Oregon Code § 215.452·Enacted ·Last updated March 01, 2026
Statute Text
Winery; conditions; permissible uses.
(1) A winery may be established as a permitted use on land zoned for exclusive
farm use under ORS 215.213 (1)(p) and 215.283 (1)(n) or on land zoned for mixed
farm and forest use if the winery produces wine with a maximum annual
production of:
(a) Less than
50,000 gallons and:
(A) Owns an
on-site vineyard of at least 15 acres;
(B) Owns a
contiguous vineyard of at least 15 acres;
(C) Has a
long-term contract for the purchase of all of the grapes from at least 15 acres
of a vineyard contiguous to the winery; or
(D) Obtains
grapes from any combination of subparagraph (A), (B) or (C) of this paragraph;
or
(b) At least
50,000 gallons and the winery:
(A) Owns an
on-site vineyard of at least 40 acres;
(B) Owns a
contiguous vineyard of at least 40 acres;
(C) Has a
long-term contract for the purchase of all of the grapes from at least 40 acres
of a vineyard contiguous to the winery;
(D) Owns an
on-site vineyard of at least 15 acres on a tract of at least 40 acres and owns
at least 40 additional acres of vineyards in Oregon that are located within 15
miles of the winery site; or
(E) Obtains
grapes from any combination of subparagraph (A), (B), (C) or (D) of this
paragraph.
(2) In addition
to producing and distributing wine, a winery established under this section
may:
(a) Market and
sell wine produced in conjunction with the winery.
(b) Conduct
operations that are directly related to the sale or marketing of wine produced
in conjunction with the winery, including:
(A) Wine tastings
in a tasting room or other location on the premises occupied by the winery;
(B) Wine club
activities;
(C) Winemaker
luncheons and dinners;
(D) Winery and
vineyard tours;
(E) Meetings or
business activities with winery suppliers, distributors, wholesale customers
and wine-industry members;
(F) Winery staff
activities;
(G) Open house
promotions of wine produced in conjunction with the winery; and
(H) Similar
activities conducted for the primary purpose of promoting wine produced in
conjunction with the winery.
(c) Market and
sell items directly related to the sale or promotion of wine produced in
conjunction with the winery, the marketing and sale of which is incidental to
on-site retail sale of wine, including food and beverages:
(A) Required to
be made available in conjunction with the consumption of wine on the premises
by the Liquor Control Act or rules adopted under the Liquor Control Act; or
(B) Served in
conjunction with an activity authorized by paragraph (b), (d) or (e) of this
subsection.
(d) Carry out
agri-tourism or other commercial events on the tract occupied by the winery
subject to subsections (5), (6), (7) and (8) of this section.
(e) Host
charitable activities for which the winery does not charge a facility rental
fee.
(3) A winery may
include on-site kitchen facilities licensed by the Oregon Health Authority
under ORS 624.010 to 624.121 for the preparation of food and beverages
described in subsection (2)(c) of this section. Food and beverage services
authorized under subsection (2)(c) of this section may not utilize menu options
or meal services that cause the kitchen facilities to function as a cafe or
other dining establishment open to the public.
(4) The gross
income of the winery from the sale of incidental items or services provided
pursuant to subsection (2)(c) to (e) of this section may not exceed 25 percent
of the gross income from the on-site retail sale of wine produced in
conjunction with the winery. The gross income of a winery does not include
income received by third parties unaffiliated with the winery. At the request
of a local government with land use jurisdiction over the site of a winery, the
winery shall submit to the local government a written statement that is
prepared by a certified public accountant and certifies the compliance of the
winery with this subsection for the previous tax year.
(5) A winery may
carry out up to 18 days of agri-tourism or other commercial events annually on
the tract occupied by the winery.
(6) For events
described in subsection (5) of this section for a winery in the Willamette
Valley:
(a) Events on the
first six days of the 18-day limit per calendar year must be authorized by the
local government through the issuance of a renewable multi-year license that:
(A) Has a term of
five years; and
(B) Is subject to
an administrative review to determine necessary conditions pursuant to
subsection (7) of this section.
(b) The local
governments decision on a license under paragraph (a) of this subsection is
not:
(A) A land use
decision, as defined in ORS 197.015, and is not subject to review by the Land
Use Board of Appeals.
(B) A permit, as
defined in ORS 215.402 or 227.160.
(c) Events on
days seven through 18 of the 18-day limit per calendar year must be authorized
by the local government through the issuance of a renewable multi-year permit
that:
(A) Has a term of