Crook County Unincorporated
City Zoning Code

The manufactured dwelling shall use the same subsurface sewage disposal system used by the existing dwelling, if that disposal system is adequate to accommodate the additional dwelling. If the manufactured home will use a public sanitary sewer system, such condition will not be required;

The county shall review the permit authorizing such manufactured homes every two years; and

Within three months of the end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demolished, or, in the case of an existing building, the building shall be removed, demolished or returned to an allowed nonresidential use.

Adequate off-street parking will be provided pursuant to provisions of Chapter 18.128 CCC.

Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips.

All vehicle maneuvering will be conducted on site. No vehicle backing or maneuvering shall occur within adjacent roads, streets or highways.

No farm stand building or parking is permitted within the right-of-way.

Approval is required from the county road department regarding adequate egress and access. All egress and access points shall be clearly marked.

Vision Clearance Areas. No visual obstruction (e.g., sign, structure, solid fence, wall, planting or shrub vegetation) may exceed three feet in height within "vision clearance areas" at street intersections.

All outdoor light fixtures shall be directed downward and have full cutoff and full shielding to preserve views of the night sky and to minimize excessive light spillover onto adjacent properties, roads and highways.

Signs are permitted consistent with CCC § 18.124.040.

A federally designated wilderness area or a wilderness study area;

A federally designated wildlife refuge;

A federally designated area of critical environmental concern; or

An area established by an Act of Congress for the protection of scenic or ecological resources.

Is at least 160 contiguous acres in EFU3 (Powell Butte Area), 320 contiguous acres in EFU2 (Prineville Valley and Lone Pine Area) and 640 contiguous acres in EFU1 (Post and Paulina Area);

Contains the dwelling of the individual conducting the livestock operation; and

Is not high-value farmland.

Include not fewer than four nor more than 10 overnight guest lodging units; and

Not exceed a total of 12,000 square feet in floor area, not counting the floor area of a lodge that is dedicated to kitchen area, restrooms, storage or other shared or common indoor space.

A campground.

A golf course.

For a guest ranch; or

To separate the guest ranch from the dwelling of the individual conducting the livestock operation.

The size of the guest ranch's livestock operation;

The income that the guest ranch obtained from:

Other information the county may require to ensure ongoing compliance with this section or any condition of approval required by the county, including but not limited to proof of payment of the county's transient room tax.

To demonstrate that a utility facility is necessary, an applicant must show that reasonable alternatives have been considered and that the facility must be sited in an exclusive farm use zone due to one or more of the following factors:

Costs associated with any of the factors listed in subsection (15)(a)(i) of this section may be considered but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities and the siting of utility facilities that are not substantially similar.

The owner of a utility facility approved under this subsection (15)(a) shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration.

The county shall impose clear and objective conditions on an application for utility facility siting to mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on surrounding farmlands.

Utility facilities necessary for public service may include on-site and off-site facilities for temporary workforce housing for workers constructing a utility facility. Such facilities must be removed or converted to an allowed use under the EFU zone or other statute or rule when project construction is complete. Off-site facilities allowed under this subsection are subject to CCC § 18.16.020, Conditional use review criteria. Temporary workforce housing facilities not included in the initial approval may be considered through a minor amendment request. A minor amendment request shall have no effect on the original approval.

In addition to the provisions of subsection (15)(a)(i) through (iv) of this section, the establishment or extension of a sewer system as defined by OAR 660-011-0060(1)(f) shall be subject to the provisions of OAR 660-011-0060.

The provisions of this subsection (15)(a) do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission.

An applicant demonstrates that the entire route of the associated transmission line meets at least one of the following requirements:

After an evaluation of reasonable alternatives, an applicant demonstrates that the entire route of the associated transmission line meets, subject to subsections (15)(b)(iii) and (iv) of this section, two or more of the following criteria:

As pertains to subsection (15)(b)(ii) of this section, the applicant shall demonstrate how the applicant will mitigate and minimize the impacts, if any, of the associated transmission line on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmland.

