Title 215 · ORS Chapter 215

(10)(c)(B) and (10)(f)(E);

Citation: ORS 195.300

Section: 195.300

195.300 (10)(c)(B) and (10)(f)(E);

����� (B) Predominantly composed of Class I, II or III soils; or

����� (C) Viable for reasonably obtaining a profit through a farm use;

����� (c) Rezoning will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use;

����� (d) If the water source for the rezoned lands is a well, the lands are not within a critical ground water area as designated under ORS 537.730 to 537.740 or within an area where ground water withdrawals have been restricted by the Water Resources Commission;

����� (e) The property owner agrees as a condition of approval of the rezoning to sign and record in the county deed records an irrevocable deed restriction in the form prescribed by the county acknowledging the protected rights of farm, forest and rangeland practices in the area and prohibiting the owner and the owner�s successors in interest from pursuing a cause of action or claim of relief alleging an injury from any farming, forest or rangeland practices if no claim or action is allowed under ORS 30.936 or 30.937 or otherwise protected by law as a farming, forest or rangeland practice;

����� (f) The rezoning and division, if necessary, comply with all substantive rezoning and land division criteria and standards adopted by the county;

����� (g) The approval would not result in a cumulative total of more than 200 acres rezoned by the county under this section;

����� (h) The rezoning has received a public hearing and a written opinion from a review board established under section 3, chapter 671, Oregon Laws 2021;

����� (i) In the prior 10 years, the rezoned lands have not been assessed for property tax purposes as:

����� (A) Open space land under ORS 308A.300 to 308A.330;

����� (B) Riparian habitat under ORS 308A.350 to 308A.383;

����� (C) Wildlife habitat under ORS 308A.403 to 308A.430; or

����� (D) A conservation easement under ORS 308A.450 to 308A.465;

����� (j) The rezoned lands are within a rural fire protection district established under ORS 478.010 to 478.100 and subject to ORS 478.115, 478.120, 478.130, 478.140, 478.150,