Current through Register Vol. 63, No. 3, March 1, 2024
(3) Review Uses. The
following uses may be allowed on lands designated SMA Agriculture subject to
compliance with 350-082-0600 through 350-082-0720. The use or development shall
be sited to minimize the loss of land suitable for the production of
agricultural crops or livestock.
(a) New
cultivation or new agricultural use outside of previously disturbed and
regularly worked fields or areas. Clearing trees for new agricultural use is
subject to the additional requirements of 350-082-0280(3)(w).
(b) Forest uses and practices, as allowed for
in 350-082-0280(3)(x).
(c) A
single-family dwelling necessary for and accessory to agricultural use upon a
demonstration of compliance with all the following guidelines:
(A) The proposed dwelling would be the only
dwelling on the subject farm or ranch, including contiguous lots and
parcels.
(B) The farm or ranch upon
which the dwelling will be located is currently devoted to agricultural use,
where the day-today activities of one or more residents of the dwelling will be
principally directed to the agricultural use of the land. The farm or ranch
must currently satisfy subsection (C)(iv) below.
(C) The farm or ranch is a commercial
agricultural enterprise as determined by an evaluation of the following
criteria:
(i) Size of the entire farm or
ranch, including all land in the same ownership.
(ii) Type(s) of agricultural uses (crops,
livestock, orchard, etc.) and acreage.
(iii) Operational requirements for the
particular agricultural use that are common to other agricultural operations in
the area.
(iv) Average income. The
farm or ranch, and all its contiguous parcels, must produce at least $80,000 in
gross annual income in 2020 dollars. This gross annual income amount shall be
indexed for inflation on an annual basis using Consumer Price Index data from
the US Bureau of Labor Statistics, and the new adjusted amount for each
calendar year (calculated from 2020 dollars) will be posted on the Gorge
Commission's website by January 15 of each year. This determination can be made
using the following formula: (A)(B)(C) = I where: A = Average yield of the
commodity per acre or unit of production; B = Average price of the commodity; C
= Total acres suitable for production, or total units of production that can be
sustained, on the subject farm or ranch; and I = Income capability.
(D) Minimum parcel size of 40
contiguous acres.
(d)
Farm labor housing on a parcel with an existing dwelling subject to compliance
with all the following guidelines:
(A) The
proposed housing is necessary and accessory to a current agricultural use, and
the operation is a commercial agricultural enterprise as determined by an
evaluation of the criteria listed in subsection (c)(C) above.
(B) The housing shall be seasonal, unless it
is shown that an additional full-time dwelling is necessary for the current
agricultural use. Seasonal use shall not exceed nine months.
(C) The housing shall be located to minimize
the conversion of lands capable of production of farm crops and livestock and
shall not force a significant change in or significantly increase the cost of
accepted agricultural uses employed on nearby lands devoted to agricultural
use.
(D) Minimum parcel size of 40
contiguous acres.
(e)
Agricultural structures, except buildings, in conjunction with agricultural
use.
(f) Agricultural buildings in
conjunction with current agricultural use and, if applicable, proposed
agricultural use that a landowner would initiate within one year and complete
within five years, subject to compliance with 350-082-0380.
(g) Accessory structures for an existing or
approved dwelling that are not otherwise allowed outright, eligible for the
expedited development review process, or allowed in subsection (h) or (i),
below.
(h) Accessory building(s)
larger than 200 square feet in area or taller than ten feet in height for a
dwelling on any legal parcel less than or equal to ten acres in size are
subject to the following additional standards:
(A) The combined footprints of all accessory
buildings on a single parcel shall not exceed 1,500 square feet in area. This
combined size limit refers to all accessory buildings on a parcel, including
buildings allowed without review, existing buildings and proposed
buildings.
(B) The height of any
individual accessory building shall not exceed 24 feet.
(i) Accessory building(s) larger than 200
square feet in area or taller than ten feet in height for a dwelling on any
legal parcel larger than ten acres in size are subject to the following
additional standards:
(A) The combined
footprints of all accessory buildings on a single parcel shall not exceed 2,500
square feet in area. This combined size limit refers to all accessory buildings
on a parcel, including buildings allowed without review, existing buildings and
proposed buildings.
(B) The
footprint of any individual accessory building shall not exceed 1,500 square
feet.
(C) The height of any
individual accessory building shall not exceed 24 feet.
(j) Home occupations subject to compliance
with 350-082-0420. The use or development shall be compatible with agricultural
use. Buffer zones should be considered to protect agricultural practices from
conflicting uses.
(k) Bed and
breakfast inns, subject to compliance with 350-082-0440. The use or development
shall be compatible with agricultural use. Buffer zones should be considered to
protect agricultural practices from conflicting uses.
(l) Fruit and produce stands.
(m) Aquaculture.
(n) Exploration, development, and production
of sand, gravel, and crushed rock for the construction, maintenance, or
reconstruction of roads used to manage or harvest commercial forest products on
lands within the SMAs.
(o) Utility
facilities necessary for public service, upon a showing that:
(A) There is no alternative location with
less adverse effect on Agriculture lands.
(B) The size is the minimum necessary to
provide the service.
(p)
Temporary asphalt or batch plant operations related to public road projects,
not to exceed six months.
(q)
Community facilities and nonprofit facilities related to agricultural resource
management.
(r) Resource
enhancement projects for the purpose of enhancing scenic, cultural, recreation
or natural resources, subject to compliance with 350-082-0460. These projects
may include new structures (e.g., fish ladders, sediment barriers) or
activities (e.g., closing and revegetating unused roads, recontouring abandoned
quarries).
(s) Expansion of
existing nonprofit group camps, retreats, and conference or education centers
for the successful operation on the dedicated site. Expansion beyond the
dedicated site is prohibited.
(t)
Public recreation, commercial recreation, interpretive, and educational
developments and uses, consistent with the guidelines in 350-082-0710 through
350-082-0720.
(u) Road and railroad
construction and reconstruction.
(v) Agricultural product processing and
packaging, upon demonstration that the processing will be limited to products
produced primarily on or adjacent to the property. "Primarily" means a clear
majority of the product as measured by volume, weight, or value.
(w) On a parcel of 40 acres or greater with
an existing dwelling, the temporary use of a manufactured home or dwelling
structure in the case of a family hardship, subject to compliance with
350-082-0390.
(x) Additions to
existing buildings greater than 200 square feet in area or greater than the
height of the existing building.
(y) Docks and boathouses, subject to
compliance with 350-082-0410.
(z)
Removal or demolition of structures that are 50 or more years old, including
wells, septic tanks, and fuel tanks.
(aa) Disposal sites managed and operated by
the Oregon Department of Transportation, the Washington State Department of
Transportation, or a National Scenic Area county public works department for
earth materials and any intermixed vegetation generated by routine or
emergency/disaster public road maintenance activities within the National
Scenic Area, subject to compliance with 350-082-0470.
Statutory/Other Authority: ORS
196.150, RCW
43.97.015,
16 USC §
544f(l)
Statutes/Other Implemented: ORS
196.150, RCW
43.97.015,
16 USC §
544f(l)