ODA Gives Overview of Oregon's Unique Land Use Program

Yesterday, the Oregon Department of Agriculture held a Joint Farm and Forest Land Use Information that covered several key aspects of Oregon's land use program and farmland protection efforts. The information session provided a general overview of Oregon’s unique land-use program and highlighted the importance of Oregon agriculture to the state’s and nation’s economies.

Oregon – An Agricultural Powerhouse.

Oregon’s agricultural sector drives both the state and national economy, with Oregon exporting 80% of its agricultural products. The presentation highlighted the diversity of Oregon agriculture, noting the industry focuses on specialty crops rather than federal commodity crops. However, Oregon didn’t become a leader in agriculture by accident, and much of the state’s success is due to Oregon’s strong protection of agricultural land in the face of ongoing loss of farmland.

Suburban Expansion and The Beginnings of Oregon’s Unique Land Use Policies

Since World War II, Oregon has experienced a loss of farmland associated with suburban expansion. Senate Bill 100 (SB 100) was enacted to address this issue and established the Land Conservation and Development Commission (LCDC). The law noted the economic, aesthetic, recreational, and cultural importance and value of farmland, which remain central to Oregon’s program today.  

Oregon’s Land Use Program and the Process for Conserving Resource Lands

While zoning is largely a municipal affair, the state provides special oversight through state policy goals in Oregon. The LCDC is responsible for setting the state policy goals for land use, which are legally binding and direct local governments in their planning and decision-making. The Statewide Land Use Planning Program and its implementing policy goals emphasize three main ideas: protect farmlands, plan for urban growth within boundaries to preserve resources and provide efficient services, and provide state oversight of local plans.

Implications of Zoning for Communities and Landowners

The Statewide Land Use Planning Program’s goal of conserving farmland supports Oregon agriculture and sets the state apart. The Oregon Farmland Protection Program, established under ORS 215.243, aims to conserve agricultural land as a vital economic asset by preserving large, cohesive areas of farmland. This preservation supports the agricultural economy and prevents conflicts with urban development. The program involves exclusive farmland zoning, which limits non-agricultural uses and provides compensatory benefits to landowners.

Land is zoned as farmland based on soil capability, historic use, land use patterns, and suitability. To qualify as "farm use," the land must be actively used for profit through raising and selling agricultural products. Specific non-farm uses may be allowed on farm-zoned land if they meet compatibility criteria, such as farm impact tests, with agritourism and power generation projects, like solar energy, being commonly approved in recent years.

Navigating Oregon land use law and how landowner rights may be affected by zoning classifications can be complex. As EARTH Law LLC is expanding our practice into land use law, we are here to help navigate these issues and provide guidance. For any additional questions or information regarding the ODA information session or on land use issues, please contact us for a consultation today by calling 541-632-3946 or emailing info@earthlawllc.com.