Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 6 - GOAL 4 FOREST LANDS
Section 660-006-0027 - Dwellings in Forest Zones
Universal Citation: OR Admin Rules 660-006-0027
Current through Register Vol. 63, No. 9, September 1, 2024
The following standards apply to dwellings described at OAR 660-006-0025(1)(d):
(1) A lot of record dwelling authorized under ORS 215.705 may be allowed if:
(a) The lot or parcel on which the dwelling
will be sited was lawfully created and was acquired and owned continuously by
the present owner as defined in subsection (d) of this section:
(A) Since prior to January 1, 1985; or
(B) By devise or by intestate
succession from a person who acquired and had owned continuously the lot or
parcel since prior to January 1, 1985.
(b) The tract on which the dwelling will be
sited does not include a dwelling;
(c) The lot or parcel on which the dwelling
will be sited was part of a tract on November 4, 1993, no dwelling exists on
another lot or parcel that was part of that tract.
(d) For purposes of this section, "owner"
includes the wife, husband, son, daughter, mother, father, brother,
brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law,
mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent,
stepchild, grandparent or grandchild of the owner or a business entity owned by
any one or combination of these family members.
(e) The dwelling must be located:
(A) On a tract in western Oregon that is
composed of soil is not capable of producing 5,000 cubic feet per year of
commercial tree species and is located within 1,500 feet of a public road as
defined under ORS 368.001 that provides or will
provide access to the subject tract. The road shall be maintained and either
paved or surfaced with rock and shall not be:
(i) A United States Bureau of Land Management
road; or
(ii) A United States
Forest Service road unless the road is paved to a minimum width of 18 feet,
there is at least one defined lane in each direction and a maintenance
agreement exists between the United States Forest Service and landowners
adjacent to the road, a local government or a state agency.
(B) On a tract in eastern Oregon
that is composed of soils not capable of producing 4,000 cubic feet per year of
commercial tree species and is located within 1,500 feet of a public road as
defined under ORS 368.001 that provides or will
provide access to the subject tract. The road shall be maintained and either
paved or surfaced with rock and shall not be:
(i) A United States Bureau of Land Management
road; or
(ii) A United States
Forest Service road unless the road is paved to a minimum width of 18 feet,
there is at least one defined lane in each direction and a maintenance
agreement exists between the United States Forest Service and landowners
adjacent to the road, a local government or a state agency.
(f) When the lot or
parcel on which the dwelling will be sited lies within an area designated in an
acknowledged comprehensive plan as habitat of big game, the siting of the
dwelling shall be consistent with the limitations on density upon which the
acknowledged comprehensive plan and land use regulations intended to protect
the habitat are based; and
(g)
When the lot or parcel on which the dwelling will be sited is part of a tract,
the remaining portions of the tract shall be consolidated into a single lot or
parcel when the dwelling is allowed.
(2) If a dwelling is not allowed pursuant to section (1) of this rule, a large tract forest dwelling authorized under ORS 215.740 may be allowed on land zoned for forest use if it complies with other provisions of law and is sited on a tract that does not include a dwelling:
(a) In eastern Oregon of at least 240
contiguous acres or 320 acres in one ownership that are not contiguous but are
in the same county or adjacent counties and zoned for forest use. A deed
restriction shall be filed pursuant to section (7) of this rule for all tracts
that are used to meet the acreage requirements of this subsection.
(b) In western Oregon of at least 160
contiguous acres or 200 acres in one ownership that are not contiguous but are
in the same county or adjacent counties and zoned for forest use. A deed
restriction shall be filed pursuant to section (7) of this rule for all tracts
that are used to meet the acreage requirements of this subsection.
(c) A tract shall not be considered to
consist of less than 240 acres or 160 acres because it is crossed by a public
road or a waterway.
(3) In western Oregon, a governing body of a county or its designate may allow the establishment of a single family "template" dwelling authorized under ORS 215.750 on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are:
(a) Capable of producing zero
to 49 cubic feet per acre per year of wood fiber if:
(A) All or part of at least three other lots
or parcels that existed on January 1, 1993, are within a 160-acre square
centered on the center of the subject tract; and
(B) At least three dwellings existed on
January 1, 1993 and continue to exist on the other lots or parcels.
(b) Capable of producing 50 to 85
cubic feet per acre per year of wood fiber if:
(A) All or part of at least seven other lots
or parcels that existed on January 1, 1993, are within a 160-acre square
centered on the center of the subject tract; and
(B) At least three dwellings existed on
January 1, 1993 and continue to exist on the other lots or parcels.
(c) Capable of producing more than
85 cubic feet per acre per year of wood fiber if:
(A) All or part of at least 11 other lots or
parcels that existed on January 1, 1993, are within a 160-acre square centered
on the center of the subject tract; and
(B) At least three dwellings existed on
January 1, 1993 and continue to exist on the other lots or parcels.
