Current through Register Vol. 63, No. 3, March 1, 2024
(1) A governing
body shall apply the standards of OAR 660-006-0026 and 660-033-0100 to
determine the proper minimum lot or parcel size for a mixed agriculture/forest
zone. These standards are designed: To make new land divisions compatible with
forest operations; to maintain the opportunity for economically efficient
forest and agriculture practices; and to conserve values found on forest lands.
(2) New land divisions less than
the parcel size established according to the requirements in section (1) of
this rule may be approved for any of the following circumstances:
(a) For the uses listed in OAR
660-006-0025(3)(m) through (o) and (4)(a) through (o) provided that such uses
have been approved pursuant to OAR 660-060-0025(5) and the land division
created is the minimum size necessary for the use.
(b) For the establishment of a parcel for a
dwelling that has existed since before June 1, 1995, subject to the following
requirements:
(A) The parcel established may
not be larger than five acres, except as necessary to recognize physical
factors such as roads or streams, in which case the parcel shall 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 land divisions
standards of the zone; or
(ii) Is
consolidated with another parcel, and together the parcels meet the minimum
land division standards of the zone;
(C) The minimum tract eligible under
subsection (b) of this section is 40 acres;
(D) The tract shall 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.
(c) To
allow a division 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 section (1). 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 land;
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.
(d) To allow a division
of a lot or parcel zoned for mixed farm and forest use 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
215.213(1) or
215.283(1);
(C) Except for one lot or parcel,
each lot or parcel created under this section is between two and five acres in
size;
(D) At least one dwelling is
located on each lot or parcel created under this section; and
(E) The landowner of a lot or parcel created
under this section provides evidence that a restriction prohibiting the
landowner and the land owner's successors in interest from further dividing the
lot or parcel has been recorded with the county clerk of the county in which
the lot or parcel is located. A restriction imposed under this section shall be
irrevocable unless a statement of release is signed by the county planning
director of the county in which the lot or parcel is located indicating that
the comprehensive plan or land use regulations applicable to the lot or parcel
have been changed so that the lot or parcel is no longer subject to statewide
goal 4 (Forest Lands) or unless the land division is subsequently authorized by
law or by a change in statewide goal 4 (Forest Land);
(e) To allow a proposed division of land 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 by OAR 660-006-0055(2)(d) and (4). The record shall be
readily available to the public.
(4) A lot or parcel may not be divided under
OAR 660-006-0055(2)(d) 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
statewide goal 4 (Forest Lands).
(5)
(a) An
applicant for the creation of a parcel pursuant to subsection (2)(b) of this
rule 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. The restriction shall allow no dwellings unless
authorized by law or goal on land zoned for forest use except as permitted
under section (2) of this rule.
(b) A restriction imposed under this section
shall be 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 section. The record shall be
readily available to the public.
(6) A landowner allowed a land division under
section (2) of this rule shall sign a statement that shall 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.
Stat. Auth.: ORS
197.040,
197.230 &
197.245
Stats. Implemented: ORS
197.040,
197.230,
197.245,
215.213.
215.283.
215.700,
215.705,
215.720,
215.740,
215.750,
215.780,
215.783 & Ch. 792, 1993
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