OAR 660-006-0027: Dwellings in Forest Zones

The following standards apply to dwellings described at OAR 660-006-0025(1)(d): (1) A lot of record dwelling authorized under ORS 215.705 may be allowed if: (a) The lot or parcel on which the dwelling will be sited was lawfully created and was acquired and owned continuously by the present owner as defined in subsection (d) of this section: (A) Since prior to January 1, 1985; or (B) 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. (b) The tract on which the dwelling will be sited does not include a dwelling; (c) The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot or parcel that was part of that tract. (d) For purposes of this section, “owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent or grandchild of the owner or a business entity owned by any one or combination of these family members. (e) The dwelling must be located: (A) On a tract in western Oregon that is composed of soil is not capable of producing 5,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS 368.001 that provides or will provide access to the subject tract. The road shall be maintained and either paved or surfaced with rock and shall not be: (i) A United States Bureau of Land Management road; or (ii) A United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency. (B) On a tract in eastern Oregon that is composed of soils not capable of producing 4,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS 368.001 that provides or will provide access to the subject tract. The road shall be maintained and either paved or surfaced with rock and shall not be: (i) A United States Bureau of Land Management road; or (ii) A United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency. (f) When the lot or parcel on which the dwelling will be sited lies within an area designated in an acknowledged comprehensive plan as habitat of big game, the siting of the dwelling shall be consistent with the limitations on density upon which the acknowledged comprehensive plan and land use regulations intended to protect the habitat are based; and (g) When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed. (2) If a dwelling is not allowed pursuant to section (1) of this rule, a large tract forest dwelling authorized under ORS 215.740 may be allowed on land zoned for forest use if it complies with other provisions of law and is sited on a tract that does not include a dwelling: (a) In eastern Oregon of at least 240 contiguous acres or 320 acres in one ownership that are not contiguous but are in the same county or adjacent counties and zoned for forest use. A deed restriction shall be filed pursuant to section (7) of this rule for all tracts that are used to meet the acreage requirements of this subsection. (b) In western Oregon of at least 160 contiguous acres or 200 acres in one ownership that are not contiguous but are in the same county or adjacent counties and zoned for forest use. A deed restriction shall be filed pursuant to section (7) of this rule for all tracts that are used to meet the acreage requirements of this subsection. (c) A tract shall not be considered to consist of less than 240 acres or 160 acres because it is crossed by a public road or a waterway. (3) In western Oregon, a governing body of a county or its designate may allow the establishment of a single family “template” dwelling authorized under ORS 215.750 on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are: (a) Capable of producing zero to 49 cubic feet per acre per year of wood fiber if: (A) All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and (B) At least three dwellings existed on January 1, 1993 and continue to exist on the other lots or parcels. (b) Capable of producing 50 to 85 cubic feet per acre per year of wood fiber if: (A) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and (B) At least three dwellings existed on January 1, 1993 and continue to exist on the other lots or parcels. (c) Capable of producing more than 85 cubic feet per acre per year of wood fiber if: (A) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and (B) At least three dwellings existed on January 1, 1993 and continue to exist on the other lots or parcels. (d) As used in this section, “center of the subject tract” means the mathematical centroid of the tract. (4) In eastern Oregon, a governing body of a county or its designate may allow the establishment of a single family “template” dwelling authorized under ORS 215.750 on a lot or parcel located within a forest zone if the lot or parcel is predominantly composed of soils that are: (a) Capable of producing zero to 20 cubic feet per acre per year of wood fiber if: (A) All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and (B) At least three dwellings existed on January 1, 1993 and continue to exist on the other lots or parcels. (b) Capable of producing 21 to 50 cubic feet per acre per year of wood fiber if: (A) All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and (B) At least three dwellings existed on January 1, 1993 and continue to exist on the other lots or parcels. (c) Capable of producing more than 50 cubic feet per acre per year of wood fiber if: (A) All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered on the center of the subject tract; and (B) At least three dwellings existed on January 1, 1993 and continue to exist on the other lots or parcels. (d) As used in this section, “center of the subject tract” means the mathematical centroid of the tract. (5) The following review standards apply to “template” dwellings approved under sections (3) or (4) of this rule: (a) Lots or parcels within urban growth boundaries may not be used to satisfy the eligibility requirements under sections (3) or (4) of this rule. (b) Except as provided by subsection (c) of this section, if the tract under section (3) or (4) of this rule abuts a road that existed on January 1, 1993, the measurement may be made by creating a 160-acre rectangle that is one mile long and one-quarter mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road. (c)(A) If a tract 60 acres or larger described under section (3) or (4) of this rule abuts a road or perennial stream, the measurement shall be made in accordance