1995-06219-Ordinance No. 95-017 Recorded 3/2/1995REVIEWED
9506219
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES� UUUNTY, DREGON
Adopting Amendments to Agricultural Policies 1-" - ? '
of the Deschutes Year 200.0 Comprehensive Plan
and Declaring an Emergency.
ORDINANCE NO. 95-017 01
38-06111 y�— til 1
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. ADOPTION OF AMENDMENTS TO PLAN POLICIES. The
discussion and policies in the Agriculture section of the Deschutes
County Year 2000 Comprehensive Plan are amended to read as set forth in
Exhibit A, with additions in bold-faced type and deletions enclosed in
brackets.
Section 2. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provision, code section, or any map or any line on a map
incorporated therein by reference, by this amending ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability previously incurred or that may hereafter be incurred under
such ordinance, unless a provision of this amending ordinance shall so
expressly provide, and such ordinance repealed shall be treated as
still remaining in force for the purpose of sustaining any proper
action or prosecution for the enforcement of such duty, condition,
penalty, forfeiture, or liability, and for the purpose of authorizing
the prosecution, conviction and punishment of the person or persons who
previously violated the repealed ordinance.
Section 3. SEVERABILITY. The provisions of this ordinance are
severable. If any section, sentence, clause, phrase, area, overlay or
other separable part of this ordinance or any exhibit thereto is
adjudged to be invalid by a court of competent jurisdiction, that
decision shall not affect the validity of the remaining portions of
this ordinance or any exhibit thereto.
Section 4. CODIFICATION. County Legal Counsel shall have the
authority to format the provisions contained herein in a manner that
will integrate them into the County Code consistent with the County
Legal Counsel form and style for ordinance codification. Such
codification shall include the authority to make such changes, to make
changes in numbering systems and to make such numbering changes
consistent with interrelated code sections. In addition, as part of
codification of these ordinances, County Legal Counsel may insert
appropriate legislative history reference. Any legislative history
references included herein are not adopted as part of the substance of
this ordinance, but are included for administrative convenience and as
a reference. They may be changed to correct errors and to conform to
proper style without action of the Board of County Commissioners.
1 - Ordinance 95-017 (3/l/95) KE CHEC rf'"'MED
�
` Chia � U
M 0 21995 71 a�ax;
0138-°0042
Section 5. EMERGENCY. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this ordinance takes effect on its
passage.
DATED this 1st day of March, 1995.
ATT
Recording Secre ary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
7BAR H. S GHTE , C airman
/ Air% �
NANCY_I?OP4 43CHtANGEN, Commiss oner
2 - Ordinance 95-017 (3/1/95)
L. NIPPER, C6ifimissioner
0138-0643
AGRICULTURAL LANDS
The protection of farmland is a public policy goal of the
federal government (USDA, Secretary's Memo #1828, Revised,
Oct. 30, 1978), most states in the United States and many
other countries. In Oregon, the 1975 Planning Goals, as
amended, set statewide standards which must be met by local
governments. For farmlands, ORS 215 and 197 and OAR 660,
Division 33 [5] set forth the criteria for compliance. The
principal concept is that standards in the EFU zones must
provide protection for the continuation of commercial -scale
agriculture in the county, including farm operations,
marketing outlets and the agricultural support system. In
Deschutes County, where some lands have severe limitations
for the commercial production of agricultural products, this
has resulted in considerable debate and occasional hostility.
The County has found itself between angry landowners who do
not wish to protect what they see as marginal agricultural
land, other County residents who are adamant that
agricultural land is a non-renewable resource that must be
preserved and a State law mandating specific actions that
must be taken to protect the land defined as agricultural
land.
Commercial agriculture in Deschutes County consists primarily
of field crops (alfalfa, other hay, some peppermint, potatoes
and seed crops) and livestock operations. The high elevation
(2700-3500 feet) and low rainfall make difficult conditions
for crop farming. A short growing season and the risk of
crop damage from frost or mid -summer hail storms must be
factored into agriculture investment planning. Irrigation is
essential for crops and is used extensively for irrigated
pastures. Without irrigation, little soil is classified
better than SCS Soil Capability Class IV. These factors,
along with limited marketing alternatives, often produce a
frustrating and discouraging experience for local farmers,
although some do manage to be successful.
