Rules for New Farm Dwellings
On February 18, 1994, Oregon´s Land Conservation and Development Commission (LCDC) made some important revisions to its administrative rules for ´farm dwellings.´ Those revisions took effect on March 1, 1994.
This summary describes the revised rules. Their complete text appears in Oregon Administrative Rules (OAR) 660-33-135.
What is the purpose of the farm dwelling rules?
The rules for new farm dwellings are designed to protect agricultural land in areas zoned Exclusive Farm Use (EFU). The rules serve as a kind of filter. They allow new homes for people who will operate commercial farms and ranches, but they screen out other types of housing that conflict with commercial agriculture.
What is a farm dwelling?
A farm dwelling is a house or manufactured home located on a farm (or ranch) and occupied by a farmer - a person who is ´principally engaged´ in activities such as planting crops or raising livestock. State law (ORS Chapter 215) refers to such houses as "dwellings customarily provided in conjunction with a farm use."
A farm dwelling is not just any dwelling that happens to be in an EFU zone. Rather, it is one among several types of dwellings allowed in EFU zones.
The key to distinguishing farm dwellings from other types lies in the phrase ´customarily provided.´ For example, a farm dwelling would not customarily be built on a dry five-acre parcel that provides just enough forage for one cow. Such a parcel doesn´t demand the care and attention of a resident manager. It also could not support a farm household. In other words, it is not a farm - and without a farm, there can be no ´farm dwelling.´ Therefore, the main issue with any request to approve a new farm dwelling is likely to be this: "Is the tract of land on which the dwelling will be placed a farm?"
What is a farm?
To be considered a farm, a tract first must be in ´farm use.´ Oregon´s land use laws define that term in ORS 215.203 . The definition is quite broad. It includes almost every type of crop, orchard, and livestock production.
But just because a tract is in farm use does not mean it is a farm. Consider, for example, the five-acre parcel mentioned above. Raising cattle is a farm use, but the presence of one cow does not make the five-acre parcel a farm.
In contrast, consider a 500-acre tract with rich irrigated soils, producing hundreds of thousands of dollars of crops each year. This surely is a farm. Three main attributes distinguish it from the five-acre, one-cow parcel:
- Size:The tract is large enough to demand the attention and labors of at least one household (the occupants of a farm dwelling). It includes enough farmland to make a significant contribution to the area´s agricultural economy.
- Capability: The tract has a combination of soils, water, and other features that makes it capable of producing significant amounts of crops or other farm products in the future.
- Income: The tract already has produced significant amounts of agricultural products, as measured by its gross income from the sale of such products. The rules for new farm dwellings are based on these three attributes. They enable planners to get a clear, objective answer to the question: "Is this a farm, or is it merely land that is being farmed?" The table on the bottom of this page outlines the key standards and shows where they apply.
How do the rules work?
The state´s rules for farm dwellings are applied through county land-use plans and ordinances. A person who wants to build a farm dwelling thus should contact the county planning department. The planners there will explain the rules and specify which standards apply to the tract where the dwelling is proposed.
The main issue in deciding which standards to apply is the quality of the tract´s soil. If the tract is ´high-value farmland,´ then it must satisfy the $80,000 test. That is, a farm dwelling can be approved only if the tract has produced at least $80,000 from gross sales of agricultural products in recent years. If the tract is not high-value farmland, then the proposal must satisfy any one of three different tests, as shown in the table below.
All counties must conform to the state´s rules on farm dwellings, but they also may adopt special local provisions. The procedures and standards for farm dwellings thus vary somewhat from one county to another.
What Is high-value farmland?
High-value farmland is land with exceptionally good soils. That includes soils rated as prime, unique, Class I, or Class II by the Soil Conservation Service (SCS). It also includes certain other soils listed in OAR 660-033-0020(8). Most high-value farmland is in the Willamette Valley.
To find whether a certain tract of farmland is high-value, a county planner uses data from the SCS. If a majority of land in the tract has the top-quality soils just described, then the tract is classified as high-value. A planner usually can perform the soils analysis at the permit counter, while the applicant waits.
What about other dwellings?
Farm dwellings are not the only type of houses allowed in EFU zones. For example, Oregon´s planning laws have long provided for ´nonfarm dwellings´ in farm zones. With House Bill 3661, the 1993 Legislature added provisions for dwellings on ´lots of record.´ LCDC´s recent revisions to the rules for farm dwellings do not alter or eliminate any provisions from House Bill 3661 or for other types of dwellings.
For more information . . .
For more information about farm dwelling permits and procedures, contact your county planning department. For general information on Oregon´s rules for planning and zoning farmland, contact one of DLCD´s offices .
Standards For New Farm Dwellings in EFU Zone
TYPE OF TEST
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TYPE OF FARMLAND
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High-Value Farmland
(All Counties)
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Farmland That Is Not High-Value
|
|
In Most Counties
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In "Marginal Land"
Counties
|
|
Parcel Size
|
_
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At least 160 acres
(320 for rangeland)
|
_
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Production
Capability
|
_
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Can produce gross sales - median of commercial farms
|
_
|
|
Income
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$80,000
|
$40,000 or median of commercial farms
|
$20,000
|
|
