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Chapter 660 land Conservation and Development Department
<br />farm, such as the feeding, milking or pasturing of the dairy animals
<br />or other farm use activities necessary to the operation of the commer-
<br />cial dairy farm; and
<br />(e) The building permits, if required, have been issued for and
<br />construction has begun for the buildings and animal waste facilities
<br />required for a commercial -dairy farm; and
<br />(f) The Oregon Department of Agriculture has approved the fol-
<br />]owing:
<br />(A) A permit for a "confined animal feeding operation" under
<br />ORS 468B.050 and 46813.200 to 468E 230; and
<br />(B) A Producer License for the sale of dairy products under ORS
<br />621.072.
<br />(I1) As used in this division, the following definitions apply:
<br />(a) "Commercial dairy farm" is a dairy operation that owns a suf-
<br />ficient number of producing dairy animals capable of earning the gross
<br />annual income required by OAR 660 - 033- 0135(5)(a) or (7)(a),
<br />whichever is applicable, from the sale of fluid milk; and
<br />(b) "Farm or ranch operation" means all lots or, parcels of land
<br />in the same ownership that are used by the farm or ranch operator for
<br />farm use as defined in ORS 215.203.
<br />(12) A dwelling may be considered customarily provided in con-
<br />junction with farm use if:
<br />(a) Within the previous two years, the applicant owned and oper-
<br />ated a farm or ranch operation that earned the gross farm income in
<br />the last five years or four of the last seven years as required by OAR
<br />660 -033 - 0135(5) or (7) of this rule, whichever is applicable;
<br />(b) The subject lot or parcel on which the dwelling will be located
<br />is:
<br />(A) Currently employed for the farm use, as defined in ORS
<br />215.203, that produced in the last two years or three of the last five
<br />years the gross farm income required by OAR 660 -033- 0135(5) or (7)
<br />of this rule; whichever is .applicable; and
<br />(B) At least the size of the applicable minimum lot size under
<br />OAR 215.780;,and
<br />(C) Except as permitted in ORS 215.213(1)(r) and 215.283(1)(p)
<br />(1999 Edition), there is no other dwelling on the subject tract; and
<br />(D) The dwelling will be occupied by a person or persons who
<br />produced the commodities which grossed the income in subsection (a)
<br />of this section;
<br />(c) In determining the gross income required by subsections (a)
<br />and (b)(A) of this section:
<br />(A) The cost of purchased livestock shall be deducted from the
<br />total gross income attributed to the tract: and
<br />(B) Only gross income from land owned, not leased or rented,
<br />shall be counted.
<br />JED. NOTE: Exhibits MiLrenced are available from the agency.)
<br />Stat. Auth.: ORS 183, 197.040, 197.230 & 197.245
<br />Scats. Implememed: ORS 197.015, 197.040. 197.230, 197.245, 215.203. 21
<br />215.283,2t5.700- 215.710&215.780
<br />HiSL: LCDC 3- 1994,1. & cen. ef. 3- 1- 94:1,CDD 2 -1998, f. & cen. ef. 6 -1 -98; LCDD
<br />1 -2002, f, & cen. ef'. 5- 22.02: LCDD 1- 2004,1. & cen. ef. 4-30.04
<br />(4) Additional one year extensions may be authorized where
<br />applicable criteria for the decision have not changed.
<br />(5)(a) If.a permit is approved for a proposed residential develop-
<br />ment on agricultural or forest land outside of an urban growth bound-
<br />ary, the permit shall be valid for four years.
<br />(b) An extension of a permit described in subsection (5)(a) of this
<br />rule shall be valid for two years.
<br />(6) For the purposes of subsection (5) of this rule, "residential
<br />development" only includes the dwellings provided for under ORS
<br />215.213 (1)(t), (3) and (4), 215.283(1)(s), 215.284, 215.705(1) to (3),
<br />215.720, 215.740, 215.750 and 215.755(1) and (3).
<br />Stet. Auth.: ORS 183, 197 & 215
<br />Stats. Implemented: ORS 197.015, 197.040, 197.230 & 197.245
<br />HiSL: LCDC 6- 1992,1'. 12- 10-92, cea ef. 8 -7 -93; LCDD 1 -2002, f. &'cen. ef. 5 -22-
<br />02
<br />660- 033 -0145
<br />Agriculture/Forest Zones
<br />(1) Agriculture /forest zones may be established and uses allowed
<br />pursuant to OAR 660 - 006.0050;
<br />(2). Land divisions in agriculture /forest zones may be allowed as
<br />provided for under OAR 660 - 006 -0055; and
<br />(3) Land may be replanned or rezoned to an agriculture /forest
<br />zone pursuant to OAR 666 - 006 -0057.