However, agriculture still is an important economic element
of the County, contributing significantly to the local
economy. Agriculture also provides secondary benefits such
as open space and scenic appearance; benefits which may also
pay economic returns in the form of tourist dollars.
Since detailed soils mapping existed for only a portion of
the County in 1979, it was necessary to develop a more
elaborate definition than that found in the State Goal. The
definition finally agreed to by the County used the available
information on agricultural lands and laid a foundation for
future additions or deletions as better soils information
became available.
Deschutes County Comprehensive Plan (Draft 03/95)
Page 1
0138-0644
Agricultural lands were defined as those lands identified as
possessing Soil Conservation Service Agricultural Capability
Class I -VI soils (S.C.S. Land Capabilities Classification
Map) or, where detailed soils information was not available,
land identified by having been listed as on Farm Tax Deferral
within the five years preceding the adoption of the 1979 plan
(as indicated on the the Existing Land Use Map complied from
County Assessor's records) and/or by the fact that the land
was indicated on the County Planning Department's Irrigated
Lands Map.
Having a definition was only the first step, as it was then
necessary to differentiate between the various types of
agriculture to be found locally and to identify the various
areas they characterized. Members of the Planning Staff, the
Agricultural CAC and the Overall CAC identified seven types
of agriculture and areas characterized by such agriculture.
These types included High Desert Sagebrush and Juniper Land,
located east of Horse Ridge and characterized by extensive
livestock grazing; Riparian Meadows, located along the Upper
Deschutes River, the Little Deschutes River and in the
Sisters area and characterized by sub -irrigated pasture and
meadow hay; Irrigated Commercial Crop Land, located in Lower
Bridge and characterized by field crops; Irrigated Marginally
Commercial Land, located in the Alfalfa, Cloverdale and
Terrebonne areas and characterized by pasture and forage; Dry
Rangeland, located near Odin Falls and characterized by
dryland grazing; Marginal Farm Land - Undeveloped, located
east of Bend and near Redmond, Tumalo and Sisters and
characterized by pasture and forage; and Marginal Farm Land -
Developed, located in the Bend, Plainview and Tumalo areas
and characterized by pasture and forage.
As part of periodic review in 1992, the county conducted a
study of commercial agriculture in Deschutes County. The
purpose of the study was to ensure that EFU zone boundaries
and standards for farm divisions and dwellings were
consistent with Goal 3 and relevant administrative rules.
The results of the study are detailed in the completion
report dated June 1992, and are incorporated into the
Resource Element of the Comprehensive Plan. The study
identified 7 agricultural subzones: Lower Bridge,
Sisters/Cloverdale, Tumalo/Redmond/Bend, Terrebonne, Alfalfa,
LaPine and Horse Ridge East. For each subzone, standards
were determined for minimum parcel sizes for [both] farm
divisions [and farm -related dwellings]. The standards are
designed to protect the commercial agriculture land base
[while providing for flexibility. A tiered administrative
process administers the standards].
One of the primary findings of the study is that irrigated
acres is the controlling variable for defining commercial
agriculture. Therefore, the standard for defining what
constitutes a farm parcel is keyed to the number of irrigated
acres typically found on commercial farms in each subzone.
Deschutes County Comprehensive Plan (Draft 03/95)
Page 2
0138--065
The study also found that farms in Deschutes County usually
contain a mix of irrigated and nonirrigated land, as well as
a mix of soils of different classes. Since the assessed farm
use value is linked to the productive capability of property,
it provides a surrogate for irrigated acres by acknowledging
the presence and role of unirrigated soils in farm
operations. The assessed farm use value can be used in place
of the irrigated acreage figure where the land value is set
to equal that of the irrigated land (i.e., median irrigated
acres in subzone x farm use value of best irrigated land in
subzone = threshold assessed land value).
