Oregon Revised Statutes Chapter 215 § 215.263 — Land

Land divisions in exclusive farm use zones; criteria for approval; rules. (1) Any proposed division of land included within an exclusive farm use zone resulting in the creation of one or more parcels of land shall be reviewed and approved or disapproved by the governing body or its designee of the county in which the land is situated. The governing body of a county by ordinance shall require prior review and approval for divisions of land within exclusive farm use zones established within the county. (2)(a) The governing body of a county or its designee may approve a proposed division of land to create parcels for farm use as defined in ORS 215.203 if it finds that: (A) The proposed division of land is appropriate for the continuation of the existing commercial agricultural enterprise within the area; (B) The parcels created by the proposed division are not smaller than the minimum size established under ORS 215.780; or (C) A portion of a lot or parcel has been included within an urban growth boundary and redesignated for urban uses under the applicable acknowledged comprehensive plan and the portion of the lot or parcel that remains outside the urban growth boundary and zoned for exclusive farm use is smaller than the minimum lot or parcel size established under ORS 215.780, subject to paragraph (b) of this subsection. (b) When a parcel for farm use is created in an exclusive farm use zone under paragraph (a) of this subsection, the partition must occur along the urban growth boundary and: (A) If the parcel contains a dwelling, the parcel must be large enough to support continued residential use. (B) If the parcel does not contain a dwelling, the parcel: (i) Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120; (ii) May not be considered in approving or denying an application for siting any other dwelling; and (iii) May not be considered in approving a redesignation or rezoning of forestlands under the acknowledged comprehensive plan and land use regulations, except for a redesignation or rezoning to allow a public park, open space or other natural resource use. (3) The governing body of a county or its designee may approve a proposed division of land in an exclusive farm use zone for nonfarm uses, except dwellings, set out in ORS