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--- version:A-Engrossed+++ version:(document, no version)@@ -2,1671 +2,13 @@234-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session-A-Engrossed-Senate Bill 1561-Ordered by the Senate February 17-Including Senate Amendments dated February 17-Sponsored by Senator WEBER, Representative WRIGHT; Senators DRAZAN, FREDERICK, PATTERSON, SMITH-DB, THATCHER, Representatives EDWARDS, HARTMAN, HELFRICH, JAVADI, LEVY B, MANNIX,-MCDONALD, OWENS (Presession filed.)-SUMMARY-The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject-to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the-measure. The statement includes a measure digest written in compliance with applicable readability standards.-Digest: This Act allows an owner a separate path to restore a destroyed home. (Flesch Read--ability Score: 69.9).-Requires local governments to approve restoration or replacement of dwellings rendered-uninhabitable under an alternative process that is not a land use decision.-A BILL FOR AN ACT-Relating to restoration of dwellings damaged by involuntary causes; creating new provisions; and-amending ORS 215.213, 215.283 and 215.755.-Be It Enacted by the People of the State of Oregon:-SECTION 1.-Section 2 of this 2026 Act is added to and made a part of ORS chapter 197.-SECTION 2. (1) The local government shall approve an application to restore or replace-a dwelling damaged or destroyed by a natural or involuntary event if:-(a) The former dwelling:-(A) Had intact exterior walls and roof structure;-(B) Had indoor plumbing consisting of a kitchen sink, toilet and bathing facilities con--nected to a sanitary waste disposal system;-(C) Had interior wiring for interior lights;-(D) Had a heating system; and-(E)(i) Was authorized by building permits or other regulatory approval process by the-appropriate authority; or-(ii) Was assessed as a residential dwelling for purposes of ad valorem taxation for the tax-year beginning on July 1, 10 years before the date of the application, and is not subject to-unresolved enforcement proceedings challenging the lawfulness of the dwelling; and-(b) The proposed dwelling will:-(A) Not exceed the floor area of the former dwelling by more than 25 percent;-(B) Be adequately served by water, sanitation and roads;-(C) Be located wholly or partially within the footprint of the former dwelling unless-necessary to comply with local flood regulations or to avoid a natural hazard area, in which-case the applicant may choose a suitable location on the same lot or parcel; and-(D) Comply with applicable building codes that were in effect on the date the dwelling-was damaged or destroyed.-NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.-New sections are in boldfaced type.-LC 96-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(2) A local government may not add conditions to the approval or siting of a dwelling-under this section except as necessary to maintain participation in the National Flood In--surance Program under 42 U.S.C. 4001 et seq.-(3) A damaged dwelling to be replaced under this section must be removed, demolished,-incorporated into the replacement dwelling or converted to a nonresidential use within three-months after the replacement dwelling is certified for occupancy.-(4) An application under this section must be filed within three years following the date-of the natural or involuntary event.-(5) Construction of a replacement dwelling approved under this section must commence-no later than four years after the approval of the application under this section becomes-final.-(6) A local government may delegate the approval of an application under this section to:-(a) A hearings officer, as defined in ORS 215.402 or 227.160;-(b) A planning commission, as described in ORS 215.020; or-(c) A planning director.-(7) The findings of the local government or its designee in approving an application under-this section are not land use decisions and are subject to review only under ORS 34.010 to-34.100. The local government may require an applicant to give notice to certain nonparties-and shall provide nonparties an opportunity to submit written comments on the application-in a manner provided by ordinance. The findings and conclusions of the local government are-entitled to deference if there is any evidence to support the findings.-SECTION 3.- ORS 215.213 is amended to read:-215.213. (1) In counties that have adopted marginal lands provisions under ORS 197.247 (1991-Edition), the following uses may be established in any area zoned for exclusive farm use:-(a) Churches and cemeteries in conjunction with churches.-(b) The propagation or harvesting of a forest product.-(c) Utility facilities necessary for public service, not including commercial facilities for the-purpose of generating electrical power for public use by sale or transmission towers over 200 feet-in height, but including:-(A) Utility facilities as provided in ORS 215.275;-(B) Utility facilities that are associated transmission lines, as defined in ORS 215.274 and-469.300;-(C) Wetland waste treatment systems; or-(D) Facilities and service lines needed to provide water or wastewater services allowed under-ORS 215.256.-(d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the-farm operator or the farm operator’s spouse, which means a child, parent, stepparent, grandchild,-grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either, if the farm-operator does or will require the assistance of the relative in the management of the farm use and-the dwelling is located on the same lot or parcel as the dwelling of the farm operator.-Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS-215.780, if the owner of a dwelling described in this paragraph obtains construction financing or-other financing secured by the dwelling and the secured party forecloses on the dwelling, the se--cured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure-shall operate as a partition of the homesite to create a new parcel.-[2]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(e) Nonresidential buildings customarily provided in conjunction with farm use.-(f) Subject to ORS 215.279, primary or accessory dwellings customarily provided in conjunction-with farm use. For a primary dwelling, the dwelling must be on a lot or parcel that is managed as-part of a farm operation and is not smaller than the minimum lot size in a farm zone with a minimum-lot size acknowledged under ORS 197.251.-(g) Operations for the exploration for and production of geothermal resources as defined by ORS-522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of-compressors, separators and other customary production equipment for an individual well adjacent-to the wellhead. Any activities or construction relating to such operations shall not be a basis for-an exception under ORS 197.732 (2)(a) or (b).-(h) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or-construction relating to such operations shall not be a basis for an exception under ORS 197.732-(2)(a) or (b).