Farmland Protection in Oregon

Transcription

1 Farmland Protection in Oregon Southern Oregon Planners Network Meeting September 14, 2016 Tim Murphy Farm/Forest Lands Specialist Department of Land Conservation & Development Sherman County, Oregon

2 Agricultural Land Use Policy ORS 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

3 Agricultural Land Use Policy ORS 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

4 Statewide Planning Goals Contain urban development within UGBs Goals 11 & 14 Protect resource lands outside UGBs Goal 3

5 Legal Framework ORS 215 Goal 3 OAR division 33 Court rulings

6 What is Agricultural Land? Goal 3 and OAR (1) NRCS Soil Capability Classification System Western Oregon = Class 1 thru 4 Eastern Oregon = Class 1 thru 6

7 What is Agricultural Land? Goal 3 and OAR (1) 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

8 What is Agricultural Land? Goal 3 and OAR (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

9 What is Agricultural Land? Goal 3 and OAR (1) Summary: Consider capability & suitability High Value Farmland OAR (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

10 Exclusive Farm Use Zone Agricultural land must be protected within an EFU zone

11 Uses Allowed in EFU Zones Farm Use!

12 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.

13 What is Farm Use? 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

14 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 preparation Gilmour v. Linn County (2015)

15 What is Farm Use? Stabling or training equines for profit Includes riding lessons, training clinics and schooling shows in association with stabling or training Oregon Natural Desert Assoc. v. Harney County, 42 Or LUBA 149

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

17 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 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 (10)(b)(A) for certain ministerial decisions. Friends of the Creek v. Jackson County, 36 Or LUBA 562 (1999).

18 Uses Allowed in EFU Zones OAR Table From 6 to 50+ nonfarm uses ORS (1) subject to state law only uses are farm-related or compatible ORS (2) subject to ORS & local standards High Value Farmland some uses prohibited ex. new schools, golf courses

19 Dwellings in EFU Zones ORS 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

20 Land Division Standards ORS 215 & OAR 660 division 33 Large minimum parcel sizes (80/160/320) Go-below parcel sizes possible No subdivisions Partitions permitted for ORS (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

21 Mixed Farm-Forest Zones OAR 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

22 Oregon s Right to Farm Law ORS Two major protection components: Immunity from private action Prohibition against regulation by local governments

23 Right to Farm Protects qualified farming practices from private nuisance/trespass actions Does not deal with other compatibility issues.

24 Odors Noise Dust Chemical use Smoke Bees Irrigation mist Nuisance

25 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

26 Oregon s Right to Farm Law Qualifying 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

27 Oregon s Right to Farm Law Qualifying 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.

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30 Land in Farms: ,047,340 acres 16,301,578 acres Source: Census of Agriculture

31 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

32 Tim Murphy Farm/Forest Lands Specialist Department of Land Conservation & Development