The county may consider costs associated with any of the factors listed in subsection (15)(b)(ii) of this section, but consideration of cost may not be the only consideration in determining whether the associated transmission line is necessary for public service.

Meets the requirements of OAR 340-096-0150;

Identifies the distance of the proposed operation to the nearest residential zone;

Includes a complaint response protocol;

Is submitted to the DEQ with the required permit application;

May be subject to annual review by the county to determine if any revisions are necessary; and

Comply with other conditions deemed necessary.

A new disposal site for composting that sells, or offers for sale, resulting product; or

An existing disposal site for composting that sells, or offers for sale, resulting product that:

Accepts as feedstock nonvegetative materials, including dead animals, meat, dairy products and mixed food waste (Type 3 feedstock); or

Increases the permitted annual tonnage of feedstock used by the disposal site by an amount that requires a new land use approval.

The area surrounding the facility is kept free from litter and debris.

Fencing will be installed around the facility, if deemed appropriate to protect adjacent farm crops or timber stands.

If the proposed facility is located in a forested area, construction materials shall be fire resistant or treated with a fire-retardant substance and the applicant will be required to remove forest fuels within a minimum of 30 feet of structures.

Campground areas: recreational vehicle sites; tent sites; camper cabins; yurts; teepees; covered wagons; group shelters; campfire program areas; camp stores;

Day use areas: picnic shelters, barbecue areas, swimming areas (not swimming pools), open play fields, play structures;

Recreational trails: walking, hiking, biking, horse, or motorized off-road vehicle trails; trail staging areas;

Boating and fishing facilities: launch ramps and landings, docks, moorage facilities, small boat storage, boating fuel stations, fish cleaning stations, boat sewage pumpout stations;

Amenities related to park use intended only for park visitors and employees: laundry facilities; recreation shops; snack shops not exceeding 1,500 square feet of floor area;

Support facilities serving only the park lands wherein the facility is located: water supply facilities, sewage collection and treatment facilities, stormwater management facilities, electrical and communication facilities, restrooms and showers, recycling and trash collection facilities, registration buildings, roads and bridges, parking areas and walkways;

Park maintenance and management facilities located within a park: maintenance shops and yards, fuel stations for park vehicles, storage for park equipment and supplies, administrative offices, staff lodging;

Natural and cultural resource interpretative, educational and informational facilities in state parks: interpretative centers, information/orientation centers, self-supporting interpretative and informational kiosks, natural history or cultural resource museums, natural history or cultural educational facilities, reconstructed historic structures for cultural resource interpretation, retail stores not exceeding 1,500 square feet for sale of books and other materials that support park resource interpretation and education; and

Visitor lodging and retreat facilities if authorized in a state park master plan that is adopted by OPRD: historic lodges, houses or inns and the following associated uses in a state park retreat area only:

Identification and description of the surrounding lands, the farm and forest operations on those lands, and the accepted farm practices on each farm operation and the accepted forest practices on each forest operation;

An assessment of the individual impacts to each farm and forest practice, and whether the proposed use is likely to have an important influence or effect on any of those practices; and

An assessment of whether all identified impacts of the proposed use when considered together could have a significant impact to any farm or forest operation in the surrounding area in a manner that is likely to have an important influence or effect on that operation.

For purposes of this subsection, examples of potential impacts for consideration may include but are not limited to traffic, water availability and delivery, introduction of weeds or pests, damage to crops or livestock, litter, trespass, reduction in crop yields, or flooding.

For purposes of subsections (1) and (2) of this section, potential impacts to farm and forest practices or the cost of farm and forest practices, impacts relating to the construction or installation of the proposed use shall be deemed part of the use itself for the purpose of conducting a review under subsections (1) and (2) of this section.

In the consideration of potentially mitigating conditions of approval under ORS 215.296(2), the governing body may not impose such a condition upon the owner of the affected farm or forest land or on such land itself, nor compel said owner to accept payment to compensate for the significant changes or significant increases in costs described in subsections (1) and (2) of this section.

