(a) For land zoned for exclusive farm use and not designated rangeland, at least 80 acres;
(b) For land zoned for exclusive farm use and designated rangeland, at least 160 acres; and
(c) For land designated forestland, at least 80 acres.
(2) A county may adopt a lower minimum lot or parcel size than that described in subsection (1) of this section in any of the following circumstances:
(a) When the county can demonstrate to the Land Conservation and Development Commission that the county can adopt a lower minimum lot or parcel size while continuing to meet the requirements of ORS 215.243 and 527.630 and the land use planning goals adopted under ORS 197.230.
(b) To divide by partition an area of land zoned for forest use to create a parcel for a dwelling that has existed since before June 1, 1995, subject to the following requirements:
(A) The parcel created may not be larger than five acres, except as necessary to recognize physical factors such as roads or streams, in which case the parcel may not be larger than 10 acres; and
(B) The parcel that does not contain the dwelling is not entitled to a dwelling unless subsequently authorized by law or goal and the parcel either:
(i) Meets the minimum lot or parcel size of the zone; or
(ii) Is consolidated with another parcel, and together the parcels meet the minimum lot or parcel size of the zone.
(c) To divide by partition an area of land zoned for mixed farm and forest use to create a parcel for a dwelling that has existed since before June 1, 1995, subject to the following requirements:
(A) The parcel created may not be larger than five acres, except as necessary to recognize physical factors such as roads or streams, in which case the parcel may not be larger than 10 acres;
(B) The parcel that does not contain the dwelling is not entitled to a dwelling unless subsequently authorized by law or goal and the parcel either:
(i) Meets the minimum lot or parcel size of the zone; or
(ii) Is consolidated with another parcel, and together the parcels meet the minimum lot or parcel size of the zone;
(C) The minimum tract eligible under this paragraph is 40 acres;
(D) The tract must be predominantly in forest use and that portion in forest use qualified for special assessment under a program under ORS chapter 321; and
(E) The remainder of the tract does not qualify for any uses allowed under ORS 215.213 and 215.283 that are not allowed on forestland.
(d) To allow a division by partition of forestland to facilitate a forest practice as defined in ORS 527.620 that results in a parcel that does not meet the minimum area requirements of subsection (1)(c) of this section or paragraph (a) of this subsection. Parcels created pursuant to this subsection:
(A) Are not eligible for siting of a new dwelling;
(B) May not serve as the justification for the siting of a future dwelling on other lots or parcels;
(C) May not, as a result of the land division, be used to justify redesignation or rezoning of resource lands; and
(D) May not result in a parcel of less than 35 acres, unless the purpose of the land division is to:
(i) Facilitate an exchange of lands involving a governmental agency; or
(ii) Allow transactions in which at least one participant is a person with a cumulative ownership of at least 2,000 acres of forestland.
(e) To allow a division by partition of a lot or parcel zoned for forest use or mixed farm and forest use under a statewide planning goal protecting forestland if:
(A) At least two dwellings lawfully existed on the lot or parcel prior to November 4, 1993;
(B) Each dwelling complies with the criteria for a replacement dwelling under ORS 215.291;
(C) Except for one parcel, each parcel created under this paragraph is between two and five acres in size;
(D) At least one dwelling is located on each parcel created under this paragraph; and
(E) The landowner of a parcel created under this paragraph provides evidence that a restriction prohibiting the landowner and the landowner’s successors in interest from further dividing the parcel has been recorded with the county clerk of the county in which the parcel is located. A restriction imposed under this paragraph is irrevocable unless a statement of release is signed by the county planning director of the county in which the parcel is located indicating that the comprehensive plan or land use regulations applicable to the parcel have been changed so that the parcel is no longer subject to statewide planning goals protecting forestland or unless the land division is subsequently authorized by law or by a change in a statewide planning goal for land zoned for forest use or mixed farm and forest use.
(f) To allow a proposed division of land in a forest zone or a mixed farm and forest zone as provided in ORS 215.783.