-(i) One manufactured dwelling or recreational vehicle, or the temporary residential use of an-existing building, in conjunction with an existing dwelling as a temporary use for the term of a-hardship suffered by the existing resident or a relative of the resident. Within three months of the-end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demol--ished or, in the case of an existing building, the building shall be removed, demolished or returned-to an allowed nonresidential use. The governing body or its designee shall provide for periodic re--view of the hardship claimed under this paragraph. A temporary residence approved under this-paragraph is not eligible for replacement under paragraph (q) of this subsection.-(j) Climbing and passing lanes within the right of way existing as of July 1, 1987.-(k) Reconstruction or modification of public roads and highways, including the placement of-utility facilities overhead and in the subsurface of public roads and highways along the public right-of way, but not including the addition of travel lanes, where no removal or displacement of buildings-would occur, or no new land parcels result.-(L) Temporary public road and highway detours that will be abandoned and restored to original-condition or use at such time as no longer needed.-(m) Minor betterment of existing public road and highway related facilities, such as maintenance-yards, weigh stations and rest areas, within right of way existing as of July 1, 1987, and contiguous-public-owned property utilized to support the operation and maintenance of public roads and high--ways.-(n) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has-been classified as historic property as described in ORS 358.487 (4).-(o) Creation, restoration or enhancement of wetlands.-(p) A winery, as described in ORS 215.452 or 215.453.-(q) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS-215.291 or section 2 of this 2026 Act .-(r) Farm stands if:-(A) The structures are designed and used for the sale of farm crops or livestock grown on the-farm operation, or grown on the farm operation and other farm operations in the local agricultural-area, including the sale of retail incidental items and fee-based activity to promote the sale of farm-crops or livestock sold at the farm stand if the annual sale of incidental items and fees from pro--motional activity do not make up more than 25 percent of the total annual sales of the farm stand;-and-[3]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(B) The farm stand does not include structures designed for occupancy as a residence or for-activity other than the sale of farm crops or livestock and does not include structures for banquets,-public gatherings or public entertainment.-(s) An armed forces reserve center, if the center is within one-half mile of a community college.-For purposes of this paragraph, “armed forces reserve center” includes an armory or National-Guard support facility.-(t) A site for the takeoff and landing of model aircraft, including such buildings or facilities as-may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor-area or placed on a permanent foundation unless the building or facility preexisted the use approved-under this paragraph. The site shall not include an aggregate surface or hard surface area unless-the surface preexisted the use approved under this paragraph. An owner of property used for the-purpose authorized in this paragraph may charge a person operating the use on the property rent-for the property. An operator may charge users of the property a fee that does not exceed the-operator’s cost to maintain the property, buildings and facilities. As used in this paragraph, “model-aircraft” means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is-used or intended to be used for flight and is controlled by radio, lines or design by a person on the-ground.-(u) A facility for the processing of farm products as described in ORS 215.255.-(v) Fire service facilities providing rural fire protection services.-(w) Irrigation reservoirs, canals, delivery lines and those structures and accessory operational-facilities, not including parks or other recreational structures and facilities, associated with a dis--trict as defined in ORS 540.505.-(x) Utility facility service lines. Utility facility service lines are utility lines and accessory fa--cilities or structures that end at the point where the utility service is received by the customer and-that are located on one or more of the following:-(A) A public right of way;-(B) Land immediately adjacent to a public right of way, provided the written consent of all ad--jacent property owners has been obtained; or-(C) The property to be served by the utility.-(y) Subject to the issuance of a license, permit or other approval by the Department of Envi--ronmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with-rules adopted under ORS 468B.095, and as provided in ORS 215.246 to 215.251, the land application-of reclaimed water, agricultural or industrial process water or biosolids, or the onsite treatment of-septage prior to the land application of biosolids, for agricultural, horticultural or silvicultural pro--duction, or for irrigation in connection with a use allowed in an exclusive farm use zone under this-chapter. For the purposes of this paragraph, onsite treatment of septage prior to the land application-of biosolids is limited to treatment using treatment facilities that are portable, temporary and-transportable by truck trailer, as defined in ORS 801.580, during a period of time within which land-application of biosolids is authorized under the license, permit or other approval.-(z) Dog training classes or testing trials, which may be conducted outdoors or in farm buildings-in existence on January 1, 2019, when:-(A) The number of dogs participating in training does not exceed 10 dogs per training class and-the number of training classes to be held on-site does not exceed six per day; and-(B) The number of dogs participating in a testing trial does not exceed 60 and the number of-testing trials to be conducted on-site is limited to four or fewer trials per calendar year.-[4]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(aa) A cider business, as described in ORS 215.451.-(bb) A farm brewery, as described in ORS 215.449.-(2) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition),-the following uses may be established in any area zoned for exclusive farm use subject to ORS-215.296:-(a) A primary dwelling in conjunction with farm use or the propagation or harvesting of a forest-product on a lot or parcel that is managed as part of a farm operation or woodlot if the farm op--eration or woodlot:-(A) Consists of 20 or more acres; and-(B) Is not smaller than the average farm or woodlot in the county producing at least $2,500 in-annual gross income from the crops, livestock or forest products to be raised on the farm operation-or woodlot.-(b) A primary dwelling in conjunction with farm use or the propagation or harvesting of a forest-product on a lot or parcel that is managed as part of a farm operation or woodlot smaller than re--quired under paragraph (a) of this subsection, if the lot or parcel:-(A) Has produced at least $20,000 in annual gross farm income in two consecutive calendar-years out of the three calendar years before the year in which the application for the dwelling was-made or is planted in perennials capable of producing upon harvest an average of at least $20,000-in annual gross farm income; or-(B) Is a woodlot capable of producing an average over the growth cycle of $20,000 in gross an--nual income.