One hundred sixty acres on properties zoned EFU-2 or EFU-3; or

Three hundred twenty acres on properties zoned EFU-1.

At least $40,000 in gross annual income from the sale of farm products; or

Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the county with gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon; and

The cost of purchased livestock shall be deducted from the total gross income attributed to the farm or ranch operation;

Only gross income from land owned, not leased or rented, shall be counted; and

Gross farm income earned from a lot or parcel that has been used previously to qualify another lot or parcel for the construction or siting of a primary farm dwelling may not be used.

The cost of purchased livestock shall be deducted from the total gross income attributed to the farm or ranch operation;

Only gross income from land owned, not leased or rented, shall be counted; and

Gross farm income earned from a lot or parcel that has been used previously to qualify another lot or parcel for the construction or siting of a primary farm dwelling may not be used.

The subject tract is at least as large as the median size of those commercial farm or ranch tracts capable of generating at least $10,000 in annual gross sales that are located within a study area that includes all tracts wholly or partially within one mile from the perimeter of the subject tract;

The subject tract is capable of producing at least the median level of annual gross sales of county indicator crops as the same commercial farm or ranch tracts used to calculate the tract size in subsection (4)(a)(i) of this section;

The subject tract is currently employed for a farm use, at a level capable of producing the annual gross sales required in subsection (4)(a)(i) of this section;

The subject lot or parcel on which the dwelling is proposed is not less than 20 acres;

Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract;

The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the subject tract, such as planting, harvesting, marketing or caring for livestock, at a commercial scale;

If no farm use has been established at the time of application, land use approval shall be subject to a condition that no building permit may be issued prior to the establishment of the farm use required by subsection (4)(a)(iii) of this section; and

In determining the gross sales capability required by subsection (4)(a)(iii) of this section:

All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by Chapter 215 ORS; and

The use of any gross farm income earned on the lots or parcels to qualify another lot or parcel for a primary farm dwelling.

A permit for a "confined animal feeding operation" under ORS 468B.050 and 468B.200 to 468B.230; and

A producer license for the sale of dairy products under ORS 621.072.

Currently employed for the farm use that produced in each of the last two years or three of the last five years, or in an average of three of the last five years the gross farm income required by subsection (2) or (3) of this section, whichever is applicable; and

At least the size of the applicable minimum lot size under CCC § 18.16.070;

The cost of purchased livestock shall be deducted from the total gross income attributed to the tract; and

Only gross income from land owned, not leased or rented, shall be counted.

On the same lot or parcel as the primary farm dwelling;

On the same tract as the primary farm dwelling when the lot or parcel on which the accessory farm dwelling will be sited is consolidated into a single parcel with all other contiguous lots and parcels in the tract;

On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is limited to only a manufactured dwelling with a deed restriction. The deed restriction shall be filed with the county clerk and require the manufactured dwelling to be removed when the lot or parcel is conveyed to another party. The manufactured dwelling may remain if it is reapproved under these provisions;

On any lot or parcel, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable state building code or similar types of farmworker housing as that existing on farm or ranch operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS 658.750. A county shall require all accessory farm dwellings approved under this subsection to be removed, demolished or converted to a nonresidential use when farmworker housing is no longer required. "Farmworker housing" shall have the meaning set forth in ORS 215.278 and not the meaning in ORS 315.163; or

On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size under ORS 215.780 and the lot or parcel complies with the gross farm income requirements in OAR 660-033-0135(3) or (4), whichever is applicable; and

At least $40,000 in gross annual income from the sale of farm products. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; or

Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the county with gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract;

The building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm;

The Oregon Department of Agriculture has approved a permit for a "confined animal feeding operation" under ORS 468B.050 and 468B.200 to 468B.230; and

A producer license for the sale of dairy products under ORS 621.072.