(3) A county planning director shall maintain a record of lots and parcels that do not qualify for division under the restrictions imposed under subsections (2)(e) and (4) of this section. The record must be readily available to the public.
(4) A lot or parcel may not be divided under subsection (2)(e) of this section if an existing dwelling on the lot or parcel was approved under:
(a) A statute, an administrative rule or a land use regulation as defined in ORS 197.015 that required removal of the dwelling or that prohibited subsequent division of the lot or parcel; or
(b) A farm use zone provision that allowed both farm and forest uses in a mixed farm and forest use zone under a statewide planning goal protecting forestland.
(5) A county with a minimum lot or parcel size acknowledged by the commission pursuant to ORS 197.251 after January 1, 1987, or acknowledged pursuant to periodic review requirements under ORS 197.628 to 197.651 that is smaller than those prescribed in subsection (1) of this section need not comply with subsection (2) of this section.
(6)(a) An applicant for the creation of a parcel pursuant to subsection (2)(b) and (c) of this section shall provide evidence that a restriction on the remaining parcel, not containing the dwelling, has been recorded with the county clerk of the county where the property is located. An applicant for the creation of a parcel pursuant to subsection (2)(d) of this section shall provide evidence that a restriction on the newly created parcel has been recorded with the county clerk of the county where the property is located. The restriction may not allow a dwelling unless authorized by law or goal on land zoned for forest use except as permitted under subsection (2) of this section.
(b) A restriction imposed under this subsection is irrevocable unless a statement of release is signed by the county planning director of the county where the property is located indicating that the comprehensive plan or land use regulations applicable to the property have been changed in such a manner that the parcel is no longer subject to statewide planning goals pertaining to agricultural land or forestland.
(c) The county planning director shall maintain a record of parcels that do not qualify for the siting of a new dwelling under restrictions imposed by this subsection. The record must be readily available to the public.
(7) A landowner allowed a land division under subsection (2) of this section shall sign a statement that must be recorded with the county clerk of the county in which the property is located, declaring that the landowner and the landowner’s successors in interest will not in the future complain about accepted farming or forest practices on nearby lands devoted to farm or forest use. [1993 c.792 §7; 1995 c.700 §1; 1999 c.348 §14; 2001 c.531 §1; 2007 c.143 §3; 2009 c.850 §12; 2013 c.88 §1; 2015 c.104 §6; 2019 c.440 §8]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 215 - County Planning; Zoning; Housing Codes
Section 215.010 - Definitions.
Section 215.020 - Authority to establish county planning commissions.
Section 215.030 - Membership of planning commission.
Section 215.042 - Planning director.
Section 215.044 - Solar access ordinances; purpose; standards.
Section 215.050 - Comprehensive planning, zoning and subdivision ordinances; copies available.
Section 215.130 - Application of ordinances and comprehensive plan; alteration of nonconforming use.
Section 215.135 - Expansion of nonconforming school in exclusive farm use zone.
Section 215.185 - Remedies for unlawful structures or land use.
Section 215.203 - Zoning ordinances establishing exclusive farm use zones; definitions.
Section 215.211 - Agricultural land; detailed soils assessment; fee.
Section 215.212 - Soils Assessment Fund; purposes.
Section 215.215 - Reestablishment of nonfarm use.
Section 215.223 - Procedure for adopting zoning ordinances; notice.
Section 215.236 - Nonfarm dwelling in exclusive farm use zone; qualification for special assessment.
Section 215.239 - Siting of agri-tourism event or activity.
Section 215.243 - Agricultural land use policy.
Section 215.247 - Transport of biosolids to tract of land for application.
Section 215.249 - Division of land for application of biosolids.
Section 215.251 - Relationship to other farm uses.
Section 215.253 - Restrictive local ordinances affecting farm use zones prohibited; exception.
Section 215.255 - Farm product processing facility; conditions.
Section 215.262 - Legislative findings related to nonfarm dwellings.
Section 215.263 - Land divisions in exclusive farm use zones; criteria for approval; rules.
Section 215.265 - Land divisions; limiting certain causes of action.
Section 215.276 - Required consultation for transmission lines to be located on high-value farmland.
