455.010, may not issue a building permit for the construction of a dwelling on a lot or parcel in an exclusive farm use zone without evidence that the owner of the lot or parcel upon which the dwellin

455.010, may not issue a building permit for the construction of a dwelling on a lot or parcel in an exclusive farm use zone without evidence that the owner of the lot or parcel upon which the dwelling is proposed to be constructed has paid the additional tax, if any, imposed by the county assessor under subsection (7)(c) of this section. [1981 c.748 �46; 1983 c.462 �14; 1983 c.570 �6; 1983 c.826 �23; 1985 c.717 �6; 1985 c.811 �6; 1987 c.305 �5; 1987 c.414 �147; 1991 c.459 �346; 1993 c.792 �27; 1993 c.801 �36a; 1999 c.314 �58; 2001 c.704 �7; 2003 c.454 �85; 2003 c.539 �19; 2003 c.621 �68; 2007 c.809 �13; 2025 c.38 �31]

����� 215.237 Events or activities conducted by winery in exclusive farm use zone or mixed farm and forest zone. If a winery sited on land zoned for exclusive farm use or mixed farm and forest use under ORS 215.452 conducts agri-tourism or other commercial events authorized in ORS 215.452 (5), the winery may not conduct agri-tourism or other commercial events or activities authorized by ORS 215.213 (11) or 215.283 (4). [2011 c.567 �3; 2013 c.554 �4]

����� Note: 215.237 to 215.239 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 215 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 215.238 Attorney fees in action for nuisance or trespass relating to agri-tourism event or activity. Notwithstanding ORS 30.938, in an action or claim for relief alleging nuisance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party is not entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal if:

����� (1) The party owns, operates or attends an agri-tourism or other commercial event or activity authorized under ORS 215.213 (11) or 215.283 (4); and

����� (2) The action or claim arises from the event or activity. [2011 c.567 �4]

����� Note: See note under 215.237.

����� 215.239 Siting of agri-tourism event or activity. The uses authorized by ORS 215.213 (11) or 215.283 (4) may be allowed on lands that are planned and zoned for exclusive farm use and designated as rural reserves under ORS 197A.235 or as urban reserves under ORS 197A.245. [2011 c.567 �5]

����� Note: See note under 215.237.

����� 215.240 [Repealed by 1963 c.619 �16]

����� 215.243 Agricultural land use policy. The Legislative Assembly finds and declares that:

����� (1) Open land used for agricultural use is an efficient means of conserving natural resources that constitute an important physical, social, aesthetic and economic asset to all of the people of this state, whether living in rural, urban or metropolitan areas of the state.

����� (2) The preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state�s economic resources and the preservation of such land in large blocks is necessary in maintaining the agricultural economy of the state and for the assurance of adequate, healthful and nutritious food for the people of this state and nation.

����� (3) Expansion of urban development into rural areas is a matter of public concern because of the unnecessary increases in costs of community services, conflicts between farm and urban activities and the loss of open space and natural beauty around urban centers occurring as the result of such expansion.

����� (4) Exclusive farm use zoning as provided by law, substantially limits alternatives to the use of rural land and, with the importance of rural lands to the public, justifies incentives and privileges offered to encourage owners of rural lands to hold such lands in exclusive farm use zones. [1973 c.503 �1]

����� 215.246 Approval of land application of certain substances; subsequent use of tract of land; consideration of alternatives. (1) The uses allowed under ORS 215.213 (1)(y) and 215.283 (1)(v):

����� (a) Require a determination by the Department of Environmental Quality, in conjunction with the department�s review of a license, permit or approval, that the application rates and site management practices for the land application of reclaimed water, agricultural or industrial process water or biosolids ensure continued agricultural, horticultural or silvicultural production and do not reduce the productivity of the tract.

����� (b) Are not subject to other provisions of ORS 215.213 or 215.283 or to the provisions of ORS 215.274, 215.275 or 215.296.

����� (2) The use of a tract of land on which the land application of reclaimed water, agricultural or industrial process water or biosolids has occurred under this section may not be changed to allow a different use unless:

����� (a) The tract is included within an acknowledged urban growth boundary;

����� (b) The tract is rezoned to a zone other than an exclusive farm use zone;

����� (c) The different use of the tract is a farm use as defined in ORS 215.203; or

����� (d) The different use of the tract is a use allowed under:

����� (A) ORS 215.213 (1)(b), (d) to (f), (i) to (n), (p) to (r), (u), (w) or (x);

����� (B) ORS 215.213 (2)(a) to (c), (i), (m) or (p) to (r);

����� (C) ORS 215.213 (11);

����� (D) ORS 215.283 (1)(b), (d), (e), (h) to (L), (n) to (p), (r), (t) or (u);

����� (E) ORS 215.283 (2)(a), (j), (L) or (p) to (s); or

����� (F) ORS 215.283 (4).

����� (3) When a state agency or a local government makes a land use decision relating to the land application of reclaimed water, agricultural or industrial process water or biosolids under a license, permit or approval by the Department of Environmental Quality, the applicant shall explain in writing how alternatives identified in public comments on the land use decision were considered and, if the alternatives are not used, explain in writing the reasons for not using the alternatives. The applicant must consider only those alternatives that are identified with sufficient specificity to afford the applicant an adequate opportunity to consider the alternatives. A land use decision relating to the land application of reclaimed water, agricultural or industrial process water or biosolids may not be reversed or remanded under this subsection unless the applicant failed to consider identified alternatives or to explain in writing the reasons for not using the alternatives.

����� (4) The uses allowed under this section include:

����� (a) The treatment of reclaimed water, agricultural or industrial process water or biosolids that occurs as a result of the land application;

����� (b) The establishment and use of facilities, including buildings, equipment, aerated and nonaerated water impoundments, pumps and other irrigation equipment, that are accessory to and reasonably necessary for the land application to occur on the subject tract;

����� (c) The establishment and use of facilities, including buildings and equipment, that are not on the tract on which the land application occurs for the transport of reclaimed water, agricultural or industrial process water or biosolids to the tract on which the land application occurs if the facilities are located within:

����� (A) A public right of way; or

����� (B) Other land if the landowner provides written consent and the owner of the facility complies with ORS 215.275 (4); and

����� (d) The transport by vehicle of reclaimed water or agricultural or industrial process water to a tract on which the water will be applied to land.

����� (5) Uses not allowed under this section include:

����� (a) The establishment and use of facilities, including buildings or equipment, for the treatment of reclaimed water, agricultural or industrial process water or biosolids other than those treatment facilities related to the treatment that occurs as a result of the land application; or

����� (b) The establishment and use of utility facility service lines allowed under ORS