Since prior to January 1, 1985; or

By devise or by intestate succession from a person who acquired and had owned continuously the lot or parcel since prior to January 1, 1985;

The lot or parcel cannot practicably be managed for farm use, by itself or in conjunction with other land, due to extraordinary circumstances inherent in the land or its physical setting that do not apply generally to other land in the vicinity.

The dwelling will comply with the provisions of CCC § 18.16.020; and

The dwelling will not materially alter the stability of the overall land use pattern in the area by applying the standards set forth in CCC § 18.16.040(3).

Not protected as high-value farmland on a tract composed predominantly of soils that are irrigated and classified prime, unique, Class I or II; or not irrigated and classified prime, unique, Class I or II as defined in CCC § 18.08.080; and

Twenty-one acres or less in size; and

"Flag lot" means a tract containing a narrow strip or panhandle of land providing access from the public road to the rest of the tract.

"Geographic center of the flag lot" means the point of intersection of two perpendicular lines of which the first line crosses the midpoint of the longest side of a flag lot, at a 90-degree angle to the side, and the second line crosses the midpoint of the longest adjacent side of the flag lot.

Intact exterior walls and roof structure;

Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

Interior wiring for interior lights;

A heating system.

Five years before the date of the application; or

The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment; or

Five years before the date of the destruction or demolition; or

The date that the dwelling was erected upon or fixed to the land and became subject to property tax assessment.

May be sited on any part of the same lot or parcel.

Must comply with applicable siting standards. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.

Does not expire but the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and

May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant.

Less than 50,000 gallons of wine for a winery or 100,000 gallons of cider for a cider business and the owner:

At least 50,000 gallons of wine for a winery or 100,000 gallons of cider for a cider business and the owner:

Market and sell wine produced in conjunction with the winery or cider produced in conjunction with the cider business.

Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery or cider produced in conjunction with the cider business, including:

Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery or cider produced in conjunction with the cider business, the marketing and sale of which is incidental to on-site retail sale of wine for a winery or cider for a cider business, including food and beverages:

Carry out agri-tourism or other commercial events on the tract occupied by the winery or cider business subject to subsection (1)(e) of this section.

Host charitable activities for which the winery or cider business does not charge a facility rental fee.

Site a home occupation on the same tract, and in association with, the winery or cider business subject to CCC § 18.160.050(7)(a)(xi) or (7)(b)(x).

If a winery conducts agri-tourism or other commercial events authorized under this section, the winery may not conduct agri-tourism or other commercial events or activities authorized by CCC § 18.16.055(1) to (4).

Agri-tourism and other commercial events or activities are subject to the requirements of CCC § 18.16.055(8).

Establish a setback of at least 100 feet from all property lines for the winery or cider business and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and

Provide direct road access and internal circulation.

The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a vineyard;

The winery owns at least 80 additional acres of planted vineyards in Oregon that need not be contiguous to the acreage described in subsection (2)(a)(i) of this section; and

The winery has produced annually, at the same or a different location, at least 150,000 gallons of wine in at least three of the five calendar years before the winery is established under this subsection.

Market and sell wine produced in conjunction with the winery;

Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to retail sale of wine on site, including food and beverages:

Provide services, including agri-tourism or other commercial events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that:

The gross income of the winery from the sale of incidental items pursuant to subsection (2)(b)(iii) of this section and services provided pursuant to subsection (2)(b)(iv) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery.

At the request of a local government with land use jurisdiction over the site of a winery, the winery shall submit to the local government a written statement, prepared by a certified public accountant, that certifies compliance with subsection (2)(c)(i) of this section for the previous tax year.

A winery shall obtain a permit if the winery operates a restaurant that is open to the public for more than 25 days in a calendar year or provides for agri-tourism or other commercial events authorized under subsection (2)(b)(iv) of this section occurring on more than 25 days in a calendar year.

In addition to any other requirements, a local government may approve a permit application under this subsection if the local government finds that the authorized activity:

If the local government issues a permit under this subsection for agri-tourism or other commercial events, the local government shall review the permit at least once every five years and, if appropriate, may renew the permit.

Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places; and

Direct road access and internal circulation.

Produces less than 150,000 barrels of malt beverages annually, inclusive of malt beverages produced by the farm brewery's owners or operators at the farm brewery or elsewhere, through any entity owned or affiliated with the farm brewery;

Produces less than 15,000 barrels of malt beverages annually on the farm brewery site; and

Malt beverage tastings in a tasting room or other location on the premises occupied by the farm brewery;

Malt beverage club activities;

Brewer luncheons and dinners;

Farm brewery and hop farm tours;

Meetings or business activities with farm brewery suppliers, distributors, wholesale customers and malt beverage industry members;

Farm brewery staff activities;

Open house promotions of malt beverages produced in conjunction with the farm brewery; and

Similar activities conducted for the primary purpose of promoting malt beverages produced in conjunction with the farm brewery.

Required to be made available in conjunction with the consumption of malt beverages on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

Served in conjunction with an activity authorized by subsection (3)(b), (3)(d) or (3)(e) of this section.

The number of event attendees;

The hours of event operation;

Access and parking;

Traffic management;

Noise management; and

Sanitation and solid waste.

Except as provided in subsection (12)(b) of this section, establish a setback of at least 100 feet from all property lines for the farm brewery and all public gathering places; and

Require farm breweries to provide direct road access and internal circulation for the farm brewery and all public gathering places.

Planned hours of operation;

Access, egress and parking;

A traffic management plan that identifies the projected number of vehicles and any anticipated use of public roads; and

Sanitation and solid waste.

The types of agri-tourism or other commercial events or activities that are authorized during each calendar year, including the number and duration of the agri-tourism or other commercial events and activities, the anticipated daily attendance and the hours of operation;

The location of existing structures and the location of proposed temporary structures to be used in connection with the agri-tourism or other commercial events or activities;

The location of access and egress and parking facilities to be used in connection with the agri-tourism or other commercial events or activities;

Traffic management, including the projected number of vehicles and any anticipated use of public roads; and

Sanitation and solid waste.

Twelve acres on high-value farmland unless an exception is taken pursuant to ORS 197.732 and Chapter 660 OAR, Division 4; or

Twenty acres on land other than high-value farmland unless an exception is taken pursuant to ORS 197.732 and Chapter 660 OAR, Division 4.

Temporary workforce housing described in subsection (1)(b) of this section must be removed or converted to an allowed use under OAR 660-033-0130(19) or other statute or rule when project construction is complete.

Temporary workforce housing facilities not included in the initial approval may be considered through a minor amendment request filed after a decision to approve a power generation facility. A minor amendment request shall be subject to OAR 660-033-0130(5) and shall have no effect on the original approval.

Reasonable alternatives have been considered to show that siting the wind power generation facility or component thereof on high-value farmland soils is necessary for the facility or component to function properly or if a road system or turbine string must be placed on such soils to achieve a reasonably direct route considering the following factors:

The long-term environmental, economic, social and energy consequences resulting from the wind power generation facility or any components thereof at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located on other agricultural lands that do not include high-value farmland soils;

Costs associated with any of the factors listed in subsection (2)(b)(i) of this section may be considered, but costs alone may not be the only consideration in determining that siting any component of a wind power generation facility on high-value farmland soils is necessary;

The owner of a wind power generation facility approved under this subsection (2)(b) shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration; and

The criteria of subsection (2)(c) of this section are satisfied.