-(c) Commercial activities that are in conjunction with farm use, including the processing of farm-crops into biofuel not permitted under ORS 215.203 (2)(b)(K) or 215.255.-(d) Operations conducted for:-(A) Mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas-as defined by ORS 520.005, not otherwise permitted under subsection (1)(g) of this section;-(B) Mining, crushing or stockpiling of aggregate and other mineral and other subsurface re--sources subject to ORS 215.298;-(C) Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement; and-(D) Processing of other mineral resources and other subsurface resources.-(e) Community centers owned by a governmental agency or a nonprofit community organization-and operated primarily by and for residents of the local rural community, hunting and fishing pre--serves, public and private parks, playgrounds and campgrounds. Subject to the approval of the-county governing body or its designee, a private campground may provide yurts for overnight-camping. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include-a yurt. The yurt shall be located on the ground or on a wood floor with no permanent foundation.-Upon request of a county governing body, the Land Conservation and Development Commission may-provide by rule for an increase in the number of yurts allowed on all or a portion of the-campgrounds in a county if the commission determines that the increase will comply with the stan--dards described in ORS 215.296 (1). A public park or campground may be established as provided-under ORS 195.120. As used in this paragraph, “yurt” means a round, domed shelter of cloth or-canvas on a collapsible frame with no plumbing, sewage disposal hookup or internal cooking appli--ance.-(f) Golf courses on land determined not to be high-value farmland as defined in ORS 195.300.-(g) Commercial utility facilities for the purpose of generating power for public use by sale. If the-[5]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-area zoned for exclusive farm use is high-value farmland, a photovoltaic solar power generation fa--cility may be established as a commercial utility facility as provided in ORS 215.447. A renewable-energy facility as defined in ORS 215.446 may be established as a commercial utility facility.-(h) Personal-use airports for airplanes and helicopter pads, including associated hangar, main--tenance and service facilities. A personal-use airport as used in this section means an airstrip re--stricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional-basis, by invited guests, and by commercial aviation activities in connection with agricultural op--erations. No aircraft may be based on a personal-use airport other than those owned or controlled-by the owner of the airstrip. Exceptions to the activities permitted under this definition may be-granted through waiver action by the Oregon Department of Aviation in specific instances. A-personal-use airport lawfully existing as of September 13, 1975, shall continue to be permitted sub--ject to any applicable rules of the Oregon Department of Aviation.-(i) A facility for the primary processing of forest products, provided that such facility is found-to not seriously interfere with accepted farming practices and is compatible with farm uses de--scribed in ORS 215.203 (2). Such a facility may be approved for a one-year period which is-renewable. These facilities are intended to be only portable or temporary in nature. The primary-processing of a forest product, as used in this section, means the use of a portable chipper or stud-mill or other similar methods of initial treatment of a forest product in order to enable its shipment-to market. Forest products, as used in this section, means timber grown upon a parcel of land or-contiguous land where the primary processing facility is located.-(j) A site for the disposal of solid waste approved by the governing body of a city or county or-both and for which a permit has been granted under ORS 459.245 by the Department of Environ--mental Quality together with equipment, facilities or buildings necessary for its operation.-(k)(A) Commercial dog boarding kennels; or-(B) Dog training classes or testing trials that cannot be established under subsection (1)(z) of-this section.-(L) Residential homes as defined in ORS 197.660, in existing dwellings.-(m) The propagation, cultivation, maintenance and harvesting of aquatic species that are not-under the jurisdiction of the State Fish and Wildlife Commission or insect species. Insect species-shall not include any species under quarantine by the State Department of Agriculture or the United-States Department of Agriculture. The county shall provide notice of all applications under this-paragraph to the State Department of Agriculture. Notice shall be provided in accordance with the-county’s land use regulations but shall be mailed at least 20 calendar days prior to any administra--tive decision or initial public hearing on the application.-(n) Home occupations as provided in ORS 215.448.-(o) Transmission towers over 200 feet in height.-(p) Construction of additional passing and travel lanes requiring the acquisition of right of way-but not resulting in the creation of new land parcels.-(q) Reconstruction or modification of public roads and highways involving the removal or dis--placement of buildings but not resulting in the creation of new land parcels.-(r) Improvement of public road and highway related facilities such as maintenance yards, weigh-stations and rest areas, where additional property or right of way is required but not resulting in-the creation of new land parcels.-(s) A destination resort that is approved consistent with the requirements of any statewide-planning goal relating to the siting of a destination resort.-[6]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(t) Room and board arrangements for a maximum of five unrelated persons in existing resi--dences.-(u) A living history museum related to resource based activities owned and operated by a gov--ernmental agency or a local historical society, together with limited commercial activities and fa--cilities that are directly related to the use and enjoyment of the museum and located within-authentic buildings of the depicted historic period or the museum administration building, if areas-other than an exclusive farm use zone cannot accommodate the museum and related activities or if-the museum administration buildings and parking lot are located within one quarter mile of the-metropolitan urban growth boundary. As used in this paragraph:-(A) “Living history museum” means a facility designed to depict and interpret everyday life and-culture of some specific historic period using authentic buildings, tools, equipment and people to-simulate past activities and events; and-(B) “Local historical society” means the local historical society, recognized as such by the-county governing body and organized under ORS chapter 65.