215.203 Zoning
ordinances establishing exclusive farm use zones; definitions. (1) Zoning ordinances may be
adopted to zone designated areas of land within the county as exclusive farm
use zones. Land within such zones shall be used exclusively for farm use except
as otherwise provided in ORS 215.213, 215.283 or 215.284. Farm use zones shall
be established only when such zoning is consistent with the comprehensive plan.
(2)(a) As used in
this section, “farm use” means the current employment of land for the primary
purpose of obtaining a profit in money by raising, harvesting and selling crops
or the feeding, breeding, management and sale of, or the produce of, livestock,
poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy
products or any other agricultural or horticultural use or animal husbandry or
any combination thereof. “Farm use” includes the preparation, storage and
disposal by marketing or otherwise of the products or by-products raised on
such land for human or animal use. “Farm use” also includes the current
employment of land for the primary purpose of obtaining a profit in money by
stabling or training equines including but not limited to providing riding
lessons, training clinics and schooling shows. “Farm use” also includes the
propagation, cultivation, maintenance and harvesting of aquatic, bird and
animal species that are under the jurisdiction of the State Fish and Wildlife
Commission, to the extent allowed by the rules adopted by the commission. “Farm
use” includes the on-site construction and maintenance of equipment and
facilities used for the activities described in this subsection. “Farm use”
does not include the use of land subject to the provisions of ORS chapter 321,
except land used exclusively for growing cultured Christmas trees or land
described in ORS 321.267 (3) or 321.824 (3).
(b) As used in
this subsection, “current employment” of land for farm use includes:
(A) Farmland, the
operation or use of which is subject to any farm-related government program;
(B) Land lying
fallow for one year as a normal and regular requirement of good agricultural
husbandry;
(C) Land planted
in orchards or other perennials, other than land specified in subparagraph (D)
of this paragraph, prior to maturity;
(D) Land not in
an exclusive farm use zone which has not been eligible for assessment at
special farm use value in the year prior to planting the current crop and has
been planted in orchards, cultured Christmas trees or vineyards for at least
three years;
(E) Wasteland, in
an exclusive farm use zone, dry or covered with water, neither economically
tillable nor grazeable, lying in or adjacent to and in common ownership with a
farm use land and which is not currently being used for any economic farm use;
(F) Except for
land under a single-unit dwelling, land under buildings supporting accepted
farm practices, including the processing facilities allowed by ORS 215.255 and
the processing of farm crops into biofuel as commercial activities in
conjunction with farm use under ORS 215.213 (2)(c) and 215.283 (2)(a);
(G) Water
impoundments lying in or adjacent to and in common ownership with farm use
land;
(H) Any land
constituting a woodlot, not to exceed 20 acres, contiguous to and owned by the
owner of land specially valued for farm use even if the land constituting the
woodlot is not utilized in conjunction with farm use;
(I) Land lying
idle for no more than one year where the absence of farming activity is due to
the illness of the farmer or member of the farmer’s immediate family. For
purposes of this paragraph, illness includes injury or infirmity whether or not
such illness results in death;
(J) Any land
described under ORS 321.267 (3) or 321.824 (3); and
(K) Land used for
the processing of farm crops into biofuel, as defined in ORS 315.141, if:
(i) Only the
crops of the landowner are being processed;
(ii) The biofuel
from all of the crops purchased for processing into biofuel is used on the farm
of the landowner; or
(iii) The
landowner is custom processing crops into biofuel from other landowners in the
area for their use or sale.
(c) As used in
this subsection, “accepted farm practice” means a mode of operation that is
common to farms of a similar nature, necessary for the operation of such farms
to obtain a profit in money, and customarily utilized in conjunction with farm
use.
