Current through Register Vol. 63, No. 9, September 1, 2024
For purposes of this division, the definitions in ORS
197.015, the Statewide Planning
Goals, and OAR chapter 660 shall apply. In addition, the following definitions
shall apply:
(1)
(a) "Agricultural Land" as defined in Goal 3
includes:
(A) Lands classified by the U.S.
Natural Resources Conservation Service (NRCS) as predominantly Class I-IV soils
in Western Oregon and I-VI soils in Eastern Oregon;
(B) Land in other soil classes that is
suitable for farm use as defined in ORS
215.203(2)(a),
taking into consideration soil fertility; suitability for grazing; climatic
conditions; existing and future availability of water for farm irrigation
purposes; existing land use patterns; technological and energy inputs required;
and accepted farming practices; and
(C) Land that is necessary to permit farm
practices to be undertaken on adjacent or nearby agricultural lands.
(b) Land in capability classes
other than I-IV/I-VI that is adjacent to or intermingled with lands in
capability classes I-IV/I-VI within a farm unit, shall be inventoried as
agricultural lands even though this land may not be cropped or grazed;
(c) "Agricultural Land" does not
include land within acknowledged urban growth boundaries or land within
acknowledged exception areas for Goal 3 or 4.
(2)
(a)
"Commercial Agricultural Enterprise" consists of farm operations that will:
(A) Contribute in a substantial way to the
area's existing agricultural economy; and
(B) Help maintain agricultural processors and
established farm markets.
(b) When determining whether a farm is part
of the commercial agricultural enterprise, not only what is produced, but how
much and how it is marketed shall be considered. These are important factors
because of the intent of Goal 3 to maintain the agricultural economy of the
state.
(3) "Contiguous"
means connected in such a manner as to form a single block of land.
(4) "Date of Creation and Existence". When a
lot, parcel or tract is reconfigured pursuant to applicable law after November
4, 1993, the effect of which is to qualify a lot, parcel or tract for the
siting of a dwelling, the date of the reconfiguration is the date of creation
or existence. Reconfigured means any change in the boundary of the lot, parcel
or tract.
(5) "Eastern Oregon"
means that portion of the state lying east of a line beginning at the
intersection of the northern boundary of the State of Oregon and the western
boundary of Wasco County, then south along the western boundaries of the
Counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of
the State of Oregon.
(6)
"Exception Area" means an area no longer subject to the requirements of Goal 3
or 4 because the area is the subject of a site specific exception acknowledged
pursuant to ORS 197.732 and OAR chapter 660,
division 4.
(7)
(a) "Farm Use" as that term is used in ORS
chapter 215 and this division means "farm use" as defined in ORS
215.203.
(b) As used in the definition of "farm use"
in ORS 215.203 and in this division:
(A) "Preparation" of products or by-products
includes but is not limited to the cleaning, treatment, sorting, or packaging
of the products or by-products; and
(B) "Products or by-products raised on such
land" means that those products or by-products are raised on the farm operation
where the preparation occurs or on other farm land provided the preparation is
occurring only on land being used for the primary purpose of obtaining a profit
in money from the farm use of the land.
(8)
(a)
"High-Value Farmland" means land in a tract composed predominantly of soils
that are:
(A) Irrigated and classified prime,
unique, Class I or II; or
(B) Not
irrigated and classified prime, unique, Class I or II.
