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Memo on Ridgline Park and Land Use Compliance <br /> July 10, 2001 <br /> Page 2 of 7 <br /> zoned for Exclusive Farm Use or in areas planned for Forest and zoned F -1 or F -2. Lane County <br /> zoning applies. So, too, do state statutes and rules that apply directly to EFU and Forest Lands. <br /> Standards for parks that apply on EFU land: <br /> (1) Statutes: <br /> A park use is a non -farm use. Statutes govern non -farm uses that are allowable on EFU land. <br /> Statutes apply directly to land use decisions, even after acknowledgment of plans. See Forster v. <br /> Polk County, 115 Or App 475, 478, 839 P.2d 241 (1992). In Lane County, a "marginal lands" <br /> county, it is ORS 215.213 that governs the non -farm uses that are allowed on EFU lands. The <br /> uses stated in ORS 215.213(1) are allowed as of right. Brentmar v. Jackson County, 321 Or 481, <br /> 900 P2d 1030 (1995). The uses stated in ORS 215.213(2) are allowed subject to discretionary <br /> review by the county. "Parks" appear in this list under ORS 215.213(2)(e). <br /> (2) LCDC Rules: <br /> The LCDC has adopted rules that elaborate on the nonfarm uses that are allowable by statute <br /> on EFU land. The LCDC has broad rulemaking authority to do this. See Lane County v. LCDC, <br /> 325 Or 569, 583, 942 P2d 278 (1997)(LCDC did not exceed the scope of its authority when it <br /> promulgated regulations imposing additional restrictions on lands classified as high value <br /> farmland, even if those regulations have the effect of prohibiting uses otherwise permissible <br /> under the applicable statute.) <br /> OAR chapter 660 division 33 implements Goal 3, Agricultural Lands. OAR 660 - 033 -0120 sets <br /> out uses authorized on Agricultural lands. Those uses are divided into two categories depending <br /> on soil types: High Value Farmland and All Other Farmland. <br /> Private Parks: Private parks are not permitted on high value farmland but are permitted, <br /> with review, on all other farmland subject to the conditions of approval listed in OAR 660-033 - <br /> 0130(5). <br /> Public Parks: Parks owned by a governmental agency or a nonprofit community <br /> organization and operated primarily by and for residents of the local rural community are <br /> permitted, with review, on both high value farmland and all other farmland subject to the <br /> following conditions: the park, "will not force a significant change in accepted farm or forest <br /> practices on surrounding lands devoted to farm or forest use, and will not significantly increase <br /> the cost of accepted farm or forest practices on lands devoted to farm or forest use." OAR 660- <br /> 033- 130(5). <br /> Public parks are also required by OAR 660 -033- 130(31) to be limited to the uses <br /> specified under OAR 660 - 034 -0035. This rule was adopted in 1998 to implement a parks <br /> planning statute, adopted by Oregon Laws 1997, Chapter 604, which is codified at ORS 195.120 <br /> - 1 <br />