-(v) Operations for the extraction and bottling of water.-(w) An aerial fireworks display business that has been in continuous operation at its current-location within an exclusive farm use zone since December 31, 1986, and possesses a wholesaler’s-permit to sell or provide fireworks.-(x) A landscape contracting business, as defined in ORS 671.520, or a business providing land--scape architecture services, as described in ORS 671.318, if the business is pursued in conjunction-with the growing and marketing of nursery stock on the land that constitutes farm use.-(y) Public or private schools for kindergarten through grade 12, including all buildings essential-to the operation of a school, primarily for residents of the rural area in which the school is located.-(z) Equine and equine-affiliated therapeutic and counseling activities, provided:-(A) The activities are conducted in existing buildings that were lawfully constructed on the-property before January 1, 2019, or in new buildings that are accessory, incidental and subordinate-to the farm use on the tract; and-(B) All individuals conducting therapeutic or counseling activities are acting within the proper-scope of any licenses required by the state.-(aa) Child care facilities, preschool recorded programs or school-age recorded programs that are:-(A) Authorized under ORS 329A.250 to 329A.450;-(B) Primarily for the children of residents and workers of the rural area in which the facility-or program is located; and-(C) Colocated with a community center or a public or private school allowed under this sub--section.-(3) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition),-a single-unit residential dwelling not provided in conjunction with farm use may be established on-a lot or parcel with soils predominantly in capability classes IV through VIII as determined by the-Agricultural Capability Classification System in use by the United States Department of Agriculture-Soil Conservation Service on October 15, 1983. A proposed dwelling is subject to approval of the-governing body or its designee in any area zoned for exclusive farm use upon written findings-showing all of the following:-(a) The dwelling or activities associated with the dwelling will not force a significant change in-or significantly increase the cost of accepted farming practices on nearby lands devoted to farm use.-(b) The dwelling is situated upon generally unsuitable land for the production of farm crops and-[7]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-livestock, considering the terrain, adverse soil or land conditions, drainage and flooding, location-and size of the tract. A lot or parcel shall not be considered unsuitable solely because of its size-or location if it can reasonably be put to farm use in conjunction with other land.-(c) Complies with such other conditions as the governing body or its designee considers neces--sary.-(4) In counties that have adopted marginal lands provisions under ORS 197.247 (1991 Edition),-one single-unit dwelling, not provided in conjunction with farm use, may be established in any area-zoned for exclusive farm use on a lot or parcel described in subsection (7) of this section that is not-larger than three acres upon written findings showing:-(a) The dwelling or activities associated with the dwelling will not force a significant change in-or significantly increase the cost of accepted farming practices on nearby lands devoted to farm use;-(b) If the lot or parcel is located within the Willamette River Greenway, a floodplain or a-geological hazard area, the dwelling complies with conditions imposed by local ordinances relating-specifically to the Willamette River Greenway, floodplains or geological hazard areas, whichever is-applicable; and-(c) The dwelling complies with other conditions considered necessary by the governing body or-its designee.-(5) Upon receipt of an application for a permit under subsection (4) of this section, the governing-body shall notify:-(a) Owners of land that is within 250 feet of the lot or parcel on which the dwelling will be es--tablished; and-(b) Persons who have requested notice of such applications and who have paid a reasonable fee-imposed by the county to cover the cost of such notice.-(6) The notice required in subsection (5) of this section shall specify that persons have 15 days-following the date of postmark of the notice to file a written objection on the grounds only that the-dwelling or activities associated with it would force a significant change in or significantly increase-the cost of accepted farming practices on nearby lands devoted to farm use. If no objection is re--ceived, the governing body or its designee shall approve or disapprove the application. If an ob--jection is received, the governing body shall set the matter for hearing in the manner prescribed in-ORS 215.402 to 215.438. The governing body may charge the reasonable costs of the notice required-by subsection (5)(a) of this section to the applicant for the permit requested under subsection (4) of-this section.-(7) Subsection (4) of this section applies to a lot or parcel lawfully created between January 1,-1948, and July 1, 1983. For the purposes of this section:-(a) Only one lot or parcel exists if:-(A) A lot or parcel described in this section is contiguous to one or more lots or parcels de--scribed in this section; and-(B) On July 1, 1983, greater than possessory interests are held in those contiguous lots, parcels-or lots and parcels by the same person, spouses or a single partnership or business entity, separately-or in tenancy in common.-(b) “Contiguous” means lots, parcels or lots and parcels that have a common boundary, including-but not limited to, lots, parcels or lots and parcels separated only by a public road.-(8) A person who sells or otherwise transfers real property in an exclusive farm use zone may-retain a life estate in a dwelling on that property and in a tract of land under and around the-dwelling.-[8]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(9) No final approval of a nonfarm use under this section shall be given unless any additional-taxes imposed upon the change in use have been paid.-(10) Roads, highways and other transportation facilities and improvements not allowed under-subsections (1) and (2) of this section may be established, subject to the approval of the governing-body or its designee, in areas zoned for exclusive farm use subject to:-(a) Adoption of an exception to the goal related to agricultural lands and to any other applicable-goal with which the facility or improvement does not comply; or-(b) ORS 215.296 for those uses identified by rule of the Land Conservation and Development-Commission as provided in section 3, chapter 529, Oregon Laws 1993.