OAR 350-081-0190
Review Uses — Agricultural Land
(1)
The following uses may be allowed on lands designated Large-Scale or Small Scale Agriculture subject to compliance with guidelines for the protection of scenic, cultural, natural, and recreation resources (350-081-0520 (General Management Area Scenic Review Criteria) through 350-081-0620 (Special Management Area Recreation Resource Review Criteria)):(a)
New cultivation, subject to compliance with guidelines for the protection of cultural resources (350-081-0540 (General Management Area Cultural Resource Review Criteria)) and natural resources (350-081-0560 (General Management Area Wetland Review Criteria) through 350-081-0590 (General Management Areas Rare Plant Review Criteria)).(b)
Agricultural structures, except buildings, in conjunction with agricultural use.(c)
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 the standards in “Agricultural Buildings” (350-081-0090 (Agricultural Buildings)).(d)
Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in (1)(e) and (f) below.(e)
Accessory building(s) larger than 200 square feet in area or taller than 10 feet in height for a dwelling on any legal parcel less than or equal to 10 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.(f)
Accessory building(s) larger than 200 square feet in area or taller than 10 feet in height for a dwelling on any legal parcel larger than 10 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.(g)
The temporary use of a mobile home in the case of a family hardship, subject to the guidelines for hardship dwellings in “Temporary Use — Hardship Dwelling” (350-081-0092 (Temporary Use — Hardship Dwelling)).(h)
On lands designated Large Scale Agriculture, a single-family dwelling in conjunction with agricultural use, upon a demonstration that all of the following conditions exist:(A)
The subject farm or ranch (including all of its constituent parcels, contiguous or otherwise) has no other dwellings that are vacant or currently occupied by persons not directly engaged in farming or working on the subject farm or ranch and that could be used as the principal agricultural dwelling.(B)
The farm or ranch upon which the dwelling will be located is currently devoted to agricultural use where the day to-day activities of one or more residents of the agricultural dwelling will be principally directed to the agricultural use of the land. The farm or ranch must currently satisfy subsection (h)(C)(iv) below.(C)
The farm or ranch is a commercial agricultural enterprise as determined by an evaluation of the following factors:(i)
Size of the entire farm or ranch, including all land in the same ownership.(ii)
Type(s) of agricultural uses (crops, livestock) and acreage.(iii)
Operational requirements for the particular agricultural use that are common to other agricultural operations in the area.(iv)
Income capability. The farm or ranch, and all its constituent parcels, must be capable of producing at least $40,000 in gross annual income. This determination can be made using the following formula:(A)
Intentionally left blank —Ed.(B)
(C) = I(i)
On lands designated Large Scale Agriculture, a second single family dwelling in conjunction with agricultural use when the dwelling would replace an existing dwelling that is included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with the criteria listed in 350-081-0540 (General Management Area Cultural Resource Review Criteria)(1)(e).(j)
On lands designated Small Scale Agriculture, a single family dwelling on any legally existing parcel.(k)
On lands designated Large Scale Agriculture, a single-family dwelling for an agricultural operator’s relative provided that all of the following conditions exist:(A)
The dwelling would be occupied by a relative of the agricultural operator or of the agricultural operator’s spouse who will be actively engaged in the management of the farm or ranch. Relative means grandparent, grandchild, parent, child, brother or sister.(B)
The dwelling would be located on the same parcel as the dwelling of the principal operator.(C)
The operation is a commercial enterprise, as determined by an evaluation of the factors described in 350-081-0190 (Review Uses — Agricultural Land)(1)(h)(C).(l)
Construction, reconstruction, or modifications of roads not in conjunction with agriculture.(m)
Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in “Resource Enhancement Projects” (350-081-0104 (Resource Enhancement Projects)). These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).(n)
Structures associated with hunting and fishing operations.(o)
Towers and fire stations for forest fire protection.(p)
Agricultural labor housing, under the following conditions:(A)
The proposed housing is necessary and accessory to a current agricultural use.(B)
The housing shall be seasonal, unless it is shown that an additional full time dwelling is necessary to the current agricultural use of the subject farm or ranch unit. Seasonal use shall not exceed 9 months.(C)
The housing shall be located to minimize the conversion of lands capable of production of farm crops or livestock, and shall not force a significant change in or significantly increase the cost of accepted agricultural practices employed on nearby lands devoted to agricultural use.(q)
On lands designated Large Scale Agriculture, on a parcel that was legally created and existed prior to November 17, 1986, a single family dwelling not in conjunction with agricultural use upon a demonstration that all of the following conditions exist:(A)
The dwelling will not force a change in or increase the cost of accepted agricultural practices on surrounding lands.(B)
The subject parcel is predominantly unsuitable for the production of farm crops and livestock, considering soils, terrain, location, and size of the parcel. Size alone shall not be used to determine whether a parcel is unsuitable for agricultural use. An analysis of suitability shall include the capability of the subject parcel to be used in conjunction with other agricultural operations in the area.(C)
The dwelling shall be set back from any abutting parcel designated Large-Scale or Small Scale Agriculture, as required by 350-081-0076 (Agricultural Buffer Zones in the General Management Area), or designated Commercial Forest Land or Large or Small Woodland, as required in “Siting of Dwellings on Forest Land” (350-081-0310 (Approval Criteria for Siting of Dwellings on Forest Land in the GMA)).(D)
