Exclusive Farm Use

Exclusive farm use (EFU) zones & permitted non-farm uses

[ * Excerpt from the Oregon Department of Agriculture's website, 2001 Oregon Farmer's Handbook ]

Oregon law establishes the following statewide policy for use of agricultural land (ORS 215.243):

• Open land used for agriculture is a vital natural and economic asset for all the people of the state,
• Preservation of a maximum amount of agricultural land, in large blocks, is necessary to maintain the agricultural economy of the state and for the assurance of adequate, healthful and nutritious food,
• Expansion of urban development in rural areas is a public concern because of the conflicts between farm and urban activities, and
• Incentives and privileges are justified to owners of land in exclusive farm use zones because such zoning substantially limits alternatives to the use of rural lands.

Statewide Planning Goal 3, “Agricultural Lands,” requires all agricultural lands to be inventoried and preserved by adopting exclusive farm use zones. Local counties are responsible for planning and zoning, subject to approval by the Oregon Department of Land Conservation and Development (DLCD). Allowable nonfarm uses are incorporated into local zoning regulations.

Definition

Farm use (ORS 215.203)

Farm use means the current employment of land primarily for obtaining a monetary profit by raising, harvesting, and selling crops; feeding, breeding, managing and selling livestock, poultry, fur-bearing animals, and honeybees; dairying; or any other agricultural or horticultural use. Farm use also includes the preparation, storage, and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use. The definition includes land lying fallow for one year as a normal and regular requirement of good agricultural husbandry; land planted in orchards or other perennials prior to maturity; any land constituting a woodlot of less than 20 acres contiguous to and owned by the owner of land classified for farm use; dry or water covered wasteland in or adjacent to land in farm-use; or land under dwellings or buildings supporting farm practices. Farm use also includes the stabling or training of equines (horses, mules, etc.) along with riding lessons and training clinics.

Eligibility for special tax use zoning

To be eligible for preferential farm value assessment under an exclusive farm-use zone, the land must be employed in a farm use as described in ORS 308A.056. For lands located outside an exclusive farm-use zone, the landowner must file an application with the county assessor by April 1 of the first year in which such assessment is desired. Applications for farm use special assessment only apply to non-EFU zones.

Note: refer to the “Property Tax Special Assessment” section of this handbook for more information.

Limitation on restrictions by governing bodies

No state agency, city, county, or political subdivision may enact local laws or ordinances, restrictions or regulations that would restrict or regulate farm structures or accepted farming practices because of noise, dust, odor, or other materials carried in the air, arising from farm operations in farm use zones, that do not extend into an adopted urban growth boundary, unless the practice affects the health, safety and welfare of the citizens of the state. (ORS 215.253)

Nuisance complaints

A county governing body or its designate may require, as a condition of approval of a single-family dwelling, that the landowner of the dwelling sign a statement declaring that the landowner will not complain about accepted farming or forest practices on nearby lands devoted to farm or forest use (ORS 215.293). Farm operators may want to contact their county planning department regarding this option if nuisance complaints are increasing as a result of new single-family dwellings near exclusive-use farm land. Additionally, the 1993 Oregon Legislature passed “right to farm” provisions (see Chapter 792, Oregon Laws 1993. ORS 30.930 - 30.947), which protect acceptable farming practices from nuisance suits. Contact the Oregon Department of Agriculture (Jim Johnson, 503-986-4706) for information on the right to farm law.

Another option for resolving nuisance complaints is mediation. Contact the Oregon Department of Agriculture Farm Mediation Program (1-800-347-7028) to discuss this alternative. Mediation is a voluntary process involving a third-party mediator who facilitates discussions and seeks potential resolutions to the disputes of the parties.

Note: for more information see the “Farm Mediation Program” section of this handbook.

Permitted nonfarm uses on EFU land (ORS Chapter 215)

All rural landowners should contact their county planning department prior to siting or building any structure or starting any nonfarm use activity. Nonfarm uses require prior approval by the respective county. Fines may be levied by the county if prior approval is not obtained.

Certain nonfarm uses may be allowed, and their approval standards are incorporated into local zoning regulations; additional approval standards may apply to high value farmland. Technical variations exist between counties, so contact your county planning department or Department of Land Conservation and Development (DLCD), 503-373-0050 for details. The following types of non-farm uses are generally allowed in exclusive farm use zones:

• Public or private schools
• Forest product propagation & harvesting
• Dwelling for farm use
• Farm buildings
• Farm stands
• Mineral exploration & mining
• Farm-worker housing
• Land based application of reclaimed water for farm use
• Winery
• Playgrounds or campgrounds
• Dog kennels
• Bed & breakfast (5 guest limit) in existing residences
• Commercial activities in conjunction with farm use
• Churches and cemeteries
• Utility service
• Geothermal exploration/production
• Community centers
• Siting for solid waste disposal
• Creation/restoration of wetlands
• Hunting & fishing preserves
• Golf courses
• Small scale crop processing facility

Technical assistance

Department of Land Conservation and Development (Main Office)
635 Capitol Street, N.E., Suite 150
Salem, OR 97301-2540
Phone: 503-373-0050
Fax: 503-378-5518

Website: www.lcd.state.or.us

Regional representative (Willamette Valley, Hood River, Columbia County)
Rob Hallyburton, 503-373-0050 ext. 239

Regional representative (Central & Eastern Oregon)
Jon Jinings, 541-388-6424

Regional representative (South Coast)
Dave Perry, 503-373-0050, ext. 267

Regional representative (Southern Oregon)
Nancy Kincaid, 541-858-3152

Regional representative (North Coast)
Dale Jordan, 503-373-0050 ext. 262

Farm and forest lands specialist
Ronald Eber, 503-373-0050 ext. 247