of the land by a professional soil classifier who is:
(a) Certified by and in good standing with the Soil Science Society of America; and
(b) Chosen by the person.
(2) A soils assessment produced under this section is not a public record, as defined in ORS 192.311, unless the person requesting the assessment utilizes the assessment in a land use proceeding. If the person decides to utilize a soils assessment produced under this section in a land use proceeding, the person shall inform the Department of Land Conservation and Development and consent to the release by the department of certified copies of all assessments produced under this section regarding the land to the local government conducting the land use proceeding. The department:
(a) Shall review soils assessments prepared under this section.
(b) May not disclose a soils assessment prior to its utilization in a land use proceeding as described in this subsection without written consent of the person paying the fee for the assessment.
(c) Shall release to the local government conducting a land use proceeding all soils assessments produced under this section regarding land to which the land use proceeding applies.
(3) Before arranging for a soils assessment under this section, the department shall charge and collect from the person requesting the assessment a fee in an amount intended to meet the costs of the department to assess the soils and administer this section.
(4) The department shall deposit fees collected under this section in the Soils Assessment Fund established under ORS 215.212.
(5) This section authorizes a person to obtain additional information for use in the determination of whether land qualifies as agricultural land, but this section does not otherwise affect the process by which a county determines whether land qualifies as agricultural land. [2010 c.44 §1; 2013 c.1 §22]
Note:
215.211 and 215.212 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.212 - Soils Assessment Fund; purposes.

The Soils Assessment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Soils Assessment Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Land Conservation and Development to meet the costs of the department to assess soils under and to administer ORS 215.211. [2010 c.44 §2]
Note:
See note under 215.211.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.215 - Reestablishment of nonfarm use.

(1) Notwithstanding ORS 215.130 (5) to (11), if a nonfarm use exists in an exclusive farm use zone and is unintentionally destroyed by fire, other casualty or natural disaster, the county may allow by its zoning regulations such use to be reestablished to its previous nature and extent, but the reestablishment shall meet all other building, plumbing, sanitation and other codes, ordinances and permit requirements.
(2) Consistent with ORS 215.243, the county governing body may zone for the appropriate nonfarm use one or more lots or parcels in the interior of an exclusive farm use zone if the lots or parcels were physically developed for the nonfarm use prior to the establishment of the exclusive farm use zone. [1977 c.664 §41; 1991 c.67 §49; 2021 c.25 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.218 - Certain private hunting preserves not subject to land use approval; complaint procedures.

(1) A person who owns a private hunting preserve that was licensed under ORS 497.248 on or before July 28, 2003, and that has not been submitted to the appropriate local governing body or its designee for land use approval may continue to operate the hunting preserve without local land use approval. The hunting preserve may include one sport clay station that existed on July 28, 2003, is used during the hunting season only for shooting practice in conjunction with hunting and is subordinate to the use of the land as a hunting preserve.
(2) A person engaged in farm or forest practices on lands devoted to farm or forest use may file a complaint with the local governing body or its designee, alleging that the operation of the hunting preserve has:
(a)(A) Forced a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or
(B) Significantly increased the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and
(b) Adversely affected the complainant.
(3) The local governing body or its designee shall process a complaint filed under this section in the manner described in ORS 215.296 (4) to (7). [2003 c.616 §2]
Note:
215.218 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.223 - Procedure for adopting zoning ordinances; notice.

