Oregon's zoning-based farm and forest land conservation programs have been in place for over 50 years. Since the start of the program, the Oregon Legislature, the Land Conservation and Development Commission, and the state's courts have passed laws, adopted administrative rules, and made decisions that have changed the programs. The farm and forest conservation programs are meant to change over time as the issues around farm and forest conservation change.
Over the past 10 years, interested parties, the courts and DLCD Staff have identified a number of issues needing review. DLCD sees the Farm and Forest Modernization Program as a multi-year effort to address implementation of the farm and forest conservation program.
The Farm and Forest Modernization Program was initiated in July 2023 to identify areas of needed improvement, consider potential solutions and evaluate and implement those solutions in a thoughtful and organized way.
The Land Conservation and Development Commission was briefed on the need for the program during their July 2023 commission meeting. The briefing is available to watch in our July 2023 commission meeting recording.
Program Work Plan
The Farm and Forest Modernization Program Work Plan is a living document outlining work to be conducted by the department to address needed program improvements identified in the 2023 Technical Working Group Scoping Report and considering public comment and input from department specialists
These issues include:
- Technical updates to administrative rules.
- Codification of a variety of common law standards developed by the courts.
- Clarification of standards and interpretations for certain controversial uses.
- Clarification of select subjective definitions.
- Revisions to DLCD's soils program.
- Methodologies for evaluating the effectiveness and impact of the program in different areas of the state.
The current version of the Work Plan assumes continuation of the current level of staff availability and funding. Rulemaking items identified for 2026 and 2028 may vary depending on department budget. The department may propose adapting the work plan in the future to respond to emerging issues, new resources and the results of early work products produced by staff and technical working groups.
The Land Conservation and Development Commission was briefed on the Work Plan during their April 2024 commission meeting. The briefing is available to watch in our April 2024 commission meeting recording.
The Farm and Forest Modernization Program Work Plan is available to review here.
Simplified Work Plan Timeline
2024 Farm & Forest Modernization Program Rulemaking
The 2024 Farm and Forest Modernization Program Rulemaking was the first item addressed from the Farm and Forest Modernization Program Work Plan. This rulemaking focused on a narrow set of technical items intended to improve the clarity and consistency of farm and forest program implementation across the state and reduce the number of unnecessary local appeals. LCDC directed staff to propose rule changes that:
- Codify identified common law standards
- Result in more consistent implementation of standards
- Provide clarity to counties and potential land use permit applicants
Adopted Rules
Based on public comment received and rulemaking advisory committee conversations, DLCD staff proposed rule amendments to meet the commission's goals. On December 6, 2024, LCDC adopted rules that include the following items:
Codification of Common Law
These rules add standards established by the courts into rule, making them easier for counties to find.
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Farm Impacts Test: Describes the steps to provide a sufficient analysis under the Farm Impacts Test (ORS 215.296).
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Agri-tourism Events Standards: Clarifies the requirements to address the existing “incidental and subordinate” and “necessary to support” standards that are applied to certain reviews for agri-tourism events permitted under ORS 215.213(11) or 215.283(4).
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Transportation Facilities on Rural Lands: Clarifies which transportation uses listed in OAR 660-012-0065 are subject to the farm impacts test or the forest impacts test.
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Private Parks: Describes the characteristics of a “private park” allowable in exclusive farm use (EFU) zones.
Other items
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Preparation of Farm Products: Repairs the circular definition of “preparation of farm products”. The rule continues to allow farmers to prepare products produced at other farms in addition to their own products as a “farm use” allowed outright in EFU zones.
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Documentation standard for income: Establishes the IRS tax return receipt as the minimum documentation to be used by counties, on new applications, for verifying income under the existing farm dwelling and farm stand income standards.
This rule does not modify the income standards themselves, and it does not create a new enforcement obligation for counties.
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Home Occupation: Clarifies that a Home Occupation business must be accessory to a residential use on the property, and it may not be more intensive in scope or scale than would otherwise be allowed by the legislature.
Recordings of the rulemaking hearings may be viewed on the
DLCD YouTube.
For more information on the charge to the RAC, read the commission approved
rulemaking charge.
Scoping Phase
Throughout the fall of 2023, Staff worked with a technical working group to develop a Scoping Summary Report. The Scoping Summary Report documents concerns with technical aspects of the farm and forest conservation program, as well as possible ways to address the issues.
Link to the Technical Working Group Summary Report
The Technical Working Group Summary Report describes the process and results of the scoping phase of the process. The report documents the variety of issues discussed by the technical working group along with background information on each topic intended to provide the reader with additional context for the issues. Each section concludes with a table of a variety of recommendations provided by technical working group members specific to that topic. All actions suggested by members are presented in the report. A complete list of the issues identified, and the accompanying recommendations are also included as an attachment to the report.
The Land Conservation and Development Commission was briefed on the Report during the January 26, 2024 commission meeting. The briefing is available to watch in our
January 2024 commission meeting recording.
Technical Working Group Meetings
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