OAR 660-006-0026: New Land Division Requirements in Forest Zones

(1) Governing bodies shall legislatively amend their land division standards to incorporate one or more of the following parcel sizes. Under these provisions, a governing body may not determine minimum parcel sizes for forest land on a case-by-case basis: (a) An 80-acre or larger minimum parcel size; or (b) One or more numeric minimum parcel sizes less than 80 acres provided that each parcel size is large enough to ensure: (A) The opportunity for economically efficient forest operations typically occurring in the area; (B) The opportunity for the continuous growing and harvesting of forest tree species; (C) The conservation of other values found on forest lands as described in Goal 4; and (D) That parcel meets the requirements of ORS 527.630. (2) New land divisions less than the parcel size in section (1) of this rule may be approved for any of the following circumstances: (a) For the uses listed in OAR 660-006-0025(3)(m) and (n) and (4)(a) through (o) provided that such uses have been approved pursuant to OAR 660-060-0025(5) and the parcel created from the division is the minimum size necessary for the use. (b) For the establishment of a parcel for a dwelling that has existed since before June 1, 1995, subject to the following requirements: (A) The parcel established may not be larger than five acres, except as necessary to recognize physical factors such as roads or streams, in which case the parcel shall not be larger than 10 acres; and (B) The parcel that does not contain the dwelling is not entitled to a dwelling unless subsequently authorized by law or goal and the parcel either: (i) Meets the minimum land division standards of the zone; or (ii) Is consolidated with another parcel, and together the parcels meet the minimum land division standards of the zone. (c) To allow a division of forest land to facilitate a forest practice as defined in ORS 527.620 that results in a parcel that does not meet the minimum area requirements of subsection (1)(a) or (b). Approvals shall be based on findings that demonstrate that there are unique property specific characteristics present in the proposed parcel that require an amount of land smaller than the minimum area requirements of subsections (1)(a) or (b) of this rule in order to conduct the forest practice. Parcels created pursuant to this subsection: (A) Are not eligible for siting of new dwelling; (B) May not serve as the justification for the siting of a future dwelling on other lots or parcels; (C) May not, as a result of the land division, be used to justify redesignation or rezoning of resource lands; and (D) May not result in a parcel of less than 35 acres, unless the purpose of the land division is to: (i) Facilitate an exchange of lands involving a governmental agency; or (ii) Allow transactions in which at least one participant is a person with a cumulative ownership of at least 2,000 acres of forest land. (d) To allow a division of a lot or parcel zoned for forest use if: (A) At least two dwellings lawfully existed on the lot or parcel prior to November 4, 1993; (B) Each dwelling complies with the criteria for a replacement dwelling under ORS 215.213(1) or 215.283(1); (C) Except for one lot or parcel, each lot or parcel created under this paragraph is between two and five acres in size; (D) At least one dwelling is located on each lot or parcel created under this paragraph; and (E) The landowner of a lot or parcel created under this paragraph provides evidence that a restriction prohibiting the landowner and the landowner’s successors in interest from further dividing the lot or parcel has been recorded with the county clerk of the county in which the lot or parcel is located. A restriction imposed under this paragraph shall be irrevocable unless a statement of release is signed by the county planning director of the county in which the lot or parcel is located indicating that the comprehensive plan or land use regulations applicable to the lot or parcel have been changed so that the lot or parcel is no longer subject to statewide planning goals protecting forestland or unless the land division is subsequently authorized by law or by a change in a statewide planning goal for land zoned for forest use. (e) To allow a proposed division of land as provided in ORS 215.783. (3) A county planning director shall maintain a record of lots and parcels that do not qualify for division under the restrictions imposed by OAR 660-006-0026(2)(d) and (4). The record shall be available to the public. (4) A lot or parcel may not be divided under OAR 660-006-0026(2)(d) if an existing dwelling on the lot or parcel was approved under: (a) A statute, an administrative rule or a land use regulation as defined in ORS 197.015 that required removal of the dwelling or that prohibited subsequent division of the lot or parcel; or (b) A farm use zone provision that allowed both farm and forest uses in a mixed farm and forest use zone under statewide goal 4 (Forest Lands). (5)(a) An applicant for the creation of a parcel pursuant to subsection (2)(b) of this rule shall provide evidence that a restriction on the remaining parcel, not containing the dwelling, has been recorded with the county clerk of the county where the property is located. The restriction shall allow no dwellings unless authorized by law or goal on land zoned for forest use except as permitted under section (2) of this rule. (b) A restriction imposed under this section shall be irrevocable unless a statement of release is signed by the county planning director of the county where the property is located indicating that the comprehensive plan or land use regulations applicable to the property have been changed in such a manner that the parcel is no longer subject to statewide planning goals pertaining to agricultural land or forest land. (c) The county planning director shall maintain a record of parcels that do not qualify for the siting of a new dwelling under restrictions imposed by this rule. The record shall be readily available to the public. (6) A landowner allowed a land division under section (2) of this rule shall sign a statement that shall be recorded with the county clerk of the county in which the property is located, declaring that the landowner will not in the future complain about accepted farming or forest practices on nearby lands devoted to farm or forest use. (7) The county governing body or its designate may not approve a property line adjustment of a lot or parcel in a manner that separates a temporary hardship dwelling or home occupation from the parcel on which the primary residential use exists. (8) A division of a lawfully established unit of land may occur along an urban growth boundary where the parcel remaining outside the urban growth boundary is zoned for forest use or mixed farm and forest use and is smaller than the minimum parcel size, provided that: (a) If the parcel contains a dwelling, it must be large enough to support continued residential use. (b) If the parcel does not contain a dwelling: (A) It is not eligible for siting a dwelling, except as may be authorized under ORS 195.120; (B) It may not be considered in approving or denying an application for any other dwelling; (C) It may not be considered in approving a redesignation or rezoning of forest lands, except to allow a public park, open space or other natural resource use; and (D) The owner of the parcel shall record with the county clerk an irrevocable deed restriction prohibiting the owner and all successors in interest from pursuing a cause of action or claim of relief alleging injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937.