(1) No zoning ordinance enacted by the county governing body may have legal effect unless prior to its enactment the governing body or the planning commission conducts one or more public hearings on the ordinance and unless 10 days’ advance public notice of each hearing is published in a newspaper of general circulation in the county or, in case the ordinance applies to only a part of the county, is so published in that part of the county.
(2) The notice provisions of this section shall not restrict the giving of notice by other means, including mail, radio and television.
(3) In effecting a zone change the proceedings for which are commenced at the request of a property owner, the governing body shall in addition to other notice give individual notice of the request by mail to the record owners of property within 250 feet of the property for which a zone change has been requested. The failure of the property owner to receive the notice described shall not invalidate any zone change.
(4) Notice of a public hearing on a zone change pursuant to the application of a property owner shall be provided to the owner of an airport, defined by the Oregon Department of Aviation as a "public use airport" if:
(a) The name and address of the airport owner has been provided by the Oregon Department of Aviation to the county planning authority; and
(b) The property subject to the zone change application is:
(A) Within 5,000 feet of the side or end of a runway of an airport determined by the Oregon Department of Aviation to be a "visual airport"; or
(B) Within 10,000 feet of the side or end of the runway of an airport determined by the Oregon Department of Aviation to be an "instrument airport."
(5) Notwithstanding the provisions of subsection (4) of this section, notice of a zone change hearing need not be provided as set forth in subsection (4) of this section if the zone change would only allow a structure less than 35 feet in height and the property is located outside the runway "approach surface" as defined by the Oregon Department of Aviation.
(6) The failure of an airport owner to receive notice that was mailed shall not invalidate any zone change.
(7) Before enacting at the request of a property owner an ordinance that would change the zone of property that includes all or part of a mobile home or manufactured dwelling park as defined in ORS 446.003, the governing body shall give written notice by first class mail to each existing mailing address for tenants of the mobile home or manufactured dwelling park at least 20 days but not more than 40 days before the date of the first hearing on the ordinance. The governing body may require an applicant for such a zone change to pay the costs of such notice. The failure of a tenant to receive a notice which was mailed shall not invalidate any zone change. [1963 c.619 §8; 1967 c.589 §3; 1985 c.473 §14; 1987 c.106 §1; 1989 c.648 §60; 1999 c.935 §21]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.233 - Validity of ordinances and development patterns adopted before September 2, 1963.

Nothing in ORS 215.010, 215.030, 215.050, 215.060, 215.110, 215.130, 215.170, 215.185, 215.190, 215.203, 215.213 and 215.223 and this section shall impair the validity of ordinances enacted prior to September 2, 1963. All development patterns made and adopted prior to that time shall be deemed to meet the requirements of ORS 215.010, 215.030, 215.050, 215.060, 215.110, 215.130, 215.170, 215.185, 215.190, 215.203, 215.213 and 215.223 and this section concerning comprehensive plans. [1963 c.619 §14; 1971 c.13 §3; 1985 c.565 §30; 2001 c.672 §17]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.237 - Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone.

If a winery sited on land zoned for exclusive farm use or mixed farm and forest use under ORS 215.452 conducts agri-tourism or other commercial events authorized in ORS 215.452 (5), the winery may not conduct agri-tourism or other commercial events or activities authorized by ORS 215.213 (11) or 215.283 (4). [2011 c.567 §3; 2013 c.554 §4]
Note:
215.237 to 215.239 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.238 - Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity.

Notwithstanding ORS 30.938, in an action or claim for relief alleging nuisance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party is not entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal if:
(1) The party owns, operates or attends an agri-tourism or other commercial event or activity authorized under ORS 215.213 (11) or 215.283 (4); and
(2) The action or claim arises from the event or activity. [2011 c.567 §4]
Note:
See note under 215.237.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.239 - Siting of agri-tourism event or activity.

The uses authorized by ORS 215.213 (11) or 215.283 (4) may be allowed on lands that are planned and zoned for exclusive farm use and designated as rural reserves under ORS 197A.235 or as urban reserves under ORS 197A.245. [2011 c.567 §5]
Note:
See note under 215.237.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.243 - Agricultural land use policy.

The Legislative Assembly finds and declares that:
(1) Open land used for agricultural use is an efficient means of conserving natural resources that constitute an important physical, social, aesthetic and economic asset to all of the people of this state, whether living in rural, urban or metropolitan areas of the state.
(2) The preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state’s economic resources and the preservation of such land in large blocks is necessary in maintaining the agricultural economy of the state and for the assurance of adequate, healthful and nutritious food for the people of this state and nation.
(3) Expansion of urban development into rural areas is a matter of public concern because of the unnecessary increases in costs of community services, conflicts between farm and urban activities and the loss of open space and natural beauty around urban centers occurring as the result of such expansion.
(4) Exclusive farm use zoning as provided by law, substantially limits alternatives to the use of rural land and, with the importance of rural lands to the public, justifies incentives and privileges offered to encourage owners of rural lands to hold such lands in exclusive farm use zones. [1973 c.503 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.247 - Transport of biosolids to tract of land for application.

