Bill Text: OR HB3125 | 2013 | Regular Session | Enrolled
Bill Title: Relating to minimum size of unit of land.
Spectrum: Committee Bill
Status: (Passed) 2013-05-13 - Chapter 88, (2013 Laws): Effective date January 1, 2014. [HB3125 Detail]
Download: Oregon-2013-HB3125-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3125
Sponsored by COMMITTEE ON LAND USE
CHAPTER ................
AN ACT
Relating to minimum size of unit of land; amending ORS 215.780.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 215.780 is amended to read:
215.780. (1) Except as provided in subsection (2) of this
section, the following minimum lot or parcel sizes apply to all
counties:
(a) For land zoned for exclusive farm use and not designated
rangeland, at least 80 acres;
(b) For land zoned for exclusive farm use and designated
rangeland, at least 160 acres; and
(c) For land designated forestland, at least 80 acres.
{ - (2) A county may adopt a lower minimum lot or parcel size
than that described in subsection (1) of this section in any of
the following circumstances: - }
{ - (a) By demonstrating to the Land Conservation and
Development Commission that it can do so while continuing to meet
the requirements of ORS 215.243 and 527.630 and the land use
planning goals adopted under ORS 197.230. - }
{ - (b) To allow the establishment of a parcel for a dwelling
on land zoned for forest use or mixed farm and forest use,
subject to the following requirements: - }
{ - (A) The parcel established shall not be larger than five
acres, except as necessary to recognize physical factors such as
roads or streams, in which case the parcel shall be no larger
than 10 acres; - }
{ - (B) The dwelling existed prior to June 1, 1995; - }
{ - (C)(i) The remaining parcel, not containing the dwelling,
meets the minimum land division standards of the zone; or - }
{ - (ii) The remaining parcel, not containing the dwelling,
is consolidated with another parcel, and together the parcels
meet the minimum land division standards of the zone; and - }
{ - (D) The remaining parcel, not containing the dwelling, is
not entitled to a dwelling unless subsequently authorized by law
or goal. - }
{ - (c) In addition to the requirements of paragraph (b) of
this subsection, if the land is zoned for mixed farm and forest
use the following requirements apply: - }
{ + (2) A county may adopt a lower minimum lot or parcel size
than that described in subsection (1) of this section in any of
the following circumstances:
(a) When the county can demonstrate to the Land Conservation
and Development Commission that the county can adopt a lower
Enrolled House Bill 3125 (HB 3125-A) Page 1
minimum lot or parcel size while continuing to meet the
requirements of ORS 215.243 and 527.630 and the land use planning
goals adopted under ORS 197.230.
(b) To divide an area of land zoned for forest use to establish
a parcel for a dwelling that has existed since before June 1,
1995, subject to the following requirements:
(A) The parcel established may not be larger than five acres,
except as necessary to recognize physical factors such as roads
or streams, in which case the parcel shall be no larger than 10
acres; and
(B) The parcel that does not contain the dwelling is not
entitled to a dwelling unless subsequently authorized by law or
goal and the parcel either:
(i) Meets the minimum land division standards of the zone; or
(ii) Is consolidated with another parcel, and together the
parcels meet the minimum land division standards of the zone.
(c) To divide an area of land zoned for mixed farm and forest
use to establish a parcel for a dwelling that has existed since
before June 1, 1995, subject to the following requirements:
(A) The parcel established may not be larger than five acres,
except as necessary to recognize physical factors such as roads
or streams, in which case the parcel shall be no larger than 10
acres;
(B) The parcel that does not contain the dwelling is not
entitled to a dwelling unless subsequently authorized by law or
goal and the parcel either:
(i) Meets the minimum land division standards of the zone; or
(ii) Is consolidated with another parcel, and together the
parcels meet the minimum land division standards of the zone; + }
{ - (A) - } { + (C) + } The minimum tract eligible under
{ + this + } paragraph
{ - (b) of this subsection - } is 40 acres { - . - }
{ + ; + }
{ - (B) - } { + (D) + } The tract shall be predominantly in
forest use and that portion in forest use qualified for special
assessment under a program under ORS chapter 321 { - . - }
{ + ; and + }
{ - (C) - } { + (E) + } The remainder of the tract
{ - shall - } { + does + } not qualify for any uses allowed
under ORS 215.213 and 215.283 that are not allowed on forestland.
