ORS 215.750
Alternative forestland dwelling
- criteria
(1)
As used in this section, “center of the subject tract” means the mathematical centroid of the tract.(2)
In western Oregon, a governing body of a county or its designate may allow the establishment of a single-family dwelling 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 0 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, 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, on the other lots or parcels; or(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, on the other lots or parcels.(3)
In eastern Oregon, a governing body of a county or its designate may allow the establishment of a single-family dwelling 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 0 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, 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, on the other lots or parcels; or(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, on the other lots or parcels.(4)
Lots or parcels within urban growth boundaries may not be used to satisfy the eligibility requirements under subsection (2) or (3) of this section.(5)
A proposed dwelling under this section is allowed only if:(a)
It will comply with the requirements of an acknowledged comprehensive plan, acknowledged land use regulations and other provisions of law;(b)
It complies with the requirements of ORS 215.730 (Additional criteria for forestland dwelling under ORS 215.705);(c)
No dwellings are allowed on other lots or parcels that make up the tract and deed restrictions established under ORS 215.740 (Large tract forestland dwelling) (3) for the other lots or parcels that make up the tract are met;(d)
The tract on which the dwelling will be sited does not include a dwelling;(e)
The lot or parcel on which the dwelling will be sited was lawfully established;(f)
Any property line adjustment to the lot or parcel complied with the applicable property line adjustment provisions in ORS 92.192 (Property line adjustment);(g)
Any property line adjustment to the lot or parcel after January 1, 2019, did not have the effect of qualifying the lot or parcel for a dwelling under this section; and(h)
If the lot or parcel on which the dwelling will be sited was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another lot or parcel that was part of the tract.(6)
Except as described in subsection (7) of this section, if the tract under subsection (2) or (3) of this section 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 one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road.(7)
Intentionally left blank —Ed.(a)
If a tract 60 acres or larger described under subsection (2) or (3) of this section abuts a road or perennial stream, the measurement shall be made in accordance with subsection (6) of this section. However, one of the three required dwellings must be on the same side of the road or stream as the tract and:(A)
Be located within a 160-acre rectangle that is one mile long and one-fourth 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(B)
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 must be on the same side of the road as the proposed dwelling.(8)
Notwithstanding subsection (5)(a) of this section, 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 subsection (2), (3), (6) or (7) of this section, a dwelling is in the 160-acre square or rectangle if any part of the dwelling is in the 160-acre square or rectangle. [1993 c.792 §4(6),(7),(8); 1999 c.59 §58; 2005 c.289 §1; 2019 c.433 §1](1)
No more than one other dwelling exists or has been approved on another lot or parcel that was part of the tract; and(2)
The lot or parcel qualifies, notwithstanding ORS 215.750 (Alternative forestland dwelling) (5)(h), for a dwelling under ORS 215.750 (Alternative forestland dwelling). [2019 c.433 §2](a)
On and after the effective date of this 2019 Act [January 1, 2020] in Clackamas, Jackson, Lane and Polk Counties.(b)
On and after November 1, 2021, in Columbia, Coos, Curry, Deschutes, Douglas, Josephine, Linn, Marion, Washington and Yamhill Counties.(c)
On and after November 1, 2023, in Baker, Benton, Clatsop, Crook, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lake, Lincoln, Malheur, Morrow, Multnomah, Sherman, Tillamook, Umatilla, Union, Wallowa, Wasco and Wheeler Counties.(2)
A county may not apply any administrative rule adopted to implement the amendments to ORS 215.750 (Alternative forestland dwelling) by section 1 of this 2019 Act until on or after the applicable date for that county under subsection (1) of this section.(3)
Section 2 of this 2019 Act applies:(a)
On and after the effective date of this 2019 Act in Clackamas, Jackson, Lane and Polk Counties.(b)
On and after November 1, 2021, in Columbia, Coos, Curry, Deschutes, Douglas, Josephine, Linn, Marion, Washington and Yamhill Counties. [2019 c.433 §3]
Source:
Section 215.750 — Alternative forestland dwelling; criteria, https://www.oregonlegislature.gov/bills_laws/ors/ors215.html.
Notes of Decisions
Counties may supplement state standards with local regulations and restrictions. Miller v. Multnomah County, 153 Or App 30, 956 P2d 209 (1998)
“Wood fiber” means wood fiber from all types of trees that property is capable of producing, not just commercial species. Carlson v. Benton County, 154 Or App 62, 961 P2d 248 (1998)
Illegally created lot or parcel may not be considered for purpose of determining number of lots or parcels within 160-acre square. Friends of Yamhill County v. Yamhill County, 229 Or App 188, 211 P3d 297 (2009)
Law Review Citations
36 EL 25 (2006)
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