If biosolids are transported by vehicle to a tract on which the biosolids will be applied to the land under a license, permit or approval issued by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055 or in compliance with rules adopted under ORS 468B.095, the transport and the land application are allowed outright, and a state or local government license, permit or approval in connection with the use is not a land use decision. [2001 c.488 §5]
Note:
See note under 215.246.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.249 - Division of land for application of biosolids.

Notwithstanding ORS 215.263, the governing body of a county or its designee may not approve a proposed division of land in an exclusive farm use zone for the land application of reclaimed water, agricultural or industrial process water or biosolids described in ORS 215.213 (1)(y) or 215.283 (1)(v). [2001 c.488 §6; 2009 c.850 §6]
Note:
See note under 215.246.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.251 - Relationship to other farm uses.

Nothing in ORS 215.213 (1)(y), 215.246 to 215.249 or 215.283 (1)(v) affects whether the land application of a substance not described in ORS 215.213 (1)(y), 215.246 to 215.249 or 215.283 (1)(v) is a farm use as defined in ORS 215.203. [2001 c.488 §7; 2003 c.14 §100; 2009 c.850 §7]
Note:
See note under 215.246.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.253 - Restrictive local ordinances affecting farm use zones prohibited; exception.

(1) No state agency, city, county or political subdivision of this state may exercise any of its powers to enact local laws or ordinances or impose restrictions or regulations affecting any farm use land situated within an exclusive farm use zone established under ORS 215.203 or within an area designated as marginal land under ORS 197.247 (1991 Edition) in a manner that would restrict or regulate farm structures or that would restrict or regulate farming practices if conditions from such practices do not extend into an adopted urban growth boundary in such manner as to interfere with the lands within the urban growth boundary. "Farming practice" as used in this subsection shall have the meaning set out in ORS 30.930.
(2) Nothing in this section is intended to limit or restrict the lawful exercise by any state agency, city, county or political subdivision of its power to protect the health, safety and welfare of the citizens of this state. [1973 c.503 §8; 1983 c.826 §12; 1985 c.565 §31; 1995 c.703 §10]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.255 - Farm product processing facility; conditions.

(1) As used in this section:
(a) "Biofuel" has the meaning given that term in ORS 315.141.
(b) "Facility for the processing of farm products" means a facility for:
(A) Processing farm crops, including the production of biofuel, if at least one-quarter of the farm crops come from the farm operation containing the facility; or
(B) Slaughtering, processing or selling poultry, poultry products, rabbits or rabbit products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS 603.038 (2).
(c) "Processing area" means the floor area of a building dedicated to farm product processing. "Processing area" does not include the floor area designated for preparation, storage or other farm use.
(2) A county may allow a facility for the processing of farm products as a permitted use under ORS 215.213 (1)(u) and ORS 215.283 (1)(r) on land zoned for exclusive farm use, only if the facility:
(a) Uses less than 10,000 square feet for its processing area and complies with all applicable siting standards; or
(b) Notwithstanding any applicable siting standard, uses less than 2,500 square feet for its processing area.
(3) A county may not apply siting standards in a manner that prohibits the siting of a facility for the processing of farm products under subsection (2)(a) of this section. [2019 c.410 §2; 2023 c.81 §2]
Note:
215.255 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.262 - Legislative findings related to nonfarm dwellings.

The Legislative Assembly declares that the creation of small parcels for nonfarm dwellings in exclusive farm use zones introduces potential conflicts into commercial agricultural areas and allows a limited number of nonfarm dwellings in exclusive farm use zones. To protect the state’s land base for commercial agriculture from being divided into multiple parcels for nonfarm dwellings while continuing to allow a limited number of nonfarm dwellings on less productive agricultural land not suitable for farm use, it is necessary to:
(1) Limit the incremental division of lots or parcels larger than the minimum size established under ORS 215.780 into smaller lots or parcels for the purpose of creating new nonfarm dwellings; and
(2) Allow a limited number of lots or parcels equal to or less than the minimum size established under ORS 215.780 to be partitioned into not more than two parcels unsuitable for farm use and eligible for siting nonfarm dwellings under ORS 215.284. [2001 c.704 §2; 2003 c.621 §69; 2019 c.262 §2]
Note:
215.262 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.265 - Land divisions; limiting certain causes of action.