-(11) The following agri-tourism and other commercial events or activities that are related to and-supportive of agriculture may be established in any area zoned for exclusive farm use:-(a) A county may authorize a single agri-tourism or other commercial event or activity on a-tract in a calendar year by an authorization that is personal to the applicant and is not transferred-by, or transferable with, a conveyance of the tract, if the agri-tourism or other commercial event-or activity meets any local standards that apply and:-(A) The agri-tourism or other commercial event or activity is incidental and subordinate to ex--isting farm use on the tract;-(B) The duration of the agri-tourism or other commercial event or activity does not exceed 72-consecutive hours;-(C) The maximum attendance at the agri-tourism or other commercial event or activity does not-exceed 500 people;-(D) The maximum number of motor vehicles parked at the site of the agri-tourism or other-commercial event or activity does not exceed 250 vehicles;-(E) The agri-tourism or other commercial event or activity complies with ORS 215.296;-(F) The agri-tourism or other commercial event or activity occurs outdoors, in temporary-structures, or in existing permitted structures, subject to health and fire and life safety require--ments; and-(G) The agri-tourism or other commercial event or activity complies with conditions established-for:-(i) Planned hours of operation;-(ii) Access, egress and parking;-(iii) A traffic management plan that identifies the projected number of vehicles and any antic--ipated use of public roads; and-(iv) Sanitation and solid waste.-(b) In the alternative to paragraphs (a) and (c) of this subsection, a county may authorize,-through an expedited, single-event license, a single agri-tourism or other commercial event or ac--tivity on a tract in a calendar year by an expedited, single-event license that is personal to the ap--plicant and is not transferred by, or transferable with, a conveyance of the tract. A decision-concerning an expedited, single-event license is not a land use decision, as defined in ORS 197.015.-To approve an expedited, single-event license, the governing body of a county or its designee must-determine that the proposed agri-tourism or other commercial event or activity meets any local-standards that apply, and the agri-tourism or other commercial event or activity:-(A) Must be incidental and subordinate to existing farm use on the tract;-(B) May not begin before 6 a.m. or end after 10 p.m.;-(C) May not involve more than 100 attendees or 50 vehicles;-[9]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(D) May not include the artificial amplification of music or voices before 8 a.m. or after 8 p.m.;-(E) May not require or involve the construction or use of a new permanent structure in con--nection with the agri-tourism or other commercial event or activity;-(F) Must be located on a tract of at least 10 acres unless the owners or residents of adjoining-properties consent, in writing, to the location; and-(G) Must comply with applicable health and fire and life safety requirements.-(c) In the alternative to paragraphs (a) and (b) of this subsection, a county may authorize up to-six agri-tourism or other commercial events or activities on a tract in a calendar year by a limited-use permit that is personal to the applicant and is not transferred by, or transferable with, a-conveyance of the tract. The agri-tourism or other commercial events or activities must meet any-local standards that apply, and the agri-tourism or other commercial events or activities:-(A) Must be incidental and subordinate to existing farm use on the tract;-(B) May not, individually, exceed a duration of 72 consecutive hours;-(C) May not require that a new permanent structure be built, used or occupied in connection-with the agri-tourism or other commercial events or activities;-(D) Must comply with ORS 215.296;-(E) May not, in combination with other agri-tourism or other commercial events or activities-authorized in the area, materially alter the stability of the land use pattern in the area; and-(F) Must comply with conditions established for:-(i) The types of agri-tourism or other commercial events or activities that are authorized during-each calendar year, including the number and duration of the agri-tourism or other commercial-events and activities, the anticipated daily attendance and the hours of operation;-(ii) The location of existing structures and the location of proposed temporary structures to be-used in connection with the agri-tourism or other commercial events or activities;-(iii) The location of access and egress and parking facilities to be used in connection with the-agri-tourism or other commercial events or activities;-(iv) Traffic management, including the projected number of vehicles and any anticipated use of-public roads; and-(v) Sanitation and solid waste.-(d) In addition to paragraphs (a) to (c) of this subsection, a county may authorize agri-tourism-or other commercial events or activities that occur more frequently or for a longer period or that-do not otherwise comply with paragraphs (a) to (c) of this subsection if the agri-tourism or other-commercial events or activities comply with any local standards that apply and the agri-tourism or-other commercial events or activities:-(A) Are incidental and subordinate to existing commercial farm use of the tract and are neces--sary to support the commercial farm uses or the commercial agricultural enterprises in the area;-(B) Comply with the requirements of paragraph (c)(C), (D), (E) and (F) of this subsection;-(C) Occur on a lot or parcel that complies with the acknowledged minimum lot or parcel size;-and-(D) Do not exceed 18 events or activities in a calendar year.-(12) A holder of a permit authorized by a county under subsection (11)(d) of this section must-request review of the permit at four-year intervals. Upon receipt of a request for review, the county-shall:-(a) Provide public notice and an opportunity for public comment as part of the review process;-and-[10]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(b) Limit its review to events and activities authorized by the permit, conformance with condi--tions of approval required by the permit and the standards established by subsection (11)(d) of this-section.-(13) For the purposes of subsection (11) of this section:-(a) A county may authorize the use of temporary structures established in connection with the-agri-tourism or other commercial events or activities authorized under subsection (11) of this sec--tion. However, the temporary structures must be removed at the end of the agri-tourism or other-event or activity. The county may not approve an alteration to the land in connection with an-agri-tourism or other commercial event or activity authorized under subsection (11) of this section,-including, but not limited to, grading, filling or paving.-(b) The county may issue the limited use permits authorized by subsection (11)(c) of this section-for two calendar years. When considering an application for renewal, the county shall ensure com--pliance with the provisions of subsection (11)(c) of this section, any local standards that apply and-conditions that apply to the permit or to the agri-tourism or other commercial events or activities-authorized by the permit.