Farmland Protection in Oregon

Tim MurphyFarm/Forest Lands SpecialistDepartment of Land Conservation & Development

Sherman County, Oregon

Southern Oregon Planners Network MeetingSeptember 14, 2016

Agricultural Land Use PolicyORS 215.243

Why plan for agricultural land? Ag use is an efficient way to conserve

natural resources Ag land is a physical, social, aesthetic &

economic asset Benefits all Oregonians

Agricultural Land Use PolicyORS 215.243

How to plan for agricultural land Preserve maximum supply Large blocks Urban development is a concern

= conflicts, $ of community services Provide incentives

ex. tax breaks

Statewide Planning Goals Contain urban development within UGBs

Goals 11 & 14 Protect resource lands outside UGBs

Goal 3

Legal Framework

ORS 215Goal 3OAR division 33Court rulings

What is “Agricultural Land”?Goal 3 and OAR 660-033-0020(1)

NRCS Soil Capability Classification System

Western Oregon = Class 1 thru 4Eastern Oregon = Class 1 thru 6

Other lands suitable for farm use considering: • Existing land use patterns, including the

subject land• Technological and energy inputs

required• Suitability for grazing• Climatic conditions

What is “Agricultural Land”?Goal 3 and OAR 660-033-0020(1)

Other lands suitable for farm use considering: • Water for irrigation (existing & future)• Lands necessary to permit farming

practices on adjacent or nearby lands Not located within UGBs or exception

areas

What is “Agricultural Land”?Goal 3 and OAR 660-033-0020(1)

Summary: Consider capability & suitability High Value Farmland – OAR 660-033-0020(8) More detailed soils data can be used “Urban growth should be separated from

agricultural lands by buffer or transitional areas of open space.” Goal 3, Guideline A.1

What is “Agricultural Land”?Goal 3 and OAR 660-033-0020(1)

Exclusive Farm Use ZoneAgricultural land must be protected within an EFU zone

Uses Allowed in EFU Zones

Farm Use!

What is “Farm Use”? The current employment of land For the primary purpose of obtaining a profit

in money By raising, harvesting and selling of crops or

the breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof.

Current employment of land: Farm related program Land lying fallow for one year (“normal and

regular”) Orchards, other perennials, prior to maturity Wasteland Water impoundments Woodlots not to exceed 20-acres

What is “Farm Use”?

Preparation, storage and disposal of farm products raised on the farm operation

Examples: cleaning, treatment, sorting or packaging

Processing is not preparationGilmour v. Linn County (2015)

What is “Farm Use”?

Stabling or training equines for profitIncludes riding lessons, training clinics and schooling shows in association with stabling or training

Oregon Natural Desert Assoc. v. Harney County, 42 Or LUBA 149

What is “Farm Use”?

Propagation, cultivation, maintenance and harvesting of aquatic species and bird and animal species to the extent allowed by rules adopted by the State Fish and Wildlife Commission

ORS 215.283(2)(p) Propagation, cultivation, maintenance and harvesting of aquatic or insect species

What is “Farm Use”?

“Farm Use” determination can be a Land Use Decision

A decision that disposal of sewage effluent by applying it to farm land constitutes a “farm use” within the meaning of ORS 215.203 requires the exercise of policy or legal judgment and for that reason the decision does not qualify for the exception to the statutory definition of “land use decision” provided by ORS 197.015(10)(b)(A) for certain ministerial decisions. Friends of the Creek v. Jackson County, 36 Or LUBA 562 (1999).

Uses Allowed in EFU ZonesOAR 660-033 Table

From 6 to 50+ nonfarm uses ORS 215.283(1) subject to state law only

“uses are farm-related or compatible” ORS 215.283(2) subject to ORS 215.296

& local standards High Value Farmland – some uses prohibited

ex. new schools, golf courses

Dwellings in EFU ZonesORS 215 & OAR 660 division 33

Seven types of dwellings:- Farm dwelling- Accessory farm dwelling- Relative farm help dwelling- Replacement dwelling- Temporary hardship dwelling- Lot of record dwelling- Nonfarm dwelling: use OAR standards

Waivers of remonstrance required

Land Division StandardsORS 215 & OAR 660 division 33

Large minimum parcel sizes (80/160/320) Go-below parcel sizes possible No subdivisions Partitions permitted for ORS 215.283(2) uses Remainders must normally meet the minimum

parcel size Up to two new parcels may be created for

nonfarm dwellings if predominantly unsuitable soils

Mixed Farm-Forest ZonesOAR 660-006-0050

Not exclusive farm use zones Authorized dwellings are based on the

predominant land use on Jan. 1, 1993 All other uses may be sited on either farm or

forest land

Oregon’s Right to Farm LawORS 30.933

Two major protection components: Immunity from private action Prohibition against regulation by local

governments

Right to Farm

Protects qualified farming practices from private nuisance/trespass actions

Does not deal with other compatibility issues.

Nuisance Odors Noise Dust Chemical use Smoke Bees Irrigation mist

Compatibility Animal control Refuse and litter Alteration of farming

practices Human trespass Theft and vandalism Traffic Competition for resources Nonfarm chemical use Hosts for pests Air drainage and flow

To the farm

Oregon’s Right to Farm LawQualifying Components

Lands zoned for farm use Commercial production of crops, nursery

stock, livestock, poultry products or the propagation and raising of nursery stock

Farm practice is or may become a generally accepted, reasonable and prudent method for the operation of the farm to obtain a profit in money

Oregon’s Right to Farm LawQualifying Components

Complies with applicable laws Regardless of change or

interruption of use. Except if damage to

commercial ag products, death or serious injury is involved.

Land in Farms: 1954-2012

21,047,340acres

16,301,578 acres

Source: Census of Agriculture

Farmland Protection:Some Last Thoughts

Requires effective planning on both sides of the UGB

Need to think of farmland as a part of human infrastructure

Cumulative Impacts

Tim MurphyFarm/Forest Lands SpecialistDepartment of Land Conservation & Developmenttimothy.murphy@state.or.us