State Land Use Regulations

The Department of Land Conservation and Development (DLDC) is responsible for implementing state regulations for land use in Oregon. They do this by “Rulemaking” which is the code used to specify allowed uses on farm and forest lands. In 2023–2025, DLDC initiated a five-year workplan to review and update these regulations. We post the results for the 2024 Rulemaking and the plan for 2025 Farmstand Rulemaking.

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.

  • Farm Impacts Test: Describes the steps to provide a sufficient analysis under the Farm Impacts Test (ORS 215.296).

  • 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).

  • 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.  

  • Private Parks: Describes the characteristics of a “private park” allowable in exclusive farm use (EFU) zones. 

  

Other Items

  • 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.

  • 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.

  • 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.

 

2025 Farmstand Rulemaking

Background

Land in exclusive farm use zones is mainly for farming, with only certain other uses allowed by law. One permitted use is a farm stand that sells locally grown crops or livestock. The stand can also sell some related retail items and host events to promote its products. However, income from events and retail sales cannot exceed 25% of the farm stand's total earnings. Every county in Oregon must allow farm stands under these rules and cannot impose stricter limits.

The existing statutes for farm stands are ORS 215.213(1)(r)/215.283(1)(o): “…the following uses may be established in any area zoned for exclusive farm use: …Farm stands if:  (A) The structures are designed and used for the sale of farm crops or livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and (B) The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops or livestock and does not include structures for banquets, public gatherings or public entertainment."

The Phase 1 Farm Stand Rulemaking will explore five topics identified by the 2025 legislative agri-tourism work group:

  • Primary Use Test

  • Promotional Activities Outside and Inside Farm Stand Structures

  • Activities that Promote Sale of Farm Products, the Farm Operation Itself, or Agriculture

  • Prepared Foods with a Direct Tie to the Farm Operation or the Local Agricultural Area

  • Impacts on Neighboring Farms

While the Land Conservation and Development Commission (LCDC) has the authority to interpret and clarify the statutory provisions copied above in order to help answer some of these questions, it cannot revise the standards established by the legislature.  A rulemaking on this topic will consider needed clarifications to the farm stand statutes.   

Following adoption of the Phase 1 Farm Stand Rulemaking, the agency will produce a recommended workplan for rulemaking phases addressing agri-tourism and other commercial events, the use of soils reports, replacement dwellings and non-farm dwellings.