Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 33 - AGRICULTURAL LAND › Section 660-033-0030 - Identifying Agricultural Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All land defined as "agricultural land"
			 in OAR 660-033-0020(1)  shall be inventoried as agricultural land.
(2) When a jurisdiction determines the
			 predominant soil capability classification of a lot or parcel it need only look
			 to the land within the lot or parcel being inventoried. However, whether land
			 is "suitable for farm use" requires an inquiry into factors beyond the mere
			 identification of scientific soil classifications. The factors are listed in
			 the definition of agricultural land set forth at OAR 660-033-0020(1)(a)(B).
			 This inquiry requires the consideration of conditions existing outside the lot
			 or parcel being inventoried. Even if a lot or parcel is not predominantly Class
			 I-IV soils or suitable for farm use, Goal 3 nonetheless defines as agricultural
			 "Lands in other classes which are necessary to permit farm practices to be
			 undertaken on adjacent or nearby lands." A determination that a lot or parcel
			 is not agricultural land requires findings supported by substantial evidence
			 that addresses each of the factors set forth in 660-033-0020(1).
(3) Goal 3 attaches no significance to the
			 ownership of a lot or parcel when determining whether it is agricultural land.
			 Nearby or adjacent land, regardless of ownership, shall be examined to the
			 extent that a lot or parcel is either "suitable for farm use" or "necessary to
			 permit farm practices to be undertaken on adjacent or nearby lands" outside the
			 lot or parcel.
(4) When
			 inventoried land satisfies the definition requirements of both agricultural
			 land and forest land, an exception is not required to show why one resource
			 designation is chosen over another. The plan need only document the factors
			 that were used to select an agricultural, forest, agricultural/forest, or other
			 appropriate designation.
(5)
(a) More detailed data on soil capability
			 than is contained in the USDA Natural Resources Conservation Service (NRCS)
			 soil maps and soil surveys may be used to define agricultural land. However,
			 the more detailed soils data shall be related to the NRCS land capability
			 classification system.
(b) If a
			 person concludes that more detailed soils information than that contained in
			 the Web Soil Survey operated by the NRCS, would assist a county to make a
			 better determination of whether land qualifies as agricultural land, the person
			 must request that the department arrange for an assessment of the capability of
			 the land by a professional soil classifier who is chosen by the person, using
			 the process described in OAR 660-033-0045.
(c) This section and OAR 660-033-0045  apply
			 to:
(A) A change to the designation of a lot
			 or parcel planned and zoned for exclusive farm use, forest use or mixed
			 farm-forest use to a non-resource plan designation and zone on the basis that
			 such land is not agricultural land; and
(B) Excepting land use decisions under
			 section (7) of this rule, any other proposed land use decision in which more
			 detailed data is used to demonstrate that a lot or parcel planned and zoned for
			 exclusive farm use does not meet the definition of agricultural land under OAR
			 660-033-0020(1)(a)(A).
(d) This section and OAR 660-033-0045  implement ORS 215.211, effective on October 1,
			 2011. After this date, only those soils assessments certified by the department
			 under section (9) of this rule may be considered by local governments in land
			 use proceedings described in subsection (c) of this section. However, a local
			 government may consider soils assessments that have been completed and
			 submitted prior to October 1, 2011.
(e) This section and OAR 660-033-0045  authorize a person to obtain additional information for use in the
			 determination of whether a lot or parcel qualifies as agricultural land, but do
			 not otherwise affect the process by which a county determines whether land
			 qualifies as agricultural land as defined by Goal 3 and OAR 660-033-0020.