(d) To allow a division of forestland to facilitate a forest
practice as defined in ORS 527.620 that results in a parcel that
does not meet the minimum area requirements of subsection (1)(c)
of this section or paragraph (a) of this subsection. Parcels
created pursuant to this subsection:
(A) { - Shall not be - } { + Are not + } eligible for
siting of a new dwelling;
(B) { - Shall - } { + May + } not serve as the
justification for the siting of a future dwelling on other lots
or parcels;
(C) { - Shall - } { + May + } not, as a result of the land
division, be used to justify redesignation or rezoning of
resource lands; { + and + }
(D) { - Shall - } { + May + } not result in a parcel of
less than 35 acres,
{ - except - } { + unless the purpose of the land division is
to + }:
(i) { - Where the purpose of the land division is to - }
Facilitate an exchange of lands involving a governmental agency;
or
Enrolled House Bill 3125 (HB 3125-A) Page 2
(ii) { - Where the purpose of the land division is to - }
Allow transactions in which at least one participant is a person
with a cumulative ownership of at least 2,000 acres of
forestland { + . + } { - ; and - }
{ - (E) If associated with the creation of a parcel where a
dwelling is involved, shall not result in a parcel less than the
minimum lot or parcel size of the zone. - }
(e) To allow a division of a lot or parcel zoned for forest use
or mixed farm and forest use under a statewide planning goal
protecting forestland if:
(A) At least two dwellings lawfully existed on the lot or
parcel prior to November 4, 1993;
(B) Each dwelling complies with the criteria for a replacement
dwelling under ORS 215.213 (1)(q) or 215.283 (1)(p);
(C) Except for one lot or parcel, each lot or parcel created
under this paragraph is between two and five acres in size;
(D) At least one dwelling is located on each lot or parcel
created under this paragraph; and
(E) The landowner of a lot or parcel created under this
paragraph provides evidence that a restriction prohibiting the
landowner and the landowner's successors in interest from further
dividing the lot or parcel has been recorded with the county
clerk of the county in which the lot or parcel is located. A
restriction imposed under this paragraph shall be irrevocable
unless a statement of release is signed by the county planning
director of the county in which the lot or parcel is located
indicating that the comprehensive plan or land use regulations
applicable to the lot or parcel have been changed so that the lot
or parcel is no longer subject to statewide planning goals
protecting forestland or unless the land division is subsequently
authorized by law or by a change in a statewide planning goal for
land zoned for forest use or mixed farm and forest use.
(f) To allow a proposed division of land in a forest zone or a
mixed farm and forest zone as provided in ORS 215.783.
(3) A county planning director shall maintain a record of lots
and parcels that do not qualify for division under the
restrictions imposed under subsections (2)(e) and (4) of this
section. The record shall be readily available to the public.
(4) A lot or parcel may not be divided under subsection (2)(e)
of this section if an existing dwelling on the lot or parcel was
approved under:
(a) A statute, an administrative rule or a land use regulation
as defined in ORS 197.015 that required removal of the dwelling
or that prohibited subsequent division of the lot or parcel; or
(b) A farm use zone provision that allowed both farm and forest
uses in a mixed farm and forest use zone under a statewide
planning goal protecting forestland.
(5) A county with a minimum lot or parcel size acknowledged by
the commission pursuant to ORS 197.251 after January 1, 1987, or
acknowledged pursuant to periodic review requirements under ORS
197.628 to 197.651 that is smaller than those prescribed in
subsection (1) of this section need not comply with subsection
(2) of this section.
(6)(a) An applicant for the creation of a parcel pursuant to
subsection (2)(b) { + and (c) + } of this section shall provide
evidence that a restriction on the remaining parcel, not
containing the dwelling, has been recorded with the county clerk
of the county where the property is located. An applicant for the
creation of a parcel pursuant to subsection (2)(d) of this
section shall provide evidence that a restriction on the newly
Enrolled House Bill 3125 (HB 3125-A) Page 3
created parcel has been recorded with the county clerk of the
county where the property is located. The restriction shall allow
no dwellings unless authorized by law or goal on land zoned for
forest use except as permitted under subsection (2) of this
section.
(b) A restriction imposed under this subsection shall be
irrevocable unless a statement of release is signed by the county
planning director of the county where the property is located
indicating that the comprehensive plan or land use regulations
applicable to the property have been changed in such a manner
that the parcel is no longer subject to statewide planning goals
pertaining to agricultural land or forestland.
(c) The county planning director shall maintain a record of
parcels that do not qualify for the siting of a new dwelling
under restrictions imposed by this subsection. The record shall
be readily available to the public.
(7) A landowner allowed a land division under subsection (2) of
this section shall sign a statement that shall be recorded with
the county clerk of the county in which the property is located,
declaring that the landowner and the landowner's successors in
interest will not in the future complain about accepted farming
or forest practices on nearby lands devoted to farm or forest
use.
----------
Passed by House April 9, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 2, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3125 (HB 3125-A) Page 4
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 3125 (HB 3125-A) Page 5