In approving a land division under ORS 215.263 (2)(a)(C) or (10), the governing body of a county or its designee shall require as a condition of approval that the owner of any parcel not containing a dwelling sign and record in the deed records for the county where the parcel is located an irrevocable deed restriction prohibiting the owner and the owner’s successors in interest from pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which no claim or action is allowed under ORS 30.936 or 30.937. [1999 c.321 §3; 2001 c.704 §10; 2015 c.104 §5]
Note:
215.265 was added to and made a part of 215.203 to 215.311 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.273 - Applicability to thermal energy power plant siting determinations.

Nothing in ORS 215.130, 215.203, 215.213, 215.243, 215.253, 215.263, 215.273, 215.283, 215.284, 308A.050 to 308A.128 and 316.844 is intended to affect the authority of the Energy Facility Siting Council in determining suitable sites for the issuance of site certificates for thermal power plants, as authorized under ORS 469.300 to 469.563, 469.590 to 469.619 and 469.930. [1973 c.503 §16; 1983 c.740 §56; 1983 c.826 §19; 1995 c.79 §76; 1997 c.99 §20; 1999 c.314 §56; 2001 c.672 §18]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.276 - Required consultation for transmission lines to be located on high-value farmland.

(1) As used in this section:
(a) "Consult" means to make an effort to contact for purpose of notifying the record owner of the opportunity to meet.
(b) "High-value farmland" has the meaning given that term in ORS 195.300.
(c) "Transmission line" means a linear utility facility by which a utility provider transfers the utility product in bulk from a point of origin or generation, or between transfer stations, to the point at which the utility product is transferred to distribution lines for delivery to end users.
(2) If the criteria described in ORS 215.275 for siting a utility facility on land zoned for exclusive farm use are met for a utility facility that is a transmission line, or if the criteria described in ORS 215.274 for siting an associated transmission line are met, the utility provider shall, after the route is approved by the siting authorities and before construction of the transmission line begins, consult the record owner of high-value farmland in the planned route for the purpose of locating and constructing the transmission line in a manner that minimizes the impact on farming operations on high-value farmland. If the record owner does not respond within two weeks after the first documented effort to consult the record owner, the utility provider shall notify the record owner by certified mail of the opportunity to consult. If the record owner does not respond within two weeks after the certified mail is sent, the utility provider has satisfied the provider’s obligation to consult.
(3) The requirement to consult under this section is in addition to and not in lieu of any other legally required consultation process. [2009 c.854 §1; 2013 c.242 §7]
Note:
215.276 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.277 - Farmworker housing; compliance with agricultural land use policy required.

It is the intent of the Legislative Assembly that the provision of farmworker housing, as defined in ORS 215.278, not allow other types of dwellings not otherwise permitted in exclusive farm use zones and that farmworker housing be consistent with the intent and purposes set forth in ORS 215.243. [1989 c.964 §9; 2001 c.613 §10; 2003 c.588 §14; 2011 c.471 §5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.279 - Farm income standard for dwelling in conjunction with farm use.

In any rule adopted by the Land Conservation and Development Commission that establishes a farm income standard to determine whether a dwelling is customarily provided in conjunction with farm use on a tract, the commission shall allow a farm operator to satisfy the income standard by earning the required amount or more of farm income on the tract:
(1) In at least three of the last five years;
(2) In each of the last two years; or
(3) Based on the average farm income earned on the tract in the best three of the last five years. [2011 c.459 §1]
Note:
215.279 was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.281 - Legislative findings related to dwellings in conjunction with commercial dairy farm.

The Legislative Assembly finds that:
(1) Dairies and dairying are an important part of Oregon agriculture and make a significant contribution to the state and local economies;
(2) Dairies require continuous on-site labor to operate the dairy and to protect the significant investment in milking and waste disposal facilities, equipment and livestock necessary to operate a commercial dairy; and
(3) Dairies require more on-site housing than other types of farms because of the year-round labor-intensive nature of a dairy operation and justify different standards for the review of a primary or accessory dwelling customarily provided in conjunction with a commercial dairy farm under ORS 215.213 and 215.283. [2001 c.149 §4]
Note:
215.281 and 215.282 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.282 - Dwellings in conjunction with commercial dairy farm; rules.

The Land Conservation and Development Commission shall consider the findings of ORS 215.281 and adopt rules that provide standards for the review of a primary or accessory dwelling customarily provided in conjunction with a commercial dairy farm. Notwithstanding any other administrative rule establishing a gross farm income standard, the rules adopted under this section shall allow the siting of a dwelling on a commercial dairy farm prior to the dairy earning any gross farm income. [2001 c.149 §5]
Note:
See note under 215.281.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.293 - Dwelling in exclusive farm use or forest zone; condition; declaration; recordation.