A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs, and assigns of the subject property are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands designated Large-Scale or Small Scale Agriculture, Commercial Forest Land, Large or Small Woodland.(E)
All owners of land in areas designated Large-Scale or Small Scale Agriculture, Commercial Forest Land, or Large or Small Woodland that is within 500 feet of the perimeter of the subject parcel on which the dwelling is proposed to be located have been notified and given at least 10 days to comment prior to a decision.(r)
On parcels in Small Scale Agriculture, a land division creating parcels smaller than the designated minimum parcel size, subject to the guidelines for cluster development in “Land Divisions and Cluster Development” (350-081-0124 (Land Divisions and Cluster Development)). If the designated minimum parcel size is 20 acres, this provision will apply to parcels 40 acres in size or larger. Similarly, if the designated minimum parcel size is 40, 80, or 160 acres, this provision will apply to parcels 80 acres or larger, 160 acres or larger, or 320 acres or larger, respectively.(s)
Life estates, subject to the guidelines in “Approval Criteria for Life Estates,” (350-081-0210 (Approval Criteria for Life Estates — Large-Scale or Small-Scale Agriculture Designations)).(t)
Land divisions, subject to the minimum lot sizes designated on the Land Use Designation Map.(u)
Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, subject to the guidelines in “Lot Line Adjustments” (350-081-0126 (Lot Line Adjustments)).(v)
Additions to existing buildings greater than 200 square feet in area or greater than the height of the existing building.(w)
Docks and boathouses, subject to the guidelines in “Docks and Boathouses” (350-081-0096 (Docks and Boathouses)).(x)
Removal/demolition of structures that are 50 or more years old, including wells, septic tanks and fuel tanks.(y)
Commercial events, subject to the guidelines in “Commercial Events” (350-081-0108 (Commercial Events)).(z)
Special uses in historic buildings, subject to the guidelines in “Special Uses in Historic Buildings” (350-081-0114 (Special Uses in Historic Buildings)).(2)
The following uses may be allowed on lands designated SMA Agriculture subject to review for compliance with the scenic, cultural, natural, and recreation resource guidelines (350-081-0520 (General Management Area Scenic Review Criteria) through 350-081-0620 (Special Management Area Recreation Resource Review Criteria)). 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 350-081-0270 (Review Uses — Forest Land)(2)(x).(b)
Forest uses and practices, as allowed for in 350-081-0270 (Review Uses — Forest Land)(2)(y).(c)
A single family dwelling necessary for and accessory to agricultural use upon a demonstration that all of the following conditions exist:(A)
The proposed dwelling would be the only dwelling on the subject farm or ranch, including contiguous lots/parcels.(B)
The farm or ranch upon which the dwelling will be located is currently devoted to agricultural use, where the day to-day 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 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)
Income capability. The farm or ranch, and all its contiguous parcels, must be capable of producing at least $40,000 in gross annual income. This determination can be made using the following formula, with periodic adjustments for inflation:(D)
Minimum parcel size of 40 contiguous acres.(d)
Farm labor housing on a parcel with an existing dwelling under the following conditions:(A)
The proposed housing is necessary and accessory to a current agricultural use, and the operation is a commercial agricultural enterprise as determined by 350-081-0190 (Review Uses — Agricultural Land)(2)(c)(C).(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 9 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 the standards in “Agricultural Buildings” (350-081-0090 (Agricultural Buildings)).(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 2(h) or 2(i), below.(h)
Accessory building(s) larger than 200 square feet in area or taller than 10 feet in height for a dwelling on any legal parcel less than or equal to 10 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 10 feet in height for a dwelling on any legal parcel larger than 10 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 and cottage industries, subject to the guidelines in “Home Occupations and Cottage Industries” (350-081-0098 (Home Occupations and Cottage Industries)). 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 the guidelines in “Bed and Breakfast Inns” (350-081-0100 (Bed and Breakfast Inns)). The use or development shall be compatible with agricultural use. Buffer zones should be considered to protect agricultural practices from conflicting uses.(l)
Fruit stands and produce stands, upon a showing that sales will be limited to agricultural products raised on the property and other agriculture properties in the local region.(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 SMA.(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/batch plant operations related to public road projects, not to exceed 6 months.(q)
Community facilities and nonprofit facilities related to agricultural resource management.(r)
Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to the guidelines in “Resource Enhancement Projects” (350-081-0104 (Resource Enhancement Projects)). These projects may include new structures (e.g., fish ladders, sediment barriers) and/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 350-081-0620 (Special Management Area Recreation Resource Review Criteria).(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 mobile home in the case of a family hardship, subject to the guidelines for hardship dwellings in "Temporary Use Hardship Dwelling” (350-081-0092 (Temporary Use — Hardship Dwelling)).(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 the guidelines in “Docks and Boathouses” (350-081-0096 (Docks and Boathouses)).(z)
Removal/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 Gorge county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the Scenic Area, subject to compliance with the guidelines in “Disposal Sites for Spoil Materials from Public Road Maintenance Activities” (350-081-0106 (Disposal Sites for Spoil Materials from Public Road Maintenance Activities)).
Source:
Rule 350-081-0190 — Review Uses — Agricultural Land, https://secure.sos.state.or.us/oard/view.action?ruleNumber=350-081-0190.