2002-799-Ordinance No. 2002-020 Recorded 4/26/2002REVI WED
LE AL COUNSEL
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CODE RtVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL RECORDS yJ 200����r7
MARY SUE PENHOLLOW, COUNTY CLERK
COMMISSIONERS' JOURNAL 04/26/2002 11;43;55 AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Chapter 23.88,
Agricultural Lands, of the Deschutes County
Code, and Declaring an Emergency.
ORDINANCE NO. 2002-020
WHEREAS, House Bill 3326 was adopted by the State of Oregon, and became effective January 1,
2002 (codified in ORS 215.263), which provided for certain land divisions in the Exclusive Farm Use zone; and
WHEREAS, the Planning Division provided notice as required under State Measure 56; and
WHEREAS, the County held hearings before the County Planning Commission on December 13, 2001,
and before the Board of County Commissioners on February 21, 2002, to determine how HB 3326 should be
implemented; and
WHEREAS, the Board has determined that in order to provide flexibility to land owners, while still
maintaining the rural character of the area and limiting the costs of providing services to rural residents, the
provisions of HB 3326 should be modified in certain ways; and,
WHEREAS, although the new statutory provisions allow for two additional parcels whenever the parent
parcel is greater than the appropriate minimum lot size, the Board has determined that allowing only one parcel
when the parent parcel meets the irrigated minimum lot size and is less than 80 acres will help preserve that
balance between flexibility and rural character; and,
WHEREAS, the Board determined that, for the nonirrigated parcels, the five (5) acre minimum lot size
for the additional parcels that can now be created under the new provisions will help preserve that rural
character; and,
WHEREAS, the five (5) acre minimum is not necessary for irrigated parcels because in most cases the
two parcels are owned and managed as a single unit; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 23.88 is amended to read as described in Exhibit "A",
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in sIrtkethfettgh.
PAGE 1 OF 2 - ORDINANCE NO. 2002-020 (04/24/02)
Section 2. 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 day of atlul '2002.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM DEWO Chair
D -IS R. LUKE, Commissioner
MI AEL ALY, Coissioner
Date of 1St Reading: v day of , 2002.
Date of 2"d Reading: 2 day of , 2002.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf
Dennis R. Luke
Michael M. Daly ✓
Effective date: 'day of 12002.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2002-020 (04/24/02)
EXHIBIT "A"
Chapter 23.88 AGRICULTURAL LANDS
23.88.010. Agricultural lands.
23.88.020. Goal.
23.88.030. Zoning Policies.
23.88.010. 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 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 hailstorms 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.
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 Existing
Land Use Map compiled 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
Page 1 of 4 -EXHIBIT "A" TO ORDINANCE NO. 2002-020(04/24/02)
EXHIBIT "A"
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
dry land 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, La Pine and Horse
Ridge East. For each subzone, standards were determined for minimum parcel sizes for farm
divisions. The standards are designed to protect the commercial agriculture land base.
One of the primary findings of the study is that irrigated acres is are 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. 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 La Pine 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.
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 chosen to
meet State requirements and local needs.
(Ord. 2002-005 § 1, 2002; Ord. 2000-17 § 1, 2000; Ord. 95-017, 1995; Ord. 80-203, 1980; PL -20,
1979)
23.88.020. Goal.
To preserve and maintain agricultural land.
(Ord. 2002-005 § 1, 2002; Ord. 2000-17 § 1, 2000; Ord. 95-017, 1995; PL -20, 1979)
Page 2 of 4 -EXHIBIT "A" TO ORDINANCE NO. 2002-020(04/24/02)
EXHIBIT "A"
23.88.030. Zoning Policies.
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.
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 net 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. ,
assessed fitfm value e"al te that ef the median iffigated aer-es shall be used as a standard
fer- establishing fih-ffi par -eel
shall be fellows. the median tribe.. of gate.l « F -.« «:t for- the
a
J11411 VV kJ fellows. J. {.11V e e
subzene x per- aer-e fafffi tise valtie-efbest iffigatedland in siabzene — delle& dwesheld e
assessed land value altefnagve-.
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,
generally described as follows and as more particularly detailed in the resource element of
the comprehensive plan:
Subzone
Profile
Lower Bride
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
La Pine
Riparian meadows, gazing and meadow ha
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
Page 3 of 4 -EXHIBIT "A" TO ORDINANCE NO. 2002-020(04/24/02)
EXHIBIT "A"
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. 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 nonfarm parcels) establishing
parcels less than the EFU irrigated minimum lot size in EFU areas shall be permitted. to th
The remaining farm parcel must be at least the
irrigated minimum established by the EFU subzone.
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 on nonirrigated land, in accordance with state law,
with a minimum lot size of 205 acres. eAid limit te a,_,..,, the number- e f new nen f
par -eels that eanfle-created- fieffl any ene pe&ent pieel. This pr-ehibitieft shall apply te all.
par -eels .rete a after- the „cc e five date e f Or-dif a 92 065
12. 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. 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. 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.
15. Normal agricultural practices (i.e., aerial pesticide applications, machinery dust and noise,
etc.) shall not be restricted by non-agricultural interests in 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. 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. Control of noxious weeds through educational programs should be continued.
18. Farm and non-farm uses in rural areas shall be consistent with the conservation of soil and
water.
19. 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.
(Ord. 2002-020 § 1, 2002; Ord. 2002-005 § 1, 2002; Ord. 2000-17 § 1, 2000; Ord. 95-017, 1995;
Ord. 92-062, 1992; Ord. 80-203, 1980; PL -20, 1979)
Page 4 of 4 -EXHIBIT "A" TO ORDINANCE NO. 2002-020(04/24/02)