The proposed wind power facility will not create unnecessary negative impacts on agricultural operations conducted on the subject property. Negative impacts could include, but are not limited to, the unnecessary construction of roads, dividing a field or multiple fields in such a way that creates small or isolated pieces of property that are more difficult to farm, and placing wind farm components such as meteorological towers on lands in a manner that could disrupt common and accepted farming practices;

The presence of a proposed wind power facility will not result in unnecessary soil erosion or loss that could limit agricultural productivity on the subject property. This provision may be satisfied by the submittal and county approval of a soil and erosion control plan prepared by an adequately qualified individual, showing how unnecessary soil erosion will be avoided or remedied and how topsoil will be stripped, stockpiled and clearly marked. The approved plan shall be attached to the decision as a condition of approval;

Construction or maintenance activities will not result in unnecessary soil compaction that reduces the productivity of soil for crop production. This provision may be satisfied by the submittal and county approval of a plan prepared by an adequately qualified individual, showing how unnecessary soil compaction will be avoided or remedied in a timely manner through deep soil decompaction or other appropriate practices. The approved plan shall be attached to the decision as a condition of approval; and

Construction or maintenance activities will not result in the unabated introduction or spread of noxious weeds and other undesirable weeds species. This provision may be satisfied by the submittal and county approval of a weed control plan prepared by an adequately qualified individual that includes a long-term maintenance agreement. The approved plan shall be attached to the decision as a condition of approval.

The proposed photovoltaic solar power generation facility will not create unnecessary negative impacts on agricultural operations conducted on any portion of the subject property not occupied by project components. Negative impacts could include, but are not limited to, the unnecessary construction of roads dividing a field or multiple fields in such a way that creates small or isolated pieces of property that are more difficult to farm, and placing photovoltaic solar power generation facility project components on lands in a manner that could disrupt common and accepted farming practices;

The presence of a photovoltaic solar power generation facility will not result in unnecessary soil erosion or loss that could limit agricultural productivity on the subject property. This provision may be satisfied by the submittal and county approval of a soil and erosion control plan prepared by an adequately qualified individual, showing how unnecessary soil erosion will be avoided or remedied and how topsoil will be stripped, stockpiled and clearly marked. The approved plan shall be attached to the decision as a condition of approval;

Construction or maintenance activities will not result in unnecessary soil compaction that reduces the productivity of soil for crop production. This provision may be satisfied by the submittal and county approval of a plan prepared by an adequately qualified individual, showing how unnecessary soil compaction will be avoided or remedied in a timely manner through deep soil decompaction or other appropriate practices. The approved plan shall be attached to the decision as a condition of approval;

Construction or maintenance activities will not result in the unabated introduction or spread of noxious weeds and other undesirable weed species. This provision may be satisfied by the submittal and county approval of a weed control plan prepared by an adequately qualified individual that includes a long-term maintenance agreement. The approved plan shall be attached to the decision as a condition of approval;

The project is not located on high-value farmland soils unless it can be demonstrated that:

A study area consisting of lands zoned for exclusive farm use located within one mile measured from the center of the proposed project shall be established and:

The project is not located on high-value farmland soils or arable soils unless it can be demonstrated that:

No more than 12 acres of the project will be sited on high-value farmland soils described at ORS 195.300(10) unless an exception is taken pursuant to ORS 197.732 and Chapter 660 OAR, Division 4;

A study area consisting of lands zoned for exclusive farm use located within one mile measured from the center of the proposed project shall be established and:

The requirements of subsections (3)(f)(i), (ii), (iii), and (iv) of this section are satisfied.

The project is not located on high-value farmland soils or arable soils unless it can be demonstrated that:

No more than 12 acres of the project will be sited on high-value farmland soils described at ORS 195.300(10);

No more than 20 acres of the project will be sited on arable soils unless an exception is taken pursuant to ORS 197.732 and Chapter 660 OAR, Division 4;

The requirements of subsection (3)(f)(iv) of this section are satisfied;

If a photovoltaic solar power generation facility is proposed to be developed on lands that contain a Goal 5 resource protected under the county's comprehensive plan, and the plan does not address conflicts between energy facility development and the resource, the applicant and the county, together with any state or federal agency responsible for protecting the resource or habitat supporting the resource, will cooperatively develop a specific resource management plan to mitigate potential development conflicts. If there is no program present to protect the listed Goal 5 resource(s) present in the local comprehensive plan or implementing ordinances and the applicant and the appropriate resource management agency(ies) cannot successfully agree on a cooperative resource management plan, the county is responsible for determining appropriate mitigation measures; and