-(c) The authorizations provided by subsection (11) of this section are in addition to other au--thorizations that may be provided by law, except that “outdoor mass gathering” and “other gather--ing,” as those terms are used in ORS 197.015 (10)(d), do not include agri-tourism or other commercial-events and activities.-SECTION 4.- ORS 215.283 is amended to read:-215.283. (1) The following uses may be established in any area zoned for exclusive farm use:-(a) Churches and cemeteries in conjunction with churches.-(b) The propagation or harvesting of a forest product.-(c) Utility facilities necessary for public service, not including commercial facilities for the-purpose of generating electrical power for public use by sale or transmission towers over 200 feet-in height, but including:-(A) Utility facilities as provided in ORS 215.275;-(B) Utility facilities that are associated transmission lines, as defined in ORS 215.274 and-469.300;-(C) Wetland waste treatment systems; or-(D) Facilities and service lines needed to provide water or wastewater services allowed under-ORS 215.256.-(d) A dwelling on real property used for farm use if the dwelling is occupied by a relative of the-farm operator or the farm operator’s spouse, which means a child, parent, stepparent, grandchild,-grandparent, stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either, if the farm-operator does or will require the assistance of the relative in the management of the farm use and-the dwelling is located on the same lot or parcel as the dwelling of the farm operator.-Notwithstanding ORS 92.010 to 92.192 or the minimum lot or parcel size requirements under ORS-215.780, if the owner of a dwelling described in this paragraph obtains construction financing or-other financing secured by the dwelling and the secured party forecloses on the dwelling, the se--cured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure-shall operate as a partition of the homesite to create a new parcel.-(e) Subject to ORS 215.279, primary or accessory dwellings and other buildings customarily-provided in conjunction with farm use.-(f) Operations for the exploration for and production of geothermal resources as defined by ORS-[11]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of-compressors, separators and other customary production equipment for an individual well adjacent-to the wellhead. Any activities or construction relating to such operations shall not be a basis for-an exception under ORS 197.732 (2)(a) or (b).-(g) Operations for the exploration for minerals as defined by ORS 517.750. Any activities or-construction relating to such operations shall not be a basis for an exception under ORS 197.732-(2)(a) or (b).-(h) Climbing and passing lanes within the right of way existing as of July 1, 1987.-(i) Reconstruction or modification of public roads and highways, including the placement of-utility facilities overhead and in the subsurface of public roads and highways along the public right-of way, but not including the addition of travel lanes, where no removal or displacement of buildings-would occur, or no new land parcels result.-(j) Temporary public road and highway detours that will be abandoned and restored to original-condition or use at such time as no longer needed.-(k) Minor betterment of existing public road and highway related facilities such as maintenance-yards, weigh stations and rest areas, within right of way existing as of July 1, 1987, and contiguous-public-owned property utilized to support the operation and maintenance of public roads and high--ways.-(L) A replacement dwelling to be used in conjunction with farm use if the existing dwelling has-been classified as historic property as described in ORS 358.487 (4).-(m) Creation, restoration or enhancement of wetlands.-(n) A winery, as described in ORS 215.452 or 215.453.-(o) Farm stands if:-(A) The structures are designed and used for the sale of farm crops or livestock grown on the-farm operation, or grown on the farm operation and other farm operations in the local agricultural-area, including the sale of retail incidental items and fee-based activity to promote the sale of farm-crops or livestock sold at the farm stand if the annual sale of incidental items and fees from pro--motional activity do not make up more than 25 percent of the total annual sales of the farm stand;-and-(B) The farm stand does not include structures designed for occupancy as a residence or for-activity other than the sale of farm crops or livestock and does not include structures for banquets,-public gatherings or public entertainment.-(p) Alteration, restoration or replacement of a lawfully established dwelling, as described in ORS-215.291 or section 2 of this 2026 Act .-(q) A site for the takeoff and landing of model aircraft, including such buildings or facilities as-may reasonably be necessary. Buildings or facilities shall not be more than 500 square feet in floor-area or placed on a permanent foundation unless the building or facility preexisted the use approved-under this paragraph. The site shall not include an aggregate surface or hard surface area unless-the surface preexisted the use approved under this paragraph. An owner of property used for the-purpose authorized in this paragraph may charge a person operating the use on the property rent-for the property. An operator may charge users of the property a fee that does not exceed the-operator’s cost to maintain the property, buildings and facilities. As used in this paragraph, “model-aircraft” means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is-used or intended to be used for flight and is controlled by radio, lines or design by a person on the-ground.-[12]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-(r) A facility for the processing of farm products as described in ORS 215.255.-(s) Fire service facilities providing rural fire protection services.-(t) Irrigation reservoirs, canals, delivery lines and those structures and accessory operational-facilities, not including parks or other recreational structures and facilities, associated with a dis--trict as defined in ORS 540.505.-(u) Utility facility service lines. Utility facility service lines are utility lines and accessory fa--cilities or structures that end at the point where the utility service is received by the customer and-that are located on one or more of the following:-(A) A public right of way;-(B) Land immediately adjacent to a public right of way, provided the written consent of all ad--jacent property owners has been obtained; or-(C) The property to be served by the utility.-(v) Subject to the issuance of a license, permit or other approval by the Department of Envi--ronmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with-rules adopted under ORS 468B.095, and as provided in ORS 215.246 to 215.251, the land application-of reclaimed water, agricultural or industrial process water or biosolids, or the onsite treatment of-septage prior to the land application of biosolids, for agricultural, horticultural or silvicultural pro--duction, or for irrigation in connection with a use allowed in an exclusive farm use zone under this-chapter. For the purposes of this paragraph, onsite treatment of septage prior to the land application-of biosolids is limited to treatment using treatment facilities that are portable, temporary and-transportable by truck trailer, as defined in ORS 801.580, during a period of time within which land-application of biosolids is authorized under the license, permit or other approval.