Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0260 - Uses Allowed on Lands Designated SMA Agriculture

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Uses Allowed Outright. The uses listed in 350-082-0210(1)  are allowed without
			 review on lands designated SMA Agriculture.
(2) Expedited Uses. The uses listed in
			 350-082-0220(1)  may be allowed subject to compliance with the expedited
			 development review guidelines in 350-082-0220(2)  on lands designated SMA
			 Agriculture.
(3) Review Uses. The
			 following uses may be allowed on lands designated SMA Agriculture subject to
			 compliance with 350-082-0600  through 350-082-0720. The use or development shall
			 be sited to minimize the loss of land suitable for the production of
			 agricultural crops or livestock.
(a) New
			 cultivation or new agricultural use outside of previously disturbed and
			 regularly worked fields or areas. Clearing trees for new agricultural use is
			 subject to the additional requirements of 350-082-0280(3)(w).
(b) Forest uses and practices, as allowed for
			 in 350-082-0280(3)(x).
(c) A
			 single-family dwelling necessary for and accessory to agricultural use upon a
			 demonstration of compliance with all the following guidelines:
(A) The proposed dwelling would be the only
			 dwelling on the subject farm or ranch, including contiguous lots and
			 parcels.
(B) The farm or ranch upon
			 which the dwelling will be located is currently devoted to agricultural use,
			 where the day-today activities of one or more residents of the dwelling will be
			 principally directed to the agricultural use of the land. The farm or ranch
			 must currently satisfy subsection (C)(iv) below.
(C) The farm or ranch is a commercial
			 agricultural enterprise as determined by an evaluation of the following
			 criteria:
(i) Size of the entire farm or
			 ranch, including all land in the same ownership.
(ii) Type(s) of agricultural uses (crops,
			 livestock, orchard, etc.) and acreage.
(iii) Operational requirements for the
			 particular agricultural use that are common to other agricultural operations in
			 the area.
(iv) Average income. The
			 farm or ranch, and all its contiguous parcels, must produce at least $80,000 in
			 gross annual income in 2020 dollars. This gross annual income amount shall be
			 indexed for inflation on an annual basis using Consumer Price Index data from
			 the US Bureau of Labor Statistics, and the new adjusted amount for each
			 calendar year (calculated from 2020 dollars) will be posted on the Gorge
			 Commission's website by January 15 of each year. This determination can be made
			 using the following formula: (A)(B)(C) = I where: A = Average yield of the
			 commodity per acre or unit of production; B = Average price of the commodity; C
			 = Total acres suitable for production, or total units of production that can be
			 sustained, on the subject farm or ranch; and I = Income capability.
(D) Minimum parcel size of 40
			 contiguous acres.
(d)
			 Farm labor housing on a parcel with an existing dwelling subject to compliance
			 with all the following guidelines:
(A) The
			 proposed housing is necessary and accessory to a current agricultural use, and
			 the operation is a commercial agricultural enterprise as determined by an
			 evaluation of the criteria listed in subsection (c)(C) above.
(B) The housing shall be seasonal, unless it
			 is shown that an additional full-time dwelling is necessary for the current
			 agricultural use. Seasonal use shall not exceed nine months.
(C) The housing shall be located to minimize
			 the conversion of lands capable of production of farm crops and livestock and
			 shall not force a significant change in or significantly increase the cost of
			 accepted agricultural uses employed on nearby lands devoted to agricultural
			 use.
(D) Minimum parcel size of 40
			 contiguous acres.
(e)
			 Agricultural structures, except buildings, in conjunction with agricultural
			 use.
(f) Agricultural buildings in
			 conjunction with current agricultural use and, if applicable, proposed
			 agricultural use that a landowner would initiate within one year and complete
			 within five years, subject to compliance with 350-082-0380.
(g) Accessory structures for an existing or
			 approved dwelling that are not otherwise allowed outright, eligible for the
			 expedited development review process, or allowed in subsection (h) or (i),
			 below.