<br />Scat. Auth.: ORS 183, 197.040, 197.230 & 197.245
<br />Stars. Implemented: ORS 197.040, 197.213, 197. 15, 197.230, 197.245, 197.283,
<br />197.700, 197.705, 197.720, 197.740, 197.750 & 197.780
<br />HiSL.: LCDD 2-1999J. & cen ef. 6-1 -98
<br />660- 033 -0150
<br />Notice of Decisions in Agriculture Zones
<br />(1) Counties shall notify the department of all applications for
<br />dwellings and land divisions in exclusive farm use zones. Such notice
<br />shall be in accordance with the county's. acknowledged comprehensive
<br />plan and land use regulations, and shall be mailed to the department's
<br />Salem office at least ten calendar days before any.hearing or decision
<br />on such application.
<br />(2) Notice of proposed actions described in section (1) of this rule
<br />shall be provided as required by procedures for notice contained in
<br />ORS 197.763 and 215.402 to 215.438.
<br />(3) The provisions of sections (1) and (2) of this rule are repealed
<br />on September 6, 1995.
<br />StaL Auth.: ORS 183, 197.040, 197.230 & 197.245
<br />Scats. Implemented: ORS 197.015, 197.040, 197.230 & 197.245
<br />HiSL: LCDC 6- 1992,1. 12- 10.92, curt. ef. 8 -93; LCDC 3- t994.1. & curt. e.f 3 -1.94
<br />660 -033 -0160
<br />Effective Date
<br />The provisions of this division shall become. effective upon filing.
<br />Star. Auth.: ORS 183, 197.040, 197.2 -90 & 197.245
<br />Scats. implemented: ORS 215
<br />HiSL: LCDC 6-1992,1. 12- 10.92, cent. ef. 8 -7 -93; LCDC 3 -1994, f. & curt. el. 3 -1 -44:
<br />LCDC 5 -4996, 12 -23 -96
<br />660 - 033 -0140
<br />Permit Expiration Dates
<br />(1) Except as provided for in subsection (5) of this rule, a discre-
<br />tionary decision, except for a land division, made after the effective
<br />date of this division approving a proposed development on agricultural
<br />or forest land outside an urban growth boundary under ORS 215.010
<br />to 215.293• and 215.317 to 215.438 or under county legislation or reg-
<br />ulation adopted pursuant thereto is void two years from the date of the
<br />final decision if the development action is not initiated in that period.
<br />(2) A county ma grant one extension period of up to 12 months
<br />(a) An applicant makes a written request for an extension of the
<br />development approval period;
<br />(b) The request is submitted to the county prior to the expiration
<br />of the approval penod: 4.
<br />(c) The applicant states reasons that prevented the applicant from
<br />beginning or continuing development within the approval period:.and
<br />(d) The county .determines that the.apphcarh was unable to begin
<br />or continue development dunng the approval period for reasons for
<br />which the applicant was not responsible.
<br />(3) Approval of an extension granted under this rule is an admin-
<br />lstrat vt decision, is not a land use decision as descnbed In ORS
<br />197.015 and is not subiect to appeal as a land use decision.
<br />DIVISION 34
<br />STATE AND LOCAL PARK PLANNING
<br />660 -034 -0000
<br />Purpose
<br />(1) The purpose of this division is to establish policies and pro-
<br />cedures for the planning and zoning of state and local parks in order
<br />to address the recreational needs of the citizens of the state. This divi-
<br />sion is intended to interpret and carry out requirements of Statewide
<br />Planning Goal 8 and ORS 195.120 through 195.125.
<br />(2) In general. this division directs local government planning and
<br />zoning activities regarding state and local park master plans. OAR
<br />chanter 736, division 018, directs the Oregon Parks and Recreation
<br />Department (OPRDi with respect to state park master planning, and
<br />does not apply to local governments except where specified by this
<br />division.
<br />Star. Huth.: ORS 18 & 197
<br />Stan. implemented: ORS 197.040.19 - 197.245 & 195.120 - 195.1"
<br />Hist.: LCDD 3 -1998. 1. & curt. ef. 7- 15 -98: LCDD 3- 2004. ,. & curt. ef, 5-7-04
<br />660:034 -0010
<br />Definitions
<br />As used in thus division. unless the context reduires otherwise:
<br />1. )revon Arlllnntstrarive Ruies Coninllanon
<br />20(j EC1111ol
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