Page 86 - Rural Tourism Report Washington County

CHAPTER 4: RURAL TOURISM REGULATORY FRAMEWORK

Other pertinent CDC regulations include: A Type I review leaves no need for interpretation

Uses excluded from permit requirements (Section and no ability to apply conditions of approval, and a
201-2): Type III calls for the most discretion and the greatest
An important aspect of Washington County’s CDC public process. A discussion of the purpose/intent,
related to this study is the list of those uses that development patterns, and allowed/restricted uses
are exempt from permit requirements. These uses for each of the County's nine rural land use districts
include farm use as defined in Oregon statutes, is provided below.

accepted farm practices, and direct sales of farm
crops as described in ORS 215.203 (e.g. u-pick/u- First, there is additional information about the EFU
cut operations). In certain districts, it also includes and AF-20 districts, to which SB 960 applies. Then
for-profit boarding and training of horses and on-site the provisions of these districts and the other seven
filming for less than 45 days. These are important rural districts are summarized in Table 4.1. Please
uses that could be considered rural tourism and may note that references to review types (e.g. Types
be allowed without a land use permit. I – III) refer to Washington County’s review system
as reflected in its CDC, and not to ORS 215.213 as

County limitations modified by SB 960 or ORS 215.452 or .453 as
The County has limited latitude in applying land modified by SB 841-B. The following information
use regulations and laws to resource areas (EFU, should be used as a generalized guide, however

AF-20 and EFC). That latitude comes in the form of readers are directed to the CDC for a complete
conditions of approval that can be applied to land understanding of the parameters and limitations.
use decisions, however conditions of approval are Exclusive Farm Use (EFU) District
limited by nexus and proportionality considerations. (Section 340)
Originally established by the Oregon Legislature
County discretion as to allowed uses on non- as a tax-incentive program for farm operators in
resource lands is somewhat greater. The type of 1961, the need for EFU zoning designations was later
review process (Type I, II, or III) depends on whether incorporated into the Statewide Planning Program
state law requires public notice, whether it requires to implement Goal 3 (agricultural land protections).
or allows application of conditions (both of which The purpose of the EFU designation is to preserve
necessitate at least a Type II review), and the level high-value agricultural lands, including those with
of discretion required or allowed to interpret and Soil Classifications I-IV , for agricultural use. This
64
apply state regulations.
is accomplished by requiring a minimum lot size of
80 acres for new lots, which is conducive to large-
scale agricultural operation and for minimizing
impacts to non-agricultural uses.

64 High-value farmland is determined based on United States Natural Resources Conservation Service (NRCS) Geological Survey classification. A definition may be found
at http://www.oregonlaws.org/ors/215.710.

82 WASHINGTON COUNTY RURAL TOURISM STUDY