-(w) A county law enforcement facility that lawfully existed on August 20, 2002, and is used to-provide rural law enforcement services primarily in rural areas, including parole and post-prison-supervision, but not including a correctional facility as defined under ORS 162.135.-(x) Dog training classes or testing trials, which may be conducted outdoors or in preexisting-farm buildings, when:-(A) The number of dogs participating in training does not exceed 10 dogs per training class and-the number of training classes to be held on-site does not exceed six per day; and-(B) The number of dogs participating in a testing trial does not exceed 60 and the number of-testing trials to be conducted on-site is limited to four or fewer trials per calendar year.-(y) A cider business, as described in ORS 215.451.-(z) A farm brewery, as described in ORS 215.449.-(2) The following nonfarm uses may be established, subject to the approval of the governing body-or its designee in any area zoned for exclusive farm use subject to ORS 215.296:-(a) Commercial activities that are in conjunction with farm use, including the processing of farm-crops into biofuel not permitted under ORS 215.203 (2)(b)(K) or 215.255.-(b) Operations conducted for:-(A) Mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas-as defined by ORS 520.005 not otherwise permitted under subsection (1)(f) of this section;-(B) Mining, crushing or stockpiling of aggregate and other mineral and other subsurface re--sources subject to ORS 215.298;-(C) Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement; and-(D) Processing of other mineral resources and other subsurface resources.-(c) Private parks, playgrounds, hunting and fishing preserves and campgrounds. Subject to the-[13]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-approval of the county governing body or its designee, a private campground may provide yurts for-overnight camping. No more than one-third or a maximum of 10 campsites, whichever is smaller,-may include a yurt. The yurt shall be located on the ground or on a wood floor with no permanent-foundation. Upon request of a county governing body, the Land Conservation and Development-Commission may provide by rule for an increase in the number of yurts allowed on all or a portion-of the campgrounds in a county if the commission determines that the increase will comply with the-standards described in ORS 215.296 (1). As used in this paragraph, “yurt” means a round, domed-shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hookup or-internal cooking appliance.-(d) Parks and playgrounds. A public park may be established consistent with the provisions of-ORS 195.120.-(e) Community centers owned by a governmental agency or a nonprofit community organization-and operated primarily by and for residents of the local rural community. A community center au--thorized under this paragraph may provide services to veterans, including but not limited to emer--gency and transitional shelter, preparation and service of meals, vocational and educational-counseling and referral to local, state or federal agencies providing medical, mental health, disability-income replacement and substance abuse services, only in a facility that is in existence on January-1, 2006. The services may not include direct delivery of medical, mental health, disability income-replacement or substance abuse services.-(f) Golf courses on land:-(A) Determined not to be high-value farmland, as defined in ORS 195.300 (10); or-(B) Determined to be high-value farmland described in ORS 195.300 (10)(c) if the land:-(i) Is not otherwise described in ORS 195.300 (10);-(ii) Is surrounded on all sides by an approved golf course; and-(iii) Is west of U.S. Highway 101.-(g) Commercial utility facilities for the purpose of generating power for public use by sale. If the-area zoned for exclusive farm use is high-value farmland, a photovoltaic solar power generation fa--cility may be established as a commercial utility facility as provided in ORS 215.447. A renewable-energy facility as defined in ORS 215.446 may be established as a commercial utility facility.-(h) Personal-use airports for airplanes and helicopter pads, including associated hangar, main--tenance and service facilities. A personal-use airport, as used in this section, means an airstrip re--stricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional-basis, by invited guests, and by commercial aviation activities in connection with agricultural op--erations. No aircraft may be based on a personal-use airport other than those owned or controlled-by the owner of the airstrip. Exceptions to the activities permitted under this definition may be-granted through waiver action by the Oregon Department of Aviation in specific instances. A-personal-use airport lawfully existing as of September 13, 1975, shall continue to be permitted sub--ject to any applicable rules of the Oregon Department of Aviation.-(i) Home occupations as provided in ORS 215.448.-(j) A facility for the primary processing of forest products, provided that such facility is found-to not seriously interfere with accepted farming practices and is compatible with farm uses de--scribed in ORS 215.203 (2). Such a facility may be approved for a one-year period which is-renewable. These facilities are intended to be only portable or temporary in nature. The primary-processing of a forest product, as used in this section, means the use of a portable chipper or stud-mill or other similar methods of initial treatment of a forest product in order to enable its shipment-[14]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-to market. Forest products, as used in this section, means timber grown upon a parcel of land or-contiguous land where the primary processing facility is located.-(k) A site for the disposal of solid waste approved by the governing body of a city or county or-both and for which a permit has been granted under ORS 459.245 by the Department of Environ--mental Quality together with equipment, facilities or buildings necessary for its operation.-(L) One manufactured dwelling or recreational vehicle, or the temporary residential use of an-existing building, in conjunction with an existing dwelling as a temporary use for the term of a-hardship suffered by the existing resident or a relative of the resident. Within three months of the-end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demol--ished or, in the case of an existing building, the building shall be removed, demolished or returned-to an allowed nonresidential use. The governing body or its designee shall provide for periodic re--view of the hardship claimed under this paragraph. A temporary residence approved under this-paragraph is not eligible for replacement under subsection (1)(p) of this section.-(m) Transmission towers over 200 feet in height.-(n)(A) Commercial dog boarding kennels; or-(B) Dog training classes or testing trials that cannot be established under subsection (1)(x) of-this section.