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OREGON’S LAND USE SYSTEM
& FARMLAND PROTECTION Food Policy from Neighborhood to
Nation National ConferencePortland, Oregon
May 20, 2011
Diversity of Production Over 220 commodities produced in
Oregon. Helps create greater stability
throughout the industry over time. Most of Oregon’s ag products are not
federal commodity crops.
Value of Farm and Ranch Production: 1985 - 2010
Source: Oregon Agricultural Statistics Service.
$4.3 billion
Agriculture’s Economic Contribution to Oregon
10% of state’s economy 80% of ag production leaves the state 40% of ag production leaves the country
(U.S. = 25%). 60% of Port of Portland’s total tonnage of
exports is agriculture = Traded Sector
Elements of Statewide Land Use Planning Program
1. Overarching State Policy: Highest Livability Coordination among levels of government Preserve farm and forest land Contain urban development
2. Institutional Structure: Land Conservation & Development
Commission Department of Land Conservation &
Development Local governments
Elements of Statewide Land Use Planning Program, Cont’d
3. Legal Standards for Local Planning: Statewide Planning Goals (with force
of law) 19 Goals include urban containment,
farmland protection
http://www.oregon.gov/LCD/goals.shtml#Statewide_Planning_Goals
Elements of Statewide Land Use Planning Program, Cont’d
4. Comprehensive Plans: Every city and county must have one Every comprehensive plan must
comply with Goals
5. State Agency Coordination: Agencies must comply with Goals and approved local plans
Elements of Statewide Land Use Planning Program, Cont’d
6. Periodic Review: Cities and counties must update plans periodically
7. Enforcement: LCDC has special powers to enforce Goals Citizens may file appeals State administrative appeals process
8. State Grants and Assistance to Cities & Counties
Nearly $4 million each year
Statewide Planning Goals
Fundamental Strategy embedded in Goals: Contain urban
development within UGBs
Protect natural resources outside UGBs
Use urban land efficiently
Components of Oregon Farmland Protection Program
1. Legislative Policy: Preserve maximum supply of agricultural
land in large blocks Expansion of urban development onto
agricultural land increase conflicts and public service costs
Provide higher level of
protection to more
productive land
Components of Oregon Farmland Protection Program
2. Definition of “Agricultural Land”: Relies on NRCS Soil Capability
Classification System Current land use Capability and suitability Clear and objective
Components of Oregon Farmland Protection Program, Cont’d
3. Limits on Uses in Agricultural Zones: All farmland is protected by “exclusive farm
use zone” (15.5 million acres) Farm Dwellings: must show farm income
level Nonfarm Dwellings: only on poor land; no
conflicts Other Nonfarm Uses: poor land; no
conflicts; many prohibited on more productive land
Components of Oregon Farmland Protection Program, Cont’d
4. Land divisions regulated by state law Partitions OK, subdivisions are not MPS set at 80 acres for cropland, 160
for rangeland Counties may propose smaller on the
basis of commercial agriculture for the subject area.
Components of Oregon Farmland Protection Program, Cont’d
5. Limits on Conversion to Urban Uses: All cities must have urban growth
boundary No urban uses outside UGB No urban services outside UGB 20-year supply Urban and rural reserves
Components of Oregon Farmland Protection Program, Cont’d
6. Tax Policies: Farm Value Assessment (valued at $3.8 Billion to
farmers between 1974 and 2004)
7. Protection for Agricultural Practices: “Right to Farm” Law provides immunity for accepted farming practices from private nuisance actions No local ordinances may limit practices in exclusive farm zones
The Farmland Protection Program is Successful
For each new resident, between 1992 and 1997, Georgia urbanized 1.62 acres, Florida urbanized 1.25 acres, Oregon urbanized 0.56 acres. Arthur Nelson, Georgia Institute of Technology.
Lettman Studies: Program has slowed losses of land, particularly in the areas designated for protection.
Kline Studies: Had the farmland protection program not been adopted in 1975, Oregon would have lost 299,023 acres of farmland by 1994.
Sustainability of the ag land base?1 million acres of ag land is lost to development every year in the US.
Oregon’s land use system helps slow the loss of farmland.
Oregon’s farmland has been protected…with small losses concentrated within areas designated for growth
1.0% 1.6% 3.7%1.7% 8.6%Oregon Washington CaliforniaIllinois Florida
144,300acres
241,000acres
466,000acres
1.1 millionacres
Existing farmland converted to residential uses from 1982-97
1.1 millionacres
Source: National Resources Inventory USDA Natural Resources Conservation Service
Conversion of Agricultural Lands: “Planned”1982-1997
Oregon: 144,300 acres 60,900 acres within UGBs 35,000 acres within rural
development zones. 48,400 acres in resource
land zones 67% of total conversions
involve areas planned for development.
Source: National Resources Inventory, USDA Natural Resources Conservation Service
The Farmland Protection Program is Far From Perfect
Over 50 farm and nonfarm uses are still allowed in the “exclusive” farm zone. “Supersiting” of certain land uses
Siting standards for nonfarn uses Efforts to address fairness over the
distribution of the benefits and burdens of the program have not ended the debate.
The Farmland Protection Program is Far From Perfect
Urban growth boundaries continue to expand, sometimes onto cropland.
Rural Reserves in the Metro Region: Long-term protection from UGB expansion?
Toward Perfection
Transferable development rights: New to Oregon
Rural Reserves in the Metro Region: Long-term protection from UGB expansion
Growing public concern over food security and demand for local products: New reasons to protect farmland close to urban areas.
Further Information
Department of Land Conservation & Development: www.lcd.state.or.us
Metro: www.oregonmetro.gov
Eber-Sullivan Article in San Joaquin Agricultural Law Review
Jim JohnsonLand Use and Water Planning CoordinatorOregon Department of [email protected]