The county governing body or its designate shall require as a condition of approval of a single-family dwelling under ORS 215.213, 215.283 or 215.284 or otherwise in a farm or forest zone, that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. [1983 c.826 §11; 1995 c.703 §11]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.294 - Railroad facilities handling materials regulated under ORS chapter 459 or 466.

(1) In addition to the nonfarm uses that may be established under ORS 215.283 (2), and subject to the approval of the governing body or its designate in any area zoned for exclusive farm use subject to ORS 215.296, the use of existing railroad loading and unloading facilities authorized to unload materials regulated under ORS chapter 459 and the expansion of such facilities by no greater than 30 percent, for the unloading of materials regulated under ORS chapter 466 for transfer to a facility permitted to dispose of materials regulated under ORS chapter 466, may be allowed.
(2) A permit for a use allowed under subsection (1) of this section must be applied for no later than December 31, 1993.
(3) A county shall allow an application for a permit authorizing the use allowed under this section prior to the adoption of amendments to the comprehensive plan or land use regulations. [1993 c.530 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.297 - Verifying continuity for approval of certain uses in exclusive farm use zones.

(1) As part of the conditional use approval process under ORS 215.296, for the purpose of verifying the existence, continuity and nature of the business described in ORS 215.213 (2)(w) or 215.283 (2)(y), representatives of the business may apply to the county and submit evidence including, but not limited to, sworn affidavits or other documentary evidence that the business qualifies.
(2) A use authorized in ORS 215.213 (2)(w) or 215.283 (2)(y) may be altered, restored or replaced pursuant to ORS 215.130 (5) to (11). [2003 c.247 §4; 2021 c.25 §8]
Note:
215.297 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.299 - Policy on mining resource lands.

(1) The Legislative Assembly finds that:
(a) The extraction of aggregate, other minerals and other subsurface resources is an essential contribution to Oregon’s economic well-being.
(b) Oregon has an economic and social interest in locating and providing affordable aggregate, other minerals and other subsurface resources in close proximity to the end user of the materials.
(c) Oregon has an interest in balancing competing land use demands for lands identified as farmlands or forestlands in a manner that protects the economic viability of mining and other resource uses.
(d) To balance competing resource uses, Oregon has an interest in providing significant volumes of high-quality aggregate, other minerals and other subsurface resources that are critical to building Oregon’s communities and infrastructure while preserving farmland for agricultural production.
(2) The Legislative Assembly declares that:
(a) High-value farmland composed predominantly of Class I and Class II soils in the Willamette Valley should not be available for mining unless there is a significant volume of high-quality aggregate and other minerals and other subsurface resources available for extraction.
(b) State agencies and local governments should balance competing resource uses and not restrict the removal of the full depth of aggregate unless public health and safety concerns necessitate the restriction of mining activity. [2013 c.706 §1]
Note:
215.299 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.301 - Blending materials for cement prohibited near vineyards; exception.

(1) Notwithstanding the provisions of ORS 215.213, 215.283 and 215.284, no application shall be approved to allow batching and blending of mineral and aggregate into asphalt cement within two miles of a planted vineyard.
(2) Nothing in this chapter shall be construed to apply to operations for batching and blending of mineral and aggregate under a local land use approval on October 3, 1989, or a subsequent renewal of an existing approval.
(3) Nothing in ORS 215.213, 215.263, 215.283, 215.284, 215.296 or 215.298 shall be construed to apply to a use allowed under ORS 215.213 (2) or 215.283 (2) and approved by a local governing body on October 3, 1989, or a subsequent renewal of an existing approval. [1989 c.861 §§4,5]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.304 - Rule adoption; limitations.