Notwithstanding the preceding, the LaPine Subzone is somewhat
different from the other subzones in that farm sales are less
than farm use values. In general, this is due to
agricultural practices that depend to a much greater degree
than in the other subzones on livestock grazing on
non -irrigated pasture. To address this situation, median
irrigated acreage and median assessed farm use value are used
to set the basic commercial standards[, with the income test
for dwellings derived by the county farmland appraiser from
the sum of the sales potentials that the median commercial
farm could realize considering typical irrigated acreage, wet
meadowland and dry grazing land in the subzone].
Following the completion of the 1992 farm study and
submission of the County's periodic review package to LCDC,
the Oregon legislative session and LCDC amended the statutes
and rules governing uses in the farm zones. The County's
ordinances and the policies that follow have been amended as
necessary to conform to those changes.
Recognizing the importance of protecting agricultural land
the following policies were [was] chosen to meet State
requirements and local needs:
To preserve and maintain agricultural land.
POLICIES•
ZONING
1. All lands meeting the definition of agricultural lands
shall be zoned Exclusive Farm use, unless an exception
to State goal 3 is obtained so that the zoning may be
Multiple Use Agriculture or Rural Residential.
Deschutes County Comprehensive Plan (Draft 03/95)
Page 3
0138- 06 *16
2. Lands not meeting the agricultural lands definition but
having potential for irrigation according to the Bureau
of Reclamation Special Report - Deschutes Project,
Central Division, Oregon, although not presently without
water, shall receive exclusive farm use zoning.
3. Public lands meeting the criteria for EFU zoning shall
be so zoned unless some other resource (i.e., forest) or
public use exists on the land.
4. No more than 25 percent of a given agricultural subzone
shall be composed of lands not of the same agricultural
type. Any agricultural lands not zoned EFU agriculture
shall be identified in the County Exception Statement.
zoning districts shall be at least 40 acres in size.
5. zones and minimum parcel sizes shall be established to
assure the preservation of the existing commercial
agricultural enterprise of the area.
6. For purposes of profiling the existing commercial
agricultural enterprises of the County, the County shall
consider as one land unit all tracts in contiguous
ownership (including those parcels separated only by a
road) zoned EFU.
7. The County will consider as its pool for profiling the
nature of the existing agricultural enterprises of the
area those farms that make the highest 90% contribution
to the local agricultural economy.
8. In recognition that irrigated acres per farm unit is the
key variable identifying commercial agricultural
enterprises in the County, the County shall use the
median number of irrigated acres per farm unit in the
area or subzone as its principal standard for defining
what size of tract constitutes a farm parcel. As an
alternative to median irrigated acres as a standard, an
assessed farm value equal to that of the median
irrigated acres shall be used as a standard for
establishing farm parcel size. The formula for the
assessed farm value determination shall be as follows:
the median number of irrigated acres per farm unit for
the area or subzone x per acre farm use value of best
irrigated land in subzone = dollar threshold for
assessed land value alternative.
9. Following from the June 1992 OSU Extension Service
completion report detailed in the resource element, the
County has identified 7 subzones representing distinct
groupings of agricultural types. The County's EFU
zoning shall reflect those identified subzones,
Deschutes County Comprehensive Plan (Draft 03/95)
Page 4
0138-0647'
generally described as follows and as more particularly
detailed in the resource element of the comprehensive
plan:
Subzone Profile
Lower Bridge Irrigated field
crops, hay and
pasture
Sisters/Cloverdale Irrigated
alfalfa, hay and
pasture, wooded
grazing and some
field crops
Terrebonne Irrigated hay
and pasture
Tumalo/Redmond/Bend Irrigated
pasture and some
hay
Alfalfa Irrigated hay
and pasture
LaPine Riparian
meadows, grazing
and meadow hay
Horse Ridge East Rangeland
grazing
10. For the purposes of determining relevant characteristics
(i.e., farm use values, multipliers, irrigated acres and
assessed farm use values) of commercial farms, the
County will rely on those farms and those statistics
identified in the completion report prepared by the OSU
Extension Service dated June 1992 and set forth in the
resource element of the comprehensive plan.