(d) As used in
this subsection, “cultured Christmas trees” means trees:
(A) Grown on
lands used exclusively for that purpose, capable of preparation by intensive
cultivation methods such as plowing or turning over the soil;
(B) Of a
marketable species;
(C) Managed to
meet U.S. No. 2 or better standards for Christmas trees as specified by the
Agriculture Marketing Services of the United States Department of Agriculture;
and
(D) Evidencing
periodic maintenance practices of shearing for Douglas fir and pine species,
weed and brush control and one or more of the following practices: Basal
pruning, fertilizing, insect and disease control, stump culture, soil
cultivation or irrigation. [1963 c.577 §2; 1963 c.619 §1(2), (3); 1967 c.386 §1;
1973 c.503 §3; 1975 c.210 §1; 1977 c.766 §7; 1977 c.893 §17a; 1979 c.480 §1;
1981 c.804 §73; 1983 c.826 §18; 1985 c.604 §2; 1987 c.305 §4; 1989 c.653 §1;
1989 c.887 §7; 1991 c.459 §344; 1991 c.714 §4; 1993 c.704 §1; 1995 c.79 §75;
1995 c.211 §1; 1997 c.862 §1; 2001 c.613 §18; 2003 c.454 §117; 2003 c.621 §67a;
2005 c.354 §1; 2007 c.739 §34; 2009 c.850 §4; 2012 c.74 §1; 2019 c.410 §3; 2025
c.38 §29]
215.205 [1957 s.s. c.11 §2; renumbered
215.295]
215.207 [1989 c.653 §2; repealed by 1999
c.314 §94]
Notes of Decisions
Wetherell v. Douglas Cnty., 160 P.3d 614 (Or. 2007).
· cites it 28× ““Farm use” in Goal 3 is defined simply “as set forth in ORS 215.203,” a statute that we quoted previously.”
1000 Friends of Oregon v. Bd. of Cnty. Commissioners, 575 P.2d 651 (Or. Ct. App. 1978).
· cites it 44× “) Article 5 of the ordinance provides for exclusive farm use zones under ORS 215.203 with minimum lot sizes of 40 acres, the purpose of which is "to preserve and protect for continued agricultural management, production, harvesting and related uses.”
Wetherell v. Douglas Cnty., 132 P.3d 41 (Or. Ct. App. 2006).
· cites it 31× “) Of critical importance in this case, Goal 3 also defines “farm use” as meaning “as set forth in ORS 215.203.” ORS 215.203(2)(a) provides, in part: “As used in this section, ‘farm use’ means the current employment of land for the primary purpose of obtaining a profit in money…”
Meyer v. Lord, 586 P.2d 367 (Or. Ct. App. 1978).
· cites it 11× “We have also said that a finding of predominance of Class I-IV soils does not necessarily require EFU zoning if there is a finding based upon substantial evidence that the land cannot presently or in the foreseeable future be utilized for "farm use” as defined in ORS 215.203.…”
Meeker v. Bd. of Com'rs of Clatsop Cty., 601 P.2d 804 (Or. 1979).
· cites it 16× “* * *" To the same effect, respondents stated: "* * * `[C]ommercial agricultural enterprise' refers to farms in the traditional sense, but also those other industrial and commercial activities in ORS 215.203 that make possible the growing of crops and the raising of livestock…”
Newcomer v. Clackamas Cnty., 758 P.2d 369 (Or. Ct. App. 1988).
· cites it 13× “What is clear from a reading of ORS 215.203 to 215.337, however, is that it is the policy of this state to assure that farm land is used for farm purposes.”
Rutherford v. Armstrong, 572 P.2d 1331 (Or. Ct. App. 1977).
· cites it 12× “See ORS 215.203 to 215.273; ORS 308.370 to 308.”
Stop the Dump Coal. v. Yamhill Cnty., 435 P.3d 698 (Or. 2019).
· cites it 6× “Those policy statements are part of a detailed set of statutes concerning agricultural land use generally, including such matters as EFU zoning, soils assessments, rural land maps, dwellings on agricultural land, land divisions, and other uses permitted on agricultural land.”
King Est. Winery, Inc. v. Dep't of Revenue, 988 P.2d 369 (Or. 1999).
· cites it 8× “400, which grants a personal property tax exemption for farm equipment and machinery, ORS 215.203(2)(a), which defines "farm use" for land use purposes, and this court's decision in Craven v.”
Cox v. Polk Cnty., 25 P.3d 970 (Or. Ct. App. 2001).