(b) In addition to that land described in
subsection (a) of this section, high-value farmland, if outside the Willamette
Valley, includes tracts growing specified perennials as demonstrated by the
most recent aerial photography of the Agricultural Stabilization and
Conservation Service of the U.S. Department of Agriculture taken prior to
November 4, 1993. "Specified perennials" means perennials grown for market or
research purposes including, but not limited to, nursery stock, berries,
fruits, nuts, Christmas trees, or vineyards, but not including seed crops, hay,
pasture or alfalfa;
(c) In
addition to that land described in subsection (a) of this section, high-value
farmland, if in the Willamette Valley, includes tracts composed predominantly
of the following soils in Class III or IV or composed predominantly of a
combination of the soils described in subsection (a) of this section and the
following soils:
(A) Subclassification IIIe,
specifically, Bellpine, Bornstedt, Burlington, Briedwell, Carlton, Cascade,
Chehalem, Cornelius Variant, Cornelius and Kinton, Helvetia, Hillsboro, Hult,
Jory, Kinton, Latourell, Laurelwood, Melbourne, Multnomah, Nekia, Powell,
Price, Quatama, Salkum, Santiam, Saum, Sawtell, Silverton, Veneta, Willakenzie,
Woodburn and Yamhill;
(B)
Subclassification IIIw, specifically, Concord, Conser, Cornelius Variant,
Dayton (thick surface) and Sifton (occasionally flooded);
(C) Subclassification IVe, specifically,
Bellpine Silty Clay Loam, Carlton, Cornelius, Jory, Kinton, Latourell,
Laurelwood, Powell, Quatama, Springwater, Willakenzie and Yamhill; and
(D) Subclassification IVw,
specifically, Awbrig, Bashaw, Courtney, Dayton, Natroy, Noti and Whiteson.
(d) In addition to that
land described in subsection (a) of this section, high-value farmland, if west
of the summit of the Coast Range and used in conjunction with a dairy operation
on January 1, 1993, includes tracts composed predominantly of the following
soils in Class III or IV or composed predominantly of a combination of the
soils described in subsection (a) of this section and the following soils:
(A) Subclassification IIIe, specifically,
Astoria, Hembre, Knappa, Meda, Quillayutte and Winema;
(B) Subclassification IIIw, specifically,
Brenner and Chitwood;
(C)
Subclassification IVe, specifically, Astoria, Hembre, Meda, Nehalem, Neskowin
and Winema; and
(D)
Subclassification IVw, specifically, Coquille.
(e) In addition to that land described in
subsection (a) of this section, high-value farmland includes tracts located
west of U.S. Highway 101 composed predominantly of the following soils in Class
III or IV or composed predominantly of a combination of the soils described in
subsection (a) of this section and the following soils:
(A) Subclassification IIIw, specifically,
Ettersburg Silt Loam and Crofland Silty Clay Loam;
(B) Subclassification IIIe, specifically,
Klooqueh Silty Clay Loam and Winchuck Silt Loam; and
(C) Subclassification IVw, specifically,
Huffling Silty Clay Loam.
(f) Lands designated as "marginal lands"
according to the marginal lands provisions adopted before January 1, 1993, and
according to the criteria in former ORS
215.247(1991),
are excepted from this definition of "high-value farmlands";
(9) "Irrigated" means watered by
an artificial or controlled means, such as sprinklers, furrows, ditches, or
spreader dikes. An area or tract is "irrigated" if it is currently watered, or
has established rights to use water for irrigation, including such tracts that
receive water for irrigation from a water or irrigation district or other
provider. For the purposes of this division, an area or tract within a water or
irrigation district that was once irrigated shall continue to be considered
"irrigated" even if the irrigation water was removed or transferred to another
tract.
(10) "Lot" shall have the
meaning set forth in ORS
92.010.
(11) "Manufactured dwelling" and
"manufactured home" shall have the meaning set forth in ORS
446.003(26).
(12) "NRCS Web Soil Survey" means
the official source of certified soils data available online that identifies
agricultural land capability classes, developed and maintained by the Natural
Resources Conservation Service as of January 1, 2016, for agricultural soils
that are not high-value, and as of December 6, 2007, for high-value
agricultural soils.
(13) "Parcel"
shall have the meaning set forth in ORS
215.010.
(14) "Tract" means one or more contiguous
lots or parcels under the same ownership.
(15) "Western Oregon" means that portion of
the state lying west of a line beginning at the intersection of the northern
boundary of the State of Oregon and the western boundary of Wasco County, then
south along the western boundaries of the Counties of Wasco, Jefferson,
Deschutes and Klamath to the southern boundary of the State of Oregon.
(16) "Willamette Valley" is
Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and
that portion of Benton and Lane Counties lying east of the summit of the Coast
Range.
Publications: Publications referenced are available from the
agency.
Stat. Auth.: ORS
197.040
Stats. Implemented: ORS
197.015,
197.040,
197.230,
197.245,
215.203,
215.243,
215.283 &
215.700 -
215.710
