Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 6 - GOAL 4 FOREST LANDS › Section 660-006-0055 - New Land Division Requirements in Agriculture/Forest Zones

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A governing
			 body shall apply the standards of OAR 660-006-0026  and 660-033-0100  to
			 determine the proper minimum lot or parcel size for a mixed agriculture/forest
			 zone. These standards are designed: To make new land divisions compatible with
			 forest operations; to maintain the opportunity for economically efficient
			 forest and agriculture practices; and to conserve values found on forest lands.
(2) New land divisions less than
			 the parcel size established according to the requirements in section (1) of
			 this rule may be approved for any of the following circumstances:
(a) For the uses listed in OAR
			 660-006-0025(3)(m) through (o) and (4)(a) through (o)  provided that such uses
			 have been approved pursuant to OAR 660-060-0025(5) and the land division
			 created is the minimum size necessary for the use.
(b) For the establishment of a parcel for a
			 dwelling that has existed since before June 1, 1995, subject to the following
			 requirements:
(A) The parcel established may
			 not be larger than five acres, except as necessary to recognize physical
			 factors such as roads or streams, in which case the parcel shall not be larger
			 than 10 acres; and
(B) The parcel
			 that does not contain the dwelling is not entitled to a dwelling unless
			 subsequently authorized by law or goal and the parcel either:
(i) Meets the minimum land divisions
			 standards of the zone; or
(ii) Is
			 consolidated with another parcel, and together the parcels meet the minimum
			 land division standards of the zone;
(C) The minimum tract eligible under
			 subsection (b) of this section is 40 acres;
(D) The tract shall be predominantly in
			 forest use and that portion in forest use qualified for special assessment
			 under a program under ORS chapter 321; and
(E) The remainder of the tract does not
			 qualify for any uses allowed under ORS
			 215.213 and
			 215.283 that are not allowed on
			 forestland.
(c) To
			 allow a division of forestland to facilitate a forest practice as defined in
			 ORS 527.620 that results in a parcel that does not meet the minimum area
			 requirements of section (1). Parcels created pursuant to this subsection:
(A) Are not eligible for siting of a new
			 dwelling;
(B) May not serve as the
			 justification for the siting of a future dwelling on other lots or parcels;
(C) May not, as a result of the
			 land division, be used to justify redesignation or rezoning of resource land;
			 and
(D) May not result in a parcel
			 of less than 35 acres, unless the purpose of the land division is to:
(i) Facilitate an exchange of lands involving
			 a governmental agency; or
(ii)
			 Allow transactions in which at least one participant is a person with a
			 cumulative ownership of at least 2,000 acres of forestland.
(d) To allow a division
			 of a lot or parcel zoned for mixed farm and forest use if:
(A) At least two dwellings lawfully existed
			 on the lot or parcel prior to November 4, 1993;
(B) Each dwelling complies with the criteria
			 for a replacement dwelling under ORS
			 215.213(1) or
			 215.283(1);
(C) Except for one lot or parcel,
			 each lot or parcel created under this section is between two and five acres in
			 size;
(D) At least one dwelling is
			 located on each lot or parcel created under this section; and
(E) The landowner of a lot or parcel created
			 under this section provides evidence that a restriction prohibiting the
			 landowner and the land owner's successors in interest from further dividing the
			 lot or parcel has been recorded with the county clerk of the county in which
			 the lot or parcel is located. A restriction imposed under this section shall be
			 irrevocable unless a statement of release is signed by the county planning
			 director of the county in which the lot or parcel is located indicating that
			 the comprehensive plan or land use regulations applicable to the lot or parcel
			 have been changed so that the lot or parcel is no longer subject to statewide
			 goal 4 (Forest Lands) or unless the land division is subsequently authorized by
			 law or by a change in statewide goal 4 (Forest Land);
(e) To allow a proposed division of land as
			 provided in ORS 215.783.