· cites it 11× “In October 1999, the planning director approved the LUCS on the ground that, consistently with a Polk County zoning ordinance and with ORS 215.203 and ORS 321.267(l)(e), 1 the project was permitted outright as a farm use.”
Stop Dump Coalition v. Yamhill Cnty., 391 P.3d 932 (Or. Ct. App. 2017).
· cites it 8× “ORS 215.203(1) authorizes counties to adopt EFU zones and further provides that, in EFU zones, land is to be used “exclusively for farm use except as otherwise provided in ORS 215.”
— Or. Rev. Stat. § 215.203(1) — 21 cases
— Or. Rev. Stat. § 215.203(2) — 43 cases
Newcomer v. Clackamas Cnty., 758 P.2d 369 (Or. Ct. App. 1988).
“What is clear from a reading of ORS 215.203 to 215.337, however, is that it is the policy of this state to assure that farm land is used for farm purposes.”
— Or. Rev. Stat. § 215.203(2)(a) — 70 cases
Wetherell v. Douglas Cnty., 160 P.3d 614 (Or. 2007).
““Farm use” in Goal 3 is defined simply “as set forth in ORS 215.203,” a statute that we quoted previously.”
Wetherell v. Douglas Cnty., 132 P.3d 41 (Or. Ct. App. 2006).
“) Of critical importance in this case, Goal 3 also defines “farm use” as meaning “as set forth in ORS 215.203.” ORS 215.203(2)(a) provides, in part: “As used in this section, ‘farm use’ means the current employment of land for the primary purpose of obtaining a profit in money…”
Meeker v. Bd. of Com'rs of Clatsop Cty., 601 P.2d 804 (Or. 1979).
“* * *" To the same effect, respondents stated: "* * * `[C]ommercial agricultural enterprise' refers to farms in the traditional sense, but also those other industrial and commercial activities in ORS 215.203 that make possible the growing of crops and the raising of livestock…”
King Est. Winery, Inc. v. Dep't of Revenue, 988 P.2d 369 (Or. 1999).
“400, which grants a personal property tax exemption for farm equipment and machinery, ORS 215.203(2)(a), which defines "farm use" for land use purposes, and this court's decision in Craven v.”
Cox v. Polk Cnty., 25 P.3d 970 (Or. Ct. App. 2001).
“In October 1999, the planning director approved the LUCS on the ground that, consistently with a Polk County zoning ordinance and with ORS 215.203 and ORS 321.267(l)(e), 1 the project was permitted outright as a farm use.”
— Or. Rev. Stat. § 215.203(2)(a)(B) — 1 case
Wetherell v. Douglas Cnty., 160 P.3d 614 (Or. 2007).
““Farm use” in Goal 3 is defined simply “as set forth in ORS 215.203,” a statute that we quoted previously.”
— Or. Rev. Stat. § 215.203(2)(b) — 10 cases
Wetherell v. Douglas Cnty., 160 P.3d 614 (Or. 2007).
““Farm use” in Goal 3 is defined simply “as set forth in ORS 215.203,” a statute that we quoted previously.”
— Or. Rev. Stat. § 215.203(2)(b)(C) — 1 case
— Or. Rev. Stat. § 215.203(2)(b)(E) — 1 case
— Or. Rev. Stat. § 215.203(2)(b)(F) — 4 cases
— Or. Rev. Stat. § 215.203(2)(b)(K) — 1 case
— Or. Rev. Stat. § 215.203(2)(c) — 12 cases
Stop the Dump Coal. v. Yamhill Cnty., 435 P.3d 698 (Or. 2019).
“Those policy statements are part of a detailed set of statutes concerning agricultural land use generally, including such matters as EFU zoning, soils assessments, rural land maps, dwellings on agricultural land, land divisions, and other uses permitted on agricultural land.”
Stop Dump Coalition v. Yamhill Cnty., 391 P.3d 932 (Or. Ct. App. 2017).
“ORS 215.203(1) authorizes counties to adopt EFU zones and further provides that, in EFU zones, land is to be used “exclusively for farm use except as otherwise provided in ORS 215.”
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