If a proposed photovoltaic solar power generation facility is located on lands where the potential exists for adverse effects to state or federal special status species (threatened, endangered, candidate, or sensitive), or to wildlife species of concern identified and mapped by the Oregon Department of Fish and Wildlife (including big game winter range and migration corridors, golden eagle and prairie falcon nest sites, and pigeon springs), the applicant shall conduct a site-specific assessment of the subject property in consultation with all appropriate state, federal, and tribal wildlife management agencies. A professional biologist shall conduct the site-specific assessment by using methodologies accepted by the appropriate wildlife management agency and shall determine whether adverse effects to special status species or wildlife species of concern are anticipated. Based on the results of the biologist's report, the site shall be designed to avoid adverse effects to state or federal special status species or to wildlife species of concern as described above. If the applicant's site-specific assessment shows that adverse effects cannot be avoided, the applicant and the appropriate wildlife management agency will cooperatively develop an agreement for project-specific mitigation to offset the potential adverse effects of the facility. Where the applicant and the resource management agency cannot agree on what mitigation will be carried out, the county is responsible for determining appropriate mitigation, if any, required for the facility.

The provisions of subsection (3)(h)(vi) of this section are repealed on January 1, 2022.

Any proposed parcel below 160 acres shall have usable water rights and water availability of adequate quantity to ensure the operation of irrigated farming techniques of commercial levels;

The proposed parcels must be of a size and shape that is efficient for the use of farm machinery, including: cultivating, harvesting, and spraying equipment. The proposed division shall not materially alter the stability of the overall land use pattern of the area.

Not capable of producing more than at least 20 cubic feet per acre per year of wood fiber; and

Either composed of at least 90 percent Class VII and VIII soils, or composed of at least 90 percent Class VI through VIII soils and are not capable of producing adequate herbaceous forage for grazing livestock. The land conservation and development commission, in cooperation with the State Department of Agriculture and other interested persons, may establish by rule objective criteria for identifying units of land that are not capable of producing adequate herbaceous forage for grazing livestock. In developing the criteria, the commission shall use the latest information from the United States Natural Resources Conservation Service and consider costs required to utilize grazing lands that differ in acreage and productivity level; and

The land division is for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase at least one of the resulting parcels; and

A parcel created by the land division that contains a dwelling is large enough to support continued residential use of the parcel.

The landowner signs and records in the deed records for the county an irrevocable deed restriction prohibiting the owner, and the owner's successors in interest, from pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which no claim or action is allowed under ORS 30.936 or 30.937.

Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

May not be considered in approving or denying an application for siting any other dwelling;

May not be considered in approving a redesignation or rezoning of forest lands except for a redesignation or rezoning to allow a public park, open space or other natural resource use; and

May not be smaller than 25 acres unless the purpose of the land division is to facilitate the creation of a wildlife or pedestrian corridor or the implementation of a wildlife habitat protection plan or to allow a transaction in which at least one party is a public park or open space provider, or a not-for-profit land conservation organization, that has cumulative ownership of at least 2,000 acres of open space or park property.

Is not eligible for siting a dwelling, except as may be authorized in ORS 195.120;

May not be considered in approving or denying an application for any other dwelling; and

May not be considered in approving a redesignation or rezoning of agricultural lands, except to allow a public park, open space, or other natural resource use.

The landowner signs and records in the deed records for the county an irrevocable deed restriction prohibiting the owner, and the owner's successors in interest, from pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which no claim or action is allowed under ORS 30.936 or 30.937.

Twenty feet from the property line for a property fronting on a local minor collector or marginal access street.

Thirty feet from a property line fronting on a major collector ROW.

Eighty feet from an arterial ROW unless other provisions for combining accesses are provided and approved by the county.