Chapter 8.65
FARM AND FOREST USE PROTECTION
Sections:
8.65.040 Farm and forest uses outside urban growth boundaries.
8.65.050 Farm and forest uses within urban growth boundaries.
8.65.010 Title.
This chapter shall be known as the Marion County farm and forest use protection ordinance and may be so cited and pleaded. [Ord. 1119 § 1, 1999.]
8.65.020 Purpose.
A. The purpose of this chapter is to protect farm and forest activities in Marion County. Farms and forestry involve practices that can offend, annoy or disturb persons living or working on property on or near farms and forests. Marion County has concluded that persons working or living on property on or near farms and forests must accept practices commonly associated with accepted farm and forest uses. This chapter is not a substitute for strong land use planning to avoid siting conflicting uses near property designated for farm or forest use.
B. This chapter limits the availability of remedies based on nuisance or trespass based on farm or forest practices, brought under Marion County ordinances. [Ord. 1119 § 2, 1999.]
8.65.030 Definitions.
As used in this chapter:
“Farm” means any facility, including the land, buildings, watercourses and appurtenances thereto used in the commercial production of crops, nursery stock, livestock, poultry, livestock products, poultry products or the propagation and raising of nursery stock.
“Farming practice” means a mode of operation on a farm that:
1. Is or may be used on a farm of a similar nature;
2. Is a generally accepted, reasonable and prudent method for the operation of the farm to obtain a profit in money;
3. Is or may become a generally accepted, reasonable and prudent method in conjunction with farm use;
4. Complies with applicable law; and
5. Is done in a reasonable and prudent manner.
“Forest practice” means a mode of operation on forestland that:
1. Is or may be used on forestland of similar nature;
2. Is or may become a generally accepted, reasonable and prudent method in forestland;
3. Complies with applicable laws;
4. Is done in a reasonable and prudent manner; and
5. May include site preparation, reforestation of forestland, road construction and maintenance, harvesting of forest tree species, application of chemicals, and disposal of slash.
“Forestland” means land that is used for the growing and harvesting of forest tree species.
As used in this chapter, “nuisance” or “trespass” includes, but is not limited to, noise, vibration, odors, smoke, dust, mist from irrigation, use of pesticides and use of crop production substances. For purposes of this chapter, “nuisance” or “trespass” does not include the physical intrusion on another’s property by any person, livestock or other animal or the introduction of any substance, including, but not limited to, rock, dirt, mud, water and vegetation, or any unlawful use or intrusion onto a public roadway. [Ord. 1119 § 3, 1999.]
8.65.040 Farm and forest uses outside urban growth boundaries.
A. No farming or forest practice occurring on lands on which those practices are allowed outside an urban growth boundary shall give rise to any action or claim under any county ordinance based on nuisance or trespass.
B. Subsection (A) of this section applies regardless of whether the farming or forest practice has undergone any change or interruption.
C. If the urban growth boundary is changed in such a way as to place a farming or forest practice outside its limits, subsection (A) of this section applies to that farming or forest practice after the date the urban growth boundary is changed.
D. If the urban growth boundary is changed in such a way as to place a farming practice inside its limits, subsection (A) of this section continues to apply to that farming practice until a change to a nonfarm use. [Ord. 1119 § 4, 1999.]
8.65.050 Farm and forest uses within urban growth boundaries.
A. No farming or forest practice preexisting on lands within an urban growth boundary shall give rise to any action or claim under any county ordinance based on nuisance or trespass.
B. Subsection (A) of this section applies only where a farming or forest practice that gave rise to the claim for relief existed before the conflicting use.
C. Subsection (A) of this section applies only where a farming or forest practice has not significantly increased in size or intensity from the date of adoption of the ordinance codified in this chapter or the date on which the applicable urban growth boundary is changed to include the subject farming or forest practice within its limits, whichever is later. [Ord. 1119 § 5, 1999.]
8.65.060 County enforcement.
Nothing in this chapter shall be construed to require the county to maintain any enforcement action under its ordinances to prevent interference with farm or forest uses. [Ord. 1119 § 6, 1999.]