(1) The Land Conservation and Development Commission shall not adopt or implement any rule to identify or designate small-scale farmland or secondary land.
(2) Amendments required to conform rules to the provisions of subsection (1) of this section and ORS 215.700 to 215.780 shall be adopted by March 1, 1994.
(3) Any portion of a rule inconsistent with the provisions of ORS 197.247 (1991 Edition), 215.213, 215.214 (1991 Edition), 215.288 (1991 Edition), 215.317, 215.327 and 215.337 (1991 Edition) or 215.700 to 215.780 on March 1, 1994:
(a) Shall not be implemented or enforced; and
(b) Has no legal effect.
(4) Notwithstanding subsection (3) of this section, the uses authorized by ORS 215.283 (1)(x) or (2)(n) may be established on land in exclusive farm use zones, including high-value farmland. [1993 c.792 §28; 2001 c.672 §19; 2012 c.74 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.306 - Conducting filming activities in exclusive farm use zones.

(1) The limitations on uses made of land in exclusive farm use zones described in ORS 215.213, 215.283, 215.284 and 215.700 to 215.780 and limitations imposed by or adopted pursuant to ORS 197.040 do not apply to activities described in this section.
(2) The provisions of this section do not affect the eligibility of a zone for special assessment as provided in ORS 308A.050 to 308A.128.
(3)(a) On-site filming and activities accessory to on-site filming may be conducted in any area zoned for exclusive farm use without prior approval of local government but subject to ORS 30.930 to 30.947.
(b) Notwithstanding paragraph (a) of this subsection, on-site filming and activities accessory to on-site filming that exceed 45 days on any site within a one-year period or involve erection of sets that would remain in place for longer than 45 days may be conducted only upon approval of the governing body or its designee in any area zoned for exclusive farm use subject to ORS 215.296. In addition to other activities described in subsection (4) of this section, these activities may include office administrative functions such as payroll and scheduling, and the use of campers, truck trailers or similar temporary facilities. Temporary facilities may be used as temporary housing for security personnel.
(4) For purposes of this section, "on-site filming and activities accessory to on-site filming":
(a) Includes:
(A) Filming and site preparation, construction of sets, staging, makeup and support services customarily provided for on-site filming.
(B) Production of advertisements, documentaries, feature film, television services and other film productions that rely on the rural qualities of an exclusive farm use zone in more than an incidental way.
(b) Does not include:
(A) Facilities for marketing, editing and other such activities that are allowed only as a home occupation; or
(B) Construction of new structures that requires a building permit.
(5) A decision of local government issuing any permits necessary for activities under subsection (3)(a) of this section is not a land use decision. [1995 c.722 §1; 1997 c.550 §3; 1999 c.314 §59; 2001 c.672 §20]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.311 - Log truck parking in exclusive farm use zones; dump truck parking in forest zones or mixed farm and forest zones.

(1) The limitations on uses of land in exclusive farm use zones described in ORS 215.283, 215.284 and 215.700 to 215.780 and limitations imposed by or adopted pursuant to ORS 197.040 do not apply to log truck parking under this section.
(2) The provisions of this section do not affect the eligibility of a zone for special assessment as provided in ORS 308A.050 to 308A.128.
(3) Notwithstanding any other provision of law except for health and safety provisions, parking no more than seven log trucks shall be allowed in an exclusive farm use zone unless the local government determines that log truck parking on a lot or parcel will:
(a) Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or
(b) Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.
(4) The limitations on uses of land zoned for forest use or mixed farm and forest use described in ORS 215.700 to 215.780 and limitations imposed by or adopted pursuant to ORS 197.040 do not apply to dump truck parking under this section.
(5) The provisions of this section do not affect the eligibility of land for special assessment as provided in ORS 308A.250 to 308A.259, 308A.300 to 308A.330, 308A.350 to 308A.383, 308A.403 to 308A.430 or 308A.450 to 308A.465.
(6) Notwithstanding any other provision of law except for health and safety provisions, parking up to seven dump trucks and up to seven trailers is allowed on land zoned for forest use or mixed farm and forest use unless the local government determines that dump truck parking on a lot or parcel will:
(a) Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or
(b) Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. [1995 c.799 §1; 1999 c.314 §60; 2001 c.672 §21; 2011 c.629 §4]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.312 - Public safety training facility.