(4) In eastern Oregon, a governing body of a county or its designate may allow the establishment of a single family "template" dwelling authorized under ORS 215.750 on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are:
(a) Capable of producing zero
to 20 cubic feet per acre per year of wood fiber if:
(A) All or part of at least three other lots
or parcels that existed on January 1, 1993, are within a 160-acre square
centered on the center of the subject tract; and
(B) At least three dwellings existed on
January 1, 1993 and continue to exist on the other lots or parcels.
(b) Capable of producing 21 to 50
cubic feet per acre per year of wood fiber if:
(A) All or part of at least seven other lots
or parcels that existed on January 1, 1993, are within a 160-acre square
centered on the center of the subject tract; and
(B) At least three dwellings existed on
January 1, 1993 and continue to exist on the other lots or parcels.
(c) Capable of producing more than
50 cubic feet per acre per year of wood fiber if:
(A) All or part of at least 11 other lots or
parcels that existed on January 1, 1993, are within a 160-acre square centered
on the center of the subject tract; and
(B) At least three dwellings existed on
January 1, 1993 and continue to exist on the other lots or parcels.
(5) The following review standards apply to "template" dwellings approved under sections (3) or (4) of this rule:
(a) Lots or parcels within
urban growth boundaries shall not be used to satisfy the eligibility
requirements under sections (3) or (4) of this rule.
(b) Except as provided by subsection (c) of
this section, if the tract under section (3) or (4) of this rule abuts a road
that existed on January 1, 1993, the measurement may be made by creating a
160-acre rectangle that is one mile long and 1/4 mile wide centered on the
center of the subject tract and that is to the maximum extent possible, aligned
with the road.
(c)
(A) If a tract 60 acres or larger described
under section (3) or (4) of this rule abuts a road or perennial stream, the
measurement shall be made in accordance with subsection (b) of this section.
However, one of the three required dwellings shall be on the same side of the
road or stream as the tract, and:
(i) Be
located within a 160-acre rectangle that is one mile long and one-quarter mile
wide centered on the center of the subject tract and that is, to the maximum
extent possible aligned with the road or stream; or
(ii) Be within one-quarter mile from the edge
of the subject tract but not outside the length of the 160-acre rectangle, and
on the same side of the road or stream as the tract.
(B) If a road crosses the tract on which the
dwelling will be located, at least one of the three required dwellings shall be
on the same side of the road as the proposed dwelling.
(6) A proposed "template" dwelling under this rule is not allowed:
(a) If it is
prohibited by or will not comply with the requirements of an acknowledged
comprehensive plan, acknowledged land use regulations, or other provisions of
law;
(b) Unless it complies with
the requirements of OAR 660-006-0029 and 660-006-0035;
(c) Unless no dwellings are allowed on other
lots or parcels that make up the tract and deed restrictions established under
section (7) of this rule for the other lots or parcels that make up the tract
are met; or
(d) If the tract on
which the dwelling will be sited includes a dwelling.
(7)
(a) The
applicant for a dwelling authorized by paragraph (A) or (B) below shall provide
evidence that the covenants, conditions and restrictions form adopted as
"Exhibit A" has been recorded with the county clerk of the county or counties
where the property subject to the covenants, conditions and restrictions is
located.
(A) Subsections (2)(a) or (b) of
this rule requiring one or more lot or parcel to meet minimum acreage
requirements.
(B) Sections (3) or
(4) of this rule applying to other lots or parcels that make up a tract in
section (6).
(b) The
covenants, conditions and restrictions are irrevocable, unless a statement of
release is signed by an authorized representative of the county or counties
where the property subject to the covenants, conditions and restrictions is
located.
(c) Enforcement of the
covenants, conditions and restrictions may be undertaken by the department or
by the county or counties where the property subject to the covenants,
conditions and restrictions is located.
(d) The failure to follow the requirements of
this section shall not affect the validity of the transfer of property or the
legal remedies available to the buyers of property that is subject to the
covenants, conditions and restrictions required by this section.
(e) The county planning director shall
maintain a copy of the covenants, conditions and restrictions filed in the
county deed records pursuant to this section and a map or other record
depicting tracts do not qualify for the siting of a dwelling under the
covenants, conditions and restrictions filed in the county deed records
pursuant to this section. The map or other record required by this subsection
shall be readily available to the public in the county planning office.
(8) Notwithstanding subsection (6)(a) of this rule, if the acknowledged comprehensive plan and land use regulations of a county require that a dwelling be located in a 160-acre square or rectangle described in sections (3) or (4) or subsections (5)(b) or (c) of this rule, a dwelling is in the 160-acre square or rectangle if any part of the dwelling is in the 160-acre square or rectangle.
Exhibits referenced are available from the agency.
Stat. Auth.: ORS 197.040, 197.230 & 197.245
Stats. Implemented: ORS 197.040, 197.230, 197.245, 215.700, 215.705, 215.720, 215.740, 215.750, 215.780 & Ch. 792, 1993 OL
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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