Section 215.278 - Accessory dwellings for farmworkers; rules.
Section 215.279 - Farm income standard for dwelling in conjunction with farm use.
Section 215.282 - Dwellings in conjunction with commercial dairy farm; rules.
Section 215.283 - Uses permitted in exclusive farm use zones in nonmarginal lands counties; rules.
Section 215.294 - Railroad facilities handling materials regulated under ORS chapter 459 or 466.
Section 215.297 - Verifying continuity for approval of certain uses in exclusive farm use zones.
Section 215.298 - Mining in exclusive farm use zone; land use permit.
Section 215.299 - Policy on mining resource lands.
Section 215.301 - Blending materials for cement prohibited near vineyards; exception.
Section 215.304 - Rule adoption; limitations.
Section 215.306 - Conducting filming activities in exclusive farm use zones.
Section 215.312 - Public safety training facility.
Section 215.316 - Termination of adoption of marginal lands.
Section 215.317 - Permitted uses on marginal land.
Section 215.327 - Divisions of marginal land.
Section 215.401 - Preapplication process for land use approval of disposal site for composting.
Section 215.402 - Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780.
Section 215.412 - Adoption of hearing procedure and rules.
Section 215.417 - Time to act under certain approved permits; extension.
Section 215.418 - Approval of development on wetlands; notice.
Section 215.425 - Review of decision relating to aggregate resources.
Section 215.427 - Final action on permit or zone change application; refund of application fees.
Section 215.431 - Plan amendments; hearings by planning commission or hearings officer; exceptions.
Section 215.435 - Deadline for final action by county on remand of land use decision; exception.
Section 215.439 - Solar energy systems in residential or commercial zones.
Section 215.445 - Use of private property for mobile medical clinic.
Section 215.446 - Renewable energy facility; application; standards; notices.
Section 215.447 - Photovoltaic solar power generation facilities on high-value farmland.
Section 215.448 - Home occupations; parking; where allowed; conditions.
Section 215.449 - Farm brewery; conditions; permissible uses; reporting.
Section 215.451 - Cider business; conditions; permissible uses; reporting.
Section 215.452 - Winery; conditions; permissible uses.
Section 215.453 - Large winery; conditions; permissible uses.
Section 215.454 - Lawful continuation of certain winery-related uses or structures.
Section 215.456 - Siting winery as commercial activity in exclusive farm use zone.
Section 215.457 - Youth camps allowed in forest zones and mixed farm and forest zones.
Section 215.459 - Private campground in forest zones and mixed farm and forest zones; yurts; rules.
Section 215.461 - Guest ranch; conditions; permissible uses; reporting.
Section 215.462 - Limitations on guest ranch.
Section 215.495 - Accessory dwelling units in rural residential zones.
Section 215.513 - Forwarding of notice to property purchaser.
Section 215.606 - Standards for clustered mailboxes in county roads and rights-of-way.
Section 215.615 - Application and contents of housing ordinances.
Section 215.700 - Resource land dwelling policy.
Section 215.705 - Dwellings in farm or forest zone; criteria; transferability of application.
Section 215.710 - High-value farmland description for ORS 215.705.
Section 215.720 - Criteria for forestland dwelling under ORS 215.705.
Section 215.730 - Additional criteria for forestland dwelling under ORS 215.705.
Section 215.740 - Large tract forestland dwelling; criteria; rules.
Section 215.750 - Alternative forestland dwelling; criteria.
Section 215.755 - Other forestland dwellings; criteria.
Section 215.757 - Accessory dwellings supporting family forestry; conditions.
Section 215.760 - Agricultural buildings on land zoned for forest use or mixed farm and forest use.
Section 215.780 - Minimum lot or parcel sizes; land division to establish a dwelling; recordation.
Section 215.785 - Exception to minimum lot or parcel sizes.
Section 215.788 - Legislative review of lands zoned for farm and forest use; criteria.
Section 215.794 - Review of county rezoning designations; rules.
Section 215.799 - Location of dwellings on wildlife habitat land.