County Planning

ORS 215.278
Accessory dwellings for farmworkers

  • rules


(1)

The Land Conservation and Development Commission shall revise administrative rules regarding dwellings customarily provided in conjunction with farm use to allow, under ORS 215.213 (Uses permitted in exclusive farm use zones in counties that adopted marginal lands system prior to 1993) and 215.283 (Uses permitted in exclusive farm use zones in nonmarginal lands counties), the establishment of accessory dwellings needed to provide opportunities for farmworker housing for individuals primarily engaged in farm use whose assistance in the management of the farm is or will be required by the farm operator on the farm unit.

(2)

As used in this section:

(a)

“Farm unit” means the contiguous and noncontiguous tracts in common ownership used by the farm operator for farm use as defined in ORS 215.203 (Zoning ordinances establishing exclusive farm use zones).

(b)

“Farmworker” means an individual who, for an agreed remuneration or rate of pay, performs labor, temporarily or on a continuing basis, for a person in the:

(A)

Production of farm products;

(B)

Planting, cultivating or harvesting of seasonal agricultural crops; or

(C)

Forestation or reforestation of land, including but not limited to planting, transplanting, tubing, precommercial thinning and thinning of trees or seedlings, the clearing, piling and disposal of brush and slash and other related activities.

(c)

“Farmworker housing” means housing:

(A)

Limited to occupancy by farmworkers and their immediate families; and

(B)

No dwelling unit of which is occupied by a relative of the owner or operator of the farmworker housing.

(d)

“Owner” means a person that owns farmworker housing. “Owner” does not mean a person whose interest in the farmworker housing is that of a holder of a security interest in the housing.

(e)

“Relative” means:

(A)

A spouse of the owner or operator; and

(B)

An ancestor, lineal descendant or whole or half sibling of the owner or operator or the spouse of the owner or operator. [2001 c.613 §6; 2011 c.471 §6]
Note: 215.278 (Accessory dwellings for farmworkers) was added to and made a part of ORS chapter 215 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
§§ 215.203 to 215.311

Atty. Gen. Opinions

Effect of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Chapter 215

Notes of Decisions

Published notice is adequate if property owners can reasonably ascertain that property in which they hold interest may be affected. Clackamas County v. Emmert, 14 Or App 493, 513 P2d 532 (1973), Sup Ct review denied

Statutory scheme establishing LCDC and granting it authority to establish state-wide land use planning goals does not unconstitutionally delegate legislative power where both standards (under this chapter) and safeguards ([former] ORS 197.310) exist. Meyer v. Lord, 37 Or App 59, 586 P2d 367 (1978)

Where county had not yet adopted comprehensive plan but had zoned certain portions "primarily agricultural," county had not enacted adequate interim measures to protect its agricultural land until exclusive farm use zoning was completed. Columbia County v. LCDC, 44 Or App 749, 606 P2d 1184 (1980)

Atty. Gen. Opinions

Fasano v. Bd. of County Commrs., application to county governing bodies and planning commissions, (1974) Vol 36, p 960; binding effect on governmental agencies of the adoption of interim Willamette River Greenway boundaries, (1975) Vol 37, p 894

Law Review Citations

36 EL 25 (2006)


Source

Last accessed
Jun. 26, 2021