(1) As used in this section, "public safety training facility" or "facility" means one or more improvements established by Portland Community College in support of curriculum focused on public safety training or education, including public safety response to an emergency, as defined in ORS 401.025.
(2) In addition to the nonfarm uses that may be established in an area zoned for exclusive farm use under ORS 215.283 (1), Portland Community College may establish a public safety training facility as an outright permitted use on up to 300 acres of land in an area zoned for exclusive farm use, notwithstanding:
(a) The statewide land use planning goals and administrative rules adopted by the Land Conservation and Development Commission.
(b) The minimum lot or parcel size under ORS 215.780.
(3) Portland Community College may establish the public safety training facility jointly in cooperation with one or more other public bodies, as defined in ORS 174.109.
(4) Portland Community College shall:
(a) Use the public safety training facility to support curriculum focused on public safety training and education; and
(b) Make the facility available for use by other public bodies for public safety training or education of public safety personnel, as defined in ORS 181A.355, and other providers of emergency services, as defined in ORS 401.025.
(5) A public safety training facility authorized by this section:
(a) Must be sited on land that is within a community college district in Columbia County.
(b) May not be established unless Portland Community College applies for land use approval of the facility on or before December 31, 2015.
(6) When making decisions approving the public safety training facility authorized by this section, the local government:
(a) Shall apply only those procedural provisions and objective development standards of its land use regulations that apply to uses permitted outright under ORS 215.283 (1).
(b) Is not required to amend the acknowledged comprehensive plan or land use regulations to implement this section.
(7) Before approving the public safety training facility authorized by this section, the local government shall hold at least one public hearing and allow interested persons to testify regarding the location of the facility.
(8) A decision made by the local government to approve the public safety training facility authorized by this section is not:
(a) A land use decision or a limited land use decision, as those terms are defined in ORS 197.015; and
(b) Subject to review by the Land Use Board of Appeals under ORS 197.805 to 197.855. [2013 c.725 §3]
Note:
215.312 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.316 - Termination of adoption of marginal lands.

(1) Unless a county applies the provisions of ORS 215.705 to 215.730 to land zoned for exclusive farm use, a county that adopted marginal lands provisions under ORS 197.247 (1991 Edition), 215.213, 215.214 (1991 Edition), 215.288 (1991 Edition), 215.317, 215.327 and 215.337 (1991 Edition) may continue to apply those provisions. After January 1, 1993, no county may adopt marginal lands provisions.
(2) If a county that had adopted marginal lands provisions before January 1, 1993, subsequently sites a dwelling under ORS 215.705 to 215.750 on land zoned for exclusive farm use, the county shall not later apply marginal lands provisions, including those set forth in ORS 215.213, to lots or parcels other than those to which the county applied the marginal lands provisions before the county sited a dwelling under ORS 215.705 to 215.750. [1993 c.792 §29]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.317 - Permitted uses on marginal land.

(1) A county may allow the following uses to be established on land designated as marginal land under ORS 197.247 (1991 Edition):
(a) Intensive farm or forest operations, including but not limited to "farm use" as defined in ORS 215.203.
(b) Part-time farms.
(c) Woodlots.
(d) One single-family dwelling on a lot or parcel created under ORS 215.327 (1) or (2).
(e) One single-family dwelling on a lot or parcel of any size if the lot or parcel was created before July 1, 1983, subject to subsection (2) of this section.
(f) The nonresidential uses authorized in exclusive farm use zones under ORS 215.213 (1) and (2).
(g) One manufactured dwelling or recreational vehicle in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident.
(2) If a lot or parcel described in subsection (1)(e) of this section is located within the Willamette River Greenway, a floodplain or a geological hazard area, approval of a single-family dwelling shall be subject to local ordinances relating to the Willamette River Greenway, floodplains or geological hazard areas, whichever is applicable. [1983 c.826 §3; 1989 c.648 §62; 1993 c.792 §24; 1997 c.249 §60; 1999 c.640 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 215 - County Land Use Planning; Resource Lands › Section 215.327 - Divisions of marginal land.

A county may allow the following divisions of marginal land:
(1) Divisions of land to create a parcel or lot containing 10 or more acres if the lot or parcel is not adjacent to land zoned for exclusive farm use or forest use or, if it is adjacent to such land, the land qualifies for designation as marginal land under ORS 197.247 (1991 Edition).
(2) Divisions of land to create a lot or parcel containing 20 or more acres if the lot or parcel is adjacent to land zoned for exclusive farm use and that land does not qualify for designation as marginal land under ORS 197.247 (1991 Edition).
(3) Divisions of land to create a parcel or lot necessary for those uses authorized by ORS 215.317 (1)(f). [1983 c.826 §4; 1993 c.792 §25]