Bill Text: OR HB2441 | 2013 | Regular Session | Enrolled

Oregon House Bill 2441 (Prior Session Legislation)

Bill Title: Relating to use of agricultural building.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-05-09 - Chapter 73, (2013 Laws): Effective date January 1, 2014. [HB2441 Detail]

Download: Oregon-2013-HB2441-Enrolled.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2441

Sponsored by Representative JOHNSON; Representatives BOONE, CLEM,
  ESQUIVEL, JENSON, Senators GIROD, ROBLAN (at the request of
  Oregon Small Woodlands Association) (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to use of agricultural building; creating new
  provisions; and amending ORS 455.315.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 215.700 to 215.780. + }
  SECTION 2.  { + (1) An agricultural building, as defined in ORS
455.315, customarily provided in conjunction with farm use or
forest use is an authorized use on land zoned for forest use or
for mixed farm and forest use.
  (2) A person may not convert an agricultural building
authorized by this section to another use. + }
  SECTION 3. ORS 455.315 is amended to read:
  455.315. (1)   { - Nothing in this chapter is intended to - }
 { + The provisions of this chapter do not + } authorize the
application of a state structural specialty code to any
agricultural building, agricultural grading or equine facility.
  (2) As used in this section:
  (a) 'Agricultural building' means a structure located on a farm
 { + or forest operation + } and used   { - in the operation of
the farm - } for:
  (A) Storage, maintenance or repair of farm  { + or forestry + }
machinery and equipment;
  (B) The raising, harvesting and selling of crops { +  or forest
products + };
  (C) The feeding, breeding, management and sale of, or the
produce of, livestock, poultry, fur-bearing animals or honeybees;
  (D) Dairying and the sale of dairy products; or
  (E) Any other agricultural { + , forestry + } or horticultural
use or animal husbandry, or any combination thereof, including
the preparation and storage of the produce raised on the farm for
human use and animal use { + , the preparation and storage of
forest products + } and  { + the + } disposal { + , + } by
marketing or otherwise { + , of farm produce or forest
products + }.
  (b) 'Agricultural building' does not mean:
  (A) A dwelling;
  (B) A structure used for a purpose other than growing plants in
which 10 or more persons are present at any one time;
  (C) A structure regulated by the State Fire Marshal pursuant to
ORS chapter 476;

Enrolled House Bill 2441 (HB 2441-A)                       Page 1

  (D) A structure used by the public; or
  (E) A structure subject to sections 4001 to 4127, title 42,
United States Code (the National Flood Insurance Act of 1968) as
amended, and regulations promulgated thereunder.
  (c) 'Agricultural grading' means grading related to a farming
practice as defined in ORS 30.930.
  (d) 'Equine facility' means a building located on a farm and
used by the farm owner or the public for:
  (A) Stabling or training equines; or
  (B) Riding lessons and training clinics.
  (e) 'Equine facility' does not mean:
  (A) A dwelling;
  (B) A structure in which more than 10 persons are present at
any one time;
  (C) A structure regulated by the State Fire Marshal pursuant to
ORS chapter 476; or
  (D) A structure subject to sections 4001 to 4127, title 42,
United States Code (the National Flood Insurance Act of 1968) as
amended, and regulations promulgated thereunder.
  (3) Notwithstanding the provisions of subsection (1) of this
section, incorporated cities may regulate agricultural buildings
and equine facilities within their boundaries pursuant to this
chapter.
                         ----------

Passed by House February 28, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate April 30, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2441 (HB 2441-A)                       Page 2

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2441 (HB 2441-A)                       Page 3