Owning a piece of the rural landscape is a dream for many, offering unparalleled privacy and a connection to the natural beauty of our region. However, in our experience, many prospective landowners are surprised to learn that owning a parcel of land does not automatically grant the right to build a dwelling on it. Navigating the complexities of the Jackson County Land Development Ordinance, often referred to as “the Ordinance,” is a critical first step in protecting your investment and achieving a homesite designation in Southern Oregon.
How do you achieve a homesite designation in Southern Oregon?
To achieve a homesite designation in Southern Oregon, a property must be lawfully created and meet specific zoning requirements under the Jackson County Land Development Ordinance. This process involves verifying lot legality, ensuring the parcel meets minimum size standards for its zone (such as EFU or Forest Resource), and successfully navigating a formal land use application or feasibility analysis.
What is a Homesite Designation?
What is a Homesite Designation?A homesite designation in Southern Oregon refers to the formal recognition that a specific parcel of land is eligible for the construction of a permanent dwelling. While it may seem straightforward, this status carries significant legal weight under the Ordinance. For a parcel to be considered viable, it must first be recognized as a “legally created” lot.
Many property owners are caught off guard by the concept of “lot legality”. Just because a deed exists and the property was purchased through a standard real estate transaction does not guarantee the county recognizes it as a legal parcel for development. For instance, if a previous owner separated the land from a larger tract without proper county approval, the property may not be eligible for a homesite designation in Southern Oregon until the legality is remedied.
Key Factors Influencing Homesite Eligibility
When our team evaluates a property for its potential to receive a homesite designation in Southern Oregon, we look at several layers of regulation that go beyond simple boundary lines:
- Zoning Districts: Rural land is typically categorized into districts like Exclusive Farm Use (EFU), Forest Resource (FR), or Rural Residential (RR).
- Minimum Parcel Size: Most zones establish a minimum acreage required for a dwelling; for example, a Forest Resource zone requires a minimum parcel size of 80 acres for certain divisions.
- Overlays and Special Concerns: The Ordinance identifies specific “overlays” such as wildlife habitats (ASC 90-1), floodplains, or riparian areas that can restrict where a home can be placed.
- Physical Access and Infrastructure: Factors such as soil quality for septic systems, slope steepness, and the presence of a permitted driveway all affect the approval process.
The Process for Getting a Homesite Approved
If your property does not currently meet the requirements for a homesite designation in Southern Oregon, it does not necessarily mean your project is over. Based on client results, there are established legal pathways to seek approval, though they require a diligent approach to the county’s permitting process.
The Feasibility and Project Analysis
Our team recommends beginning every project with a comprehensive feasibility analysis. This process involves extensive research into archival records and previous planning files to identify the best development opportunities for the land. We evaluate lot legality, soil types, and potential “Areas of Special Concern” to provide a workable outline for proceeding through the government process.
The Formal Land Use Application
If the analysis shows a path forward, the next step is submitting a formal land use application to Jackson County. This process can be administrative (staff review) or quasi-judicial (requiring a public hearing). Common applications to secure a homesite designation in Southern Oregon include:
- Lot Legality Review (LOT): An application to officially prove the parcel was created according to land use laws in effect at the time of its creation.
- Resource Dwellings: In EFU or FR zones, applications may be submitted for “forest template dwellings” or “dwellings in conjunction with farm use”.
- Measure 49 Claims: Property owners impacted by certain land-use provision changes may be eligible for authorization to build a limited number of homesites as compensation.
Why Professional Guidance is Essential
In our experience, the “burden of proof” is always on the applicant when dealing with Jackson County. Trying to navigate the Ordinance without an expert understanding of land use laws can quickly become a nightmare. As land use consultants, we act as your representative with local planning departments and at quasi-judicial hearings to ensure your application is accurate and follows correct legal procedures.
Our sole purpose is to make the process of reaching your land use goals as quick and painless as possible. We use state-of-the-art GIS and GPS mapping technology to demonstrate that your proposal meets all current standards.
Frequently Asked Questions
What is the difference between an allowable use and a permitted use?
Under the Ordinance, permitted uses typically require only a staff review, while allowable uses require a formal application and administrative review to ensure compliance with development standards.
Can I build a second home on my Rural Residential lot?
This depends on the specific zone; for example, the RR-5 zone requires each dwelling to be allocated 5 acres, meaning only properties of 10 acres or more would typically allow a second home.
If you are considering purchasing rural land or have questions about homesite designation in Southern Oregon, our team at Richard Stevens & Associates is here to help. Contact us today at 541-773-2646 to set up an initial consultation and take the guesswork out of your land use project.