(h) Accessory building(s)
			 larger than 200 square feet in area or taller than ten feet in height for a
			 dwelling on any legal parcel less than or equal to ten acres in size are
			 subject to the following additional standards:
(A) The combined footprints of all accessory
			 buildings on a single parcel shall not exceed 1,500 square feet in area. This
			 combined size limit refers to all accessory buildings on a parcel, including
			 buildings allowed without review, existing buildings and proposed
			 buildings.
(B) The height of any
			 individual accessory building shall not exceed 24 feet.
(i) Accessory building(s) larger than 200
			 square feet in area or taller than ten feet in height for a dwelling on any
			 legal parcel larger than ten acres in size are subject to the following
			 additional standards:
(A) The combined
			 footprints of all accessory buildings on a single parcel shall not exceed 2,500
			 square feet in area. This combined size limit refers to all accessory buildings
			 on a parcel, including buildings allowed without review, existing buildings and
			 proposed buildings.
(B) The
			 footprint of any individual accessory building shall not exceed 1,500 square
			 feet.
(C) The height of any
			 individual accessory building shall not exceed 24 feet.
(j) Home occupations subject to compliance
			 with 350-082-0420. The use or development shall be compatible with agricultural
			 use. Buffer zones should be considered to protect agricultural practices from
			 conflicting uses.
(k) Bed and
			 breakfast inns, subject to compliance with 350-082-0440. The use or development
			 shall be compatible with agricultural use. Buffer zones should be considered to
			 protect agricultural practices from conflicting uses.
(l) Fruit and produce stands.
(m) Aquaculture.
(n) Exploration, development, and production
			 of sand, gravel, and crushed rock for the construction, maintenance, or
			 reconstruction of roads used to manage or harvest commercial forest products on
			 lands within the SMAs.
(o) Utility
			 facilities necessary for public service, upon a showing that:
(A) There is no alternative location with
			 less adverse effect on Agriculture lands.
(B) The size is the minimum necessary to
			 provide the service.
(p)
			 Temporary asphalt or batch plant operations related to public road projects,
			 not to exceed six months.
(q)
			 Community facilities and nonprofit facilities related to agricultural resource
			 management.
(r) Resource
			 enhancement projects for the purpose of enhancing scenic, cultural, recreation
			 or natural resources, subject to compliance with 350-082-0460. These projects
			 may include new structures (e.g., fish ladders, sediment barriers) or
			 activities (e.g., closing and revegetating unused roads, recontouring abandoned
			 quarries).
(s) Expansion of
			 existing nonprofit group camps, retreats, and conference or education centers
			 for the successful operation on the dedicated site. Expansion beyond the
			 dedicated site is prohibited.
(t)
			 Public recreation, commercial recreation, interpretive, and educational
			 developments and uses, consistent with the guidelines in 350-082-0710  through
			 350-082-0720.
(u) Road and railroad
			 construction and reconstruction.
(v) Agricultural product processing and
			 packaging, upon demonstration that the processing will be limited to products
			 produced primarily on or adjacent to the property. "Primarily" means a clear
			 majority of the product as measured by volume, weight, or value.
(w) On a parcel of 40 acres or greater with
			 an existing dwelling, the temporary use of a manufactured home or dwelling
			 structure in the case of a family hardship, subject to compliance with
			 350-082-0390.
(x) Additions to
			 existing buildings greater than 200 square feet in area or greater than the
			 height of the existing building.
(y) Docks and boathouses, subject to
			 compliance with 350-082-0410.
(z)
			 Removal or demolition of structures that are 50 or more years old, including
			 wells, septic tanks, and fuel tanks.
(aa) Disposal sites managed and operated by
			 the Oregon Department of Transportation, the Washington State Department of
			 Transportation, or a National Scenic Area county public works department for
			 earth materials and any intermixed vegetation generated by routine or
			 emergency/disaster public road maintenance activities within the National
			 Scenic Area, subject to compliance with 350-082-0470.