Statute Text
High-value farmland description for ORS 215.705.
(1) For purposes of ORS 215.705,
high-value farmland is land in a tract composed predominantly of soils that, at
the time the siting of a dwelling is approved for the tract, are:
(a) Irrigated and
classified prime, unique, Class I or Class II; or
(b) Not irrigated
and classified prime, unique, Class I or Class II.
(2) In addition
to that land described in subsection (1) of this section, for purposes of ORS
215.705, high-value farmland, if outside the Willamette Valley, includes tracts
growing specified perennials as demonstrated by the most recent aerial
photography of the Agricultural Stabilization and Conservation Service of the
United States Department of Agriculture taken prior to November 4, 1993. For
purposes of this subsection, specified perennials means perennials grown for
market or research purposes including, but not limited to, nursery stock,
berries, fruits, nuts, Christmas trees or vineyards but not including seed
crops, hay, pasture or alfalfa.
(3) In addition
to that land described in subsection (1) of this section, for purposes of ORS
215.705, high-value farmland, if in the Willamette Valley, includes tracts
composed predominantly of the following soils in Class III or IV or composed
predominantly of a combination of soils described in subsection (1) of this
section and the following soils:
(a)
Subclassification IIIe, specifically, Bellpine, Bornstedt, Burlington,
Briedwell, Carlton, Cascade, Chehalem, Cornelius, Cornelius Variant, Cornelius
and Kinton, Helvetia, Hillsboro, Hullt, Jory, Kinton, Latourell, Laurelwood,
Melbourne, Multnomah, Nekia, Powell, Price, Quatama, Salkum, Santiam, Saum,
Sawtell, Silverton, Veneta, Willakenzie, Woodburn and Yamhill;
(b)
Subclassification IIIw, specifically, Concord, Conser, Cornelius Variant,
Dayton (thick surface) and Sifton (occasionally flooded);
(c)
Subclassification IVe, specifically, Bellpine Silty Clay Loam, Carlton,
Cornelius, Jory, Kinton, Latourell, Laurelwood, Powell, Quatama, Springwater,
Willakenzie and Yamhill; and
(d)
Subclassification IVw, specifically, Awbrig, Bashaw, Courtney, Dayton, Natroy,
Noti and Whiteson.
(4) In addition
to that land described in subsection (1) of this section, for purposes of ORS
215.705, high-value farmland, if west of the summit of the Coast Range and used
in conjunction with a dairy operation on January 1, 1993, includes tracts
composed predominantly of the following soils in Class III or IV or composed
predominantly of a combination of soils described in subsection (1) of this
section and the following soils:
(a)
Subclassification IIIe, specifically, Astoria, Hembre, Knappa, Meda,
Quillayutte and Winema;
(b)
Subclassification IIIw, specifically, Brenner and Chitwood;
(c)
Subclassification IVe, specifically, Astoria, Hembre, Meda, Nehalan, Neskowin
and Winema; and
(d)
Subclassification IVw, specifically, Coquille.
(5) For purposes
of approving a land use application under ORS 215.705, the soil class, soil
rating or other soil designation of a specific lot or parcel may be changed if
the property owner:
(a) Submits a
statement of agreement from the Natural Resources Conservation Service of the
United States Department of Agriculture that the soil class, soil rating or
other soil designation should be adjusted based on new information; or
(b)(A) Submits a
report from a soils scientist whose credentials are acceptable to the State
Department of Agriculture that the soil class, soil rating or other soil
designation should be changed; and
(B) Submits a
statement from the State Department of Agriculture that the Director of
Agriculture or the directors designee has reviewed the report described in
subparagraph (A) of this paragraph and finds the analysis in the report to be
soundly and scientifically based.
(6) Soil classes,
soil ratings or other soil designations used in or made pursuant to this
section are those of the Soil Conservation Service in its most recent
publication for that class, rating or designation before November 4, 1993. [1993
c.792 §3; 1995 c.79 §78; 1995 c.812 §8]