215.720
Criteria for forestland dwelling under ORS 215.705. (1) A dwelling authorized under
ORS 215.705 may be allowed on land zoned for forest use under a goal protecting
forestland only if:
(a) The tract on
which the dwelling will be sited is in western Oregon, as defined in ORS
321.257, and is composed of soils not capable of producing 5,000 cubic feet per
year of commercial tree species and is located within 1,500 feet of a public
road as defined under ORS 368.001. The road shall be maintained and either
paved or surfaced with rock and shall not be:
(A) A United
States Bureau of Land Management road; or
(B) A United
States Forest Service road unless the road is paved to a minimum width of 18
feet, there is at least one defined lane in each direction and a maintenance
agreement exists between the United States Forest Service and landowners
adjacent to the road, a local government or a state agency.
(b) The tract on
which the dwelling will be sited is in eastern Oregon, as defined in ORS
321.805, and is composed of soils not capable of producing 4,000 cubic feet per
year of commercial tree species and is located within 1,500 feet of a public
road as defined under ORS 368.001. The road shall be maintained and either
paved or surfaced with rock and shall not be:
(A) A United
States Bureau of Land Management road; or
(B) A United
States Forest Service road unless the road is paved to a minimum width of 18
feet, there is at least one defined lane in each direction and a maintenance
agreement exists between the United States Forest Service and landowners
adjacent to the road, a local government or a state agency.
(2) For purposes
of this section, “commercial tree species” means trees recognized under rules
adopted under ORS 527.715 for commercial production.
(3) No dwelling
other than those described in this section and ORS 215.740, 215.750 and 215.755
may be sited on land zoned for forest use under a land use planning goal
protecting forestland. [1993 c.792 §4 (1),(4),(9); 1997 c.318 §4; 1997 c.732 §1;
2003 c.621 §102]
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1998–2025 · leading case:
Carlson v. Benton Cnty., 961 P.2d 248 (Or. Ct. App. 1998).
Carlson v. Benton Cnty., 961 P.2d 248 (Or. Ct. App. 1998).
· cites it 7× “, ORS 215.720 (relating to forest dwellings that are permissible under different circumstances), provisions of the Forest Practices Act in ORS chapter 527, and statutory and regulatory provisions relating to the taxation of forest land, do use terms such as “commercial tree…”
Norwood v. Washington Cnty., 245 P.3d 659 (Or. Ct. App. 2010).
“Potentially applicable state law requirements include but are not limited to: (1) ORS 215.720 governing forest dwellings; (2) ORS 215.”
Miller v. Multnomah Cnty., 956 P.2d 209 (Or. Ct. App. 1998).
· cites it 4× “5 Petitioner argues, however, that ORS 215.720(3) reflects the legislature’s intent that the criteria in the state provisions be exclusive.”
Friends of Yamhill Cnty. v. Yamhill Cnty., 373 Or. 790 (Or. 2025).
“283 (farm use); ORS 215.720 - ORS 215.757 (forest use). Second, regardless of whether a home occupation is located within a dwelling or other building, the legislature has specified that the approval of a home occupation does not authorize “construc- tion of any structure that…”
— Or. Rev. Stat. § 215.720(2) — 1 case
Carlson v. Benton Cnty., 961 P.2d 248 (Or. Ct. App. 1998).
“, ORS 215.720 (relating to forest dwellings that are permissible under different circumstances), provisions of the Forest Practices Act in ORS chapter 527, and statutory and regulatory provisions relating to the taxation of forest land, do use terms such as “commercial tree…”
— Or. Rev. Stat. § 215.720(3) — 1 case
Miller v. Multnomah Cnty., 956 P.2d 209 (Or. Ct. App. 1998).
“5 Petitioner argues, however, that ORS 215.720(3) reflects the legislature’s intent that the criteria in the state provisions be exclusive.”
— Or. Rev. Stat. § 215.720(l)(a) — 1 case
Carlson v. Benton Cnty., 961 P.2d 248 (Or. Ct. App. 1998).
“, ORS 215.720 (relating to forest dwellings that are permissible under different circumstances), provisions of the Forest Practices Act in ORS chapter 527, and statutory and regulatory provisions relating to the taxation of forest land, do use terms such as “commercial tree…”
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