How Oregon’s Land Use Provisions Protect Farming Operations

For more than four decades, Oregon has been at the forefront of farmland protection in the United States, thanks to its robust land use planning system. These provisions, enshrined in the Oregon Revised Statutes (ORS 215.243), are designed to safeguard agricultural lands from urban sprawl, ensuring that farming operations can thrive for generations to come. The comprehensive approach includes zoning laws, exclusive farm use (EFU) designations, and stringent land division regulations. Here’s an overview of how Oregon’s land use provisions protect farming and support our agricultural industry throughout the state.

Historical Context and Legislative Framework

The foundation of Oregon’s farmland protection efforts was laid in the early 1970s with the passage of Senate Bill 100. This landmark legislation established a statewide land use planning program, which required every city and county to adopt comprehensive plans and zoning regulations in line with state goals. One of these goals is the preservation of agricultural lands.

The ORS 215.243 outlines several key principles:

1. Agricultural Land as a Vital Resource: Recognizes the economic, cultural, and ecological importance of preserving agricultural land.
2. Prevention of Urban Sprawl: Aims to minimize the encroachment of urban development into rural areas, which can disrupt farming operations and reduce the amount of available farmland.
3. Economic Viability of Farming: Ensures that farming remains economically viable by preventing conflicting land uses that could drive up land prices or create operational challenges for farmers.

Exclusive Farm Use (EFU) Zoning

One of the cornerstones of Oregon’s farmland protection strategy is the EFU zoning designation. Land zoned for EFU is reserved primarily for agricultural activities, with non-farm uses strictly limited and subject to rigorous review.

These provisions were created for several reasons, as you can see from the benefits they provide to our farming community. First, EFU zoning helps stabilize land values and keep farmland affordable to farmers by restricting non-farm development. Next, the provisions reduce conflicts between agricultural and non-agricultural activities by limiting non-farm uses, ensuring that farmers can operate without interference from incompatible land uses. Finally, EFU laws promote agricultural investments by giving farmers confidence their land will remain available for farming in the future, thus making large investments in long-term projects worthwhile.

Land Division Regulations

Another way Oregon’s land use provisions protect farming is through the regulation of land divisions. The state’s land use laws make it difficult to subdivide EFU-zoned land into smaller parcels, which could be sold for non-agricultural purposes. These regulations outline minimum parcel sizes. Establishing minimum parcel sizes for agricultural land prevents fragmentation and ensures parcels remain large enough to be economically viable for farming. Any proposed division of farmland must undergo a thorough review process to ensure that it aligns with the state’s agricultural preservation goals.

Tax Incentives and Programs

In addition to zoning and land division regulations, Oregon offers various tax incentives and programs to support farmland preservation. One such program is the Farm and Forest Assessment program, which allows agricultural land to be assessed based on its use value rather than its market value. This can result in significantly lower property taxes for farmers, making it more affordable to maintain agricultural operations.

The state also provides grants and technical assistance to local governments and non-profit organizations working on farmland protection projects. These resources help communities develop and implement strategies to preserve agricultural lands, such as purchasing development rights or establishing agricultural easements.

Learn more about Oregon’s tax assessment of EFU properties and special programs on Jackson County’s website.

Support for Urban and Rural Interface Areas

Oregon’s land use provisions also address the challenges faced by farming operations located near urban areas. The state has developed specific strategies to manage the urban-rural interface, where conflicts between agricultural and non-agricultural uses are most likely to occur.

For example, many cities in Oregon have Urban Growth Boundaries (UGBs). UGBs are established around urban areas to limit urban expansion into surrounding rural lands. By containing urban growth, UGBs help protect nearby agricultural lands from development pressures. Similarly, in some areas, buffer zones are created between urban and rural areas to provide a transitional area that minimizes conflicts and supports the coexistence of agricultural and non-agricultural uses.

Long-term Benefits and Challenges

Oregon’s land use provisions protect farming in many ways, including sustained agricultural productivity and the preservation of rural landscapes. By maintaining a stable land base for farming, these provisions help ensure that agriculture remains a vital part of Oregon’s economy and culture.

However, these efforts are not without challenges. Farmers and policymakers must continually adapt to changing economic conditions, population growth, and environmental concerns. Balancing the needs of urban development with the imperative to protect agricultural lands requires ongoing collaboration and innovation.

Richard Stevens & Associates can help you navigate all the land use provisions surrounding your property.

Oregon’s land use provisions represent a comprehensive and forward-thinking approach to farmland protection. Through EFU zoning, land division regulations, tax incentives, and support for urban-rural interface management, the state has created a model for preserving agricultural lands that can serve as an example for other regions. As Oregon continues to grow and evolve, its commitment to protecting farmland ensures that agriculture will remain a cornerstone of its identity and economy for future generations. If you own a parcel of land or you’re a prospective property owner, our team at Richard Stevens & Associates is here to help you understand all the land use provisions you’ll encounter. Contact us today to get started.