Resource land dwelling policy
(1)Provide certain owners of less productive land an opportunity to build a dwelling on their land; and
(2)Limit the future division of and the siting of dwellings upon the state’s more productive resource land. [1993 c.792 §10]
(a)The rezoned lands have not been employed for farm use in the prior three years;
(b)The rezoned lands are not:
(A)High-value farmland, as defined in ORS 195.300 (Definitions for ORS 195.300 to 195.336);
(B)Predominantly composed of Class I, II or III soils; or
(C)Viable for reasonably obtaining a profit through a farm use;
(c)Rezoning will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use;
(d)If the water source for the rezoned lands is a well, the lands are not within a critical ground water area as designated under ORS 537.730 (Designation of critical ground water area) to 537.740 (Filing rules designating critical ground water area) or within an area where ground water withdrawals have been restricted by the Water Resources Commission;
(e)The property owner agrees as a condition of approval of the rezoning to sign and record in the county deed records an irrevocable deed restriction in the form prescribed by the county acknowledging the protected rights of farm, forest and rangeland practices in the area and prohibiting the owner and the owner’s successors in interest from pursuing a cause of action or claim of relief alleging an injury from any farming, forest or rangeland practices if no claim or action is allowed under ORS 30.936 (Immunity from private action based on farming or forest practice on certain lands) or 30.937 (Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use) or otherwise protected by law as a farming, forest or rangeland practice;
(f)The rezoning complies with all other criteria adopted by the county;
(g)The approval would not result in a cumulative total of more than 200 acres rezoned by the county under this section;
(h)The rezoning has received a public hearing and a written opinion from a review board established under section 3 of this 2021 Act; and
(i)In the prior 10 years, the rezoned lands have not been assessed for property tax purposes as:
(A)Open space land under ORS 308A.300 (Definitions for ORS 308A.300 to 308A.330) to 308A.330 (Rules);
(B)Riparian habitat under ORS 308A.350 (Definitions for ORS 308A.350 to 308A.383) to 308A.383 (Rules);
(C)Wildlife habitat under ORS 308A.403 (Legislative intent) to 308A.430 (Disqualification from special assessment); or
(D)A conservation easement under ORS 308A.450 (Definitions for ORS 308A.450 to 308A.465) to 308A.465 (Inspection by holder).
(2)Upon rezoning lands under this section, the county shall file with the county assessor a statement listing the tax lots to which the change in zoning applies and the applicable date of the change. [2021 c.671 §2]
(2)The members of the review board shall serve terms of no more than four years and may be reappointed by the governing body.
(3)The review board must include:
(a)One member who represents the interests of the farming community of the county;
(b)One member who represents the Eastern Oregon Border Economic Development Board;
(c)One member who is a member of the governing body of the county; and
(d)One member who is a member of the planning body for the county.
(4)The review board shall review, and conduct at least one public hearing for, each petition filed under section 2 of this 2021 Act to rezone, and if necessary partition, land and shall provide a written opinion to the county.
(5)The opinion developed by the review board is not a land use decision and is not subject to appeal. [2021 c.671 §3]
Section 215.700 — Resource land dwelling policy,