with subsection (b) of this section. However, one of the three required dwellings must be on the same side of the road or stream as the tract, and: (i) Be located within a 160-acre rectangle that is one mile long and one-quarter mile wide centered on the center of the subject tract and that is, to the maximum extent possible aligned with the road or stream; or (ii) Be within one-quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract. (B) If a road crosses the tract on which the dwelling will be located, at least one of the three required dwellings shall be on the same side of the road as the proposed dwelling. (d) Notwithstanding subsection (6)(a) of this rule, if the acknowledged comprehensive plan and land use regulations of a county require that a dwelling be located in a 160-acre square or rectangle described in sections (3) and (4) of this rule or subsections (b) or (c) of this section, a dwelling is in the 160-acre square or rectangle if any part of the dwelling is in the 160-acre square or rectangle. (6) A proposed “template” dwelling under this rule is allowed only if: (a) It will comply with the requirements of an acknowledged comprehensive plan, acknowledged land use regulations, and other provisions of law; (b) It complies with the requirements of OAR 660-006-0029 and 660-006-0035; (c) No dwellings are allowed on other lots or parcels that make up the tract and deed restrictions established under section (7) of this rule for the other lots or parcels that make up the tract are met; (d) The tract on which the dwelling will be sited does not include a dwelling. (e) The lot or parcel on which the dwelling will be sited was lawfully established. (f) Any property line adjustment to the lot or parcel complied with the applicable property line adjustment provisions in ORS 92.192. (g) Any property line adjustment to the lot or parcel after January 1, 2019, did not have the effect of qualifying the lot or parcel for a dwelling under this section; and (h) If the lot or parcel on which the dwelling will be sited was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another lot or parcel that was part of the tract. (7)(a) The applicant for a dwelling authorized by paragraph (A) or (B) below shall provide evidence that the covenants, conditions and restrictions form adopted as "Exhibit A" has been recorded with the county clerk of the county or counties where the property subject to the covenants, conditions and restrictions is located. (A) Subsections (2)(a) or (b) of this rule requiring one or more lot or parcel to meet minimum acreage requirements. (B) Sections (3) or (4) of this rule applying to other lots or parcels that make up a tract in section (6). (b) The covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located. (c) Enforcement of the covenants, conditions and restrictions may be undertaken by the department or by the county or counties where the property subject to the covenants, conditions and restrictions is located. (d) The failure to follow the requirements of this section shall not affect the validity of the transfer of property or the legal remedies available to the buyers of property that is subject to the covenants, conditions and restrictions required by this section. (e) The county planning director shall maintain a copy of the covenants, conditions and restrictions filed in the county deed records pursuant to this section and a map or other record depicting tracts do not qualify for the siting of a dwelling under the covenants, conditions and restrictions filed in the county deed records pursuant to this section. The map or other record required by this subsection shall be readily available to the public in the county planning office. (8) A county may approve a new single-family dwelling unit on a lot or parcel zoned for forest use provided: (a) The new single-family dwelling unit will be on a lot or parcel no smaller than the minimum size allowed under OAR 660-006-0026(1); (b) The new single-family dwelling unit will be on a lot or parcel that contains exactly one existing single-family dwelling unit that was lawfully; (A) In existence before November 4, 1993; or (B) Approved under this rule, ORS 215.130(6), ORS 215.705, or OAR 660-006-0025(3)(o). (c) The shortest distance between any portion of the new single-family dwelling unit and any portion of the existing single-family dwelling unit is no greater than 200 feet; (d) The lot or parcel is within a rural fire protection district organized under ORS chapter 478; (e) The new single-family dwelling unit complies with the Oregon residential specialty code relating to wildfire hazard mitigation; (f) As a condition of approval of the new single-family dwelling unit, in addition to the requirements of OAR 660-006-0029(5)(e), the property owner agrees to acknowledge and record in the deed records for the county in which the lot or parcel is located, one or more instruments containing irrevocable deed restrictions that; (A) Prohibit the owner and the owner’s successors from partitioning the property to separate the new single-family dwelling unit from the lot or parcel containing the existing single-family dwelling unit; and (B) Require that the owner and the owner’s successors manage the lot or parcel as a working forest under a written forest management plan, as defined in ORS 526.455 that is attached to the instrument. (g) The existing single-family dwelling is occupied by the owner or a relative; (h) The new single-family dwelling unit will be occupied by the owner or a relative; (i) The owner or a relative occupies the new single-family dwelling unit to allow the relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition, or supervision of forest lots or parcels of the owner; and (j) If a new single-family dwelling unit is constructed under this section, a county may not allow the new or existing dwelling unit to be used for vacation occupancy as defined in ORS 90.100. (k) As used in this section, “owner or a relative” means the owner of the lot or parcel, or a relative of the owner or the owner’s spouse, including a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew, or first cousin of either. [ED. NOTE: Exhibits referenced are available from the agency.]