[11. To allow for flexibility, local variations and
innovative farming proposals, a tiered administrative
approach, as described in the resource element of the
plan, shall be used to determine, based upon the data
profile of each subzone, appropriate parcel sizes for
purposes of decision-making on individual farm land
division and farm dwelling applications. In Tier 1,
decisions on parcel size shall be based upon the median
irrigated acres or farm assessed values in the
identified subzones. In Tier 2, decisions shall be
based upon the median irrigated acres or farm assessed
values in a more localized radius. In Tier 3, decisions
shall be based upon whether under a proposed farm
Deschutes County Comprehensive Plan (Draft 03/95)
Page 5
U138-Q6�B
management plan the subject parcel can generate the
median annual gross sales for the subzone, as determined
by a local technical advisory committee. Tiers 1, 2 and
3 shall apply to farm dwelling decisions; only Tiers 1
and 2 shall apply to farm divisions.]
[12. Farm divisions reviewed under Tier 2 shall contain, at
a minimum, the amount of irrigated land found in the
lower quartile of commercial farms in the subzone.]
11 [13]. In order to provide some flexibility in the zoning and
to assist farmers who may need to sell an isolated
unproductive piece of land in order to assure continued
operation of the farm, individual isolated partitions
(creation of one [or two] new parcel [lots])
establishing [lots] parcels less than the EFU minimum
lot size in EFU areas shall be permitted to the maximum
extent allowed by state law. The remaining farm parcel
must be at least the minimum established by the EFU
zone.
In order to provide some flexibility in the zoning,
while still maintaining the rural character of the area
and limiting the costs of providing services to rural
residents, the county shall allow non-farm residential
divisions with a minimum lot size of 20 acres and limit
to three the number of new non-farm parcels that can be
created from any one parent parcel. This prohibition
shall apply to all parcels created after the effective
date of Ordinance 92-065.
12 [14]. So that a farmer who has lived on his land for 10 years
or more may retire and sell his property while retaining
the use of his existing home, a homestead exception may
be permitted which allows the homesteader to retain a
life estate lease on the home and some of the
surrounding land. The lease will end with the death(s)
of the homesteader and spouse. This exception shall not
permit the creation of another residence on the property
in question.
13 [15]. A division of land for non-farm uses, except dwellings,
may be approved as long as the parcel for the non-farm
use is no larger than the minimum size necessary for the
use. The parcel shall be at least one acre in size.
14 [16]. Parcel size exceptions may be granted because of survey
errors when original section lines were established, so
that standard section divisions may be achieved (i.e.,
160, 80, 40, 10, etc., acres). Man-made barriers such
as roads or canals, over which the applicant has no
control, may serve as adequate justification for
granting a parcel (lot) size variance.
Deschutes County Comprehensive Plan (Draft 03/95)
Page 6
0138-06119
15 [17]. Normal agricultural practices (i.e., aerial pesticide
applications, machinery dust and noise, etc.) [should]
shall not be restricted by non-agricultural interests in
[agricultural districts] exclusive farm use zones. The
County shall consider requiring noise, dust, fly, etc.,
easements to be granted to adjoining farmers where
non-agricultural uses are permitted.
16 [18]. Coordination between public and private landowners to
encourage farm use shall be encouraged. And projects to
increase productivity and to bring new land into
agricultural production shall be fostered.
17 [19]. Control of noxious weeds through educational programs
should be continued.
18 [20]. Farm and non-farm uses in rural areas shall be
consistent with the conservation of soil and water.
19 [21]. Prior to the next periodic review of its comprehensive
plan and to the extent allowed by state law, the County
Planning Department shall initiate a study of EFU-zoned
lands to develop a recommendation as to whether marginal
lands or secondary lands would be appropriate.
Deschutes County Comprehensive Plan (Draft 03/95)
Page 7