-(o) Residential homes as defined in ORS 197.660, in existing dwellings.-(p) The propagation, cultivation, maintenance and harvesting of aquatic species that are not-under the jurisdiction of the State Fish and Wildlife Commission or insect species. Insect species-shall not include any species under quarantine by the State Department of Agriculture or the United-States Department of Agriculture. The county shall provide notice of all applications under this-paragraph to the State Department of Agriculture. Notice shall be provided in accordance with the-county’s land use regulations but shall be mailed at least 20 calendar days prior to any administra--tive decision or initial public hearing on the application.-(q) Construction of additional passing and travel lanes requiring the acquisition of right of way-but not resulting in the creation of new land parcels.-(r) Reconstruction or modification of public roads and highways involving the removal or dis--placement of buildings but not resulting in the creation of new land parcels.-(s) Improvement of public road and highway related facilities, such as maintenance yards, weigh-stations and rest areas, where additional property or right of way is required but not resulting in-the creation of new land parcels.-(t) A destination resort that is approved consistent with the requirements of any statewide-planning goal relating to the siting of a destination resort.-(u) Room and board arrangements for a maximum of five unrelated persons in existing resi--dences.-(v) Operations for the extraction and bottling of water.-(w) Expansion of existing county fairgrounds and activities directly relating to county-fairgrounds governed by county fair boards established pursuant to ORS 565.210.-(x) A living history museum related to resource based activities owned and operated by a gov--ernmental agency or a local historical society, together with limited commercial activities and fa--cilities that are directly related to the use and enjoyment of the museum and located within-authentic buildings of the depicted historic period or the museum administration building, if areas-other than an exclusive farm use zone cannot accommodate the museum and related activities or if-the museum administration buildings and parking lot are located within one quarter mile of an ur--[15]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-ban growth boundary. As used in this paragraph:-(A) “Living history museum” means a facility designed to depict and interpret everyday life and-culture of some specific historic period using authentic buildings, tools, equipment and people to-simulate past activities and events; and-(B) “Local historical society” means the local historical society recognized by the county gov--erning body and organized under ORS chapter 65.-(y) An aerial fireworks display business that has been in continuous operation at its current-location within an exclusive farm use zone since December 31, 1986, and possesses a wholesaler’s-permit to sell or provide fireworks.-(z) A landscape contracting business, as defined in ORS 671.520, or a business providing land--scape architecture services, as described in ORS 671.318, if the business is pursued in conjunction-with the growing and marketing of nursery stock on the land that constitutes farm use.-(aa) Public or private schools for kindergarten through grade 12, including all buildings essential-to the operation of a school, primarily for residents of the rural area in which the school is located.-(bb) Equine and equine-affiliated therapeutic and counseling activities, provided:-(A) The activities are conducted in existing buildings that were lawfully constructed on the-property before January 1, 2019, or in new buildings that are accessory, incidental and subordinate-to the farm use on the tract; and-(B) All individuals conducting therapeutic or counseling activities are acting within the proper-scope of any licenses required by the state.-(cc) Guest ranches in eastern Oregon, as described in ORS 215.461.-(dd) Child care facilities, preschool recorded programs or school-age recorded programs that are:-(A) Authorized under ORS 329A.250 to 329A.450;-(B) Primarily for the children of residents and workers of the rural area in which the facility-or program is located; and-(C) Colocated with a community center or a public or private school allowed under this sub--section.-(3) Roads, highways and other transportation facilities and improvements not allowed under-subsections (1) and (2) of this section may be established, subject to the approval of the governing-body or its designee, in areas zoned for exclusive farm use subject to:-(a) Adoption of an exception to the goal related to agricultural lands and to any other applicable-goal with which the facility or improvement does not comply; or-(b) ORS 215.296 for those uses identified by rule of the Land Conservation and Development-Commission as provided in section 3, chapter 529, Oregon Laws 1993.-(4) The following agri-tourism and other commercial events or activities that are related to and-supportive of agriculture may be established in any area zoned for exclusive farm use:-(a) A county may authorize a single agri-tourism or other commercial event or activity on a-tract in a calendar year by an authorization that is personal to the applicant and is not transferred-by, or transferable with, a conveyance of the tract, if the agri-tourism or other commercial event-or activity meets any local standards that apply and:-(A) The agri-tourism or other commercial event or activity is incidental and subordinate to ex--isting farm use on the tract;-(B) The duration of the agri-tourism or other commercial event or activity does not exceed 72-consecutive hours;-(C) The maximum attendance at the agri-tourism or other commercial event or activity does not-[16]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-exceed 500 people;-(D) The maximum number of motor vehicles parked at the site of the agri-tourism or other-commercial event or activity does not exceed 250 vehicles;-(E) The agri-tourism or other commercial event or activity complies with ORS 215.296;-(F) The agri-tourism or other commercial event or activity occurs outdoors, in temporary-structures, or in existing permitted structures, subject to health and fire and life safety require--ments; and-(G) The agri-tourism or other commercial event or activity complies with conditions established-for:-(i) Planned hours of operation;-(ii) Access, egress and parking;-(iii) A traffic management plan that identifies the projected number of vehicles and any antic--ipated use of public roads; and-(iv) Sanitation and solid waste.-(b) In the alternative to paragraphs (a) and (c) of this subsection, a county may authorize,-through an expedited, single-event license, a single agri-tourism or other commercial event or ac--tivity on a tract in a calendar year by an expedited, single-event license that is personal to the ap--plicant and is not transferred by, or transferable with, a conveyance of the tract. A decision-concerning an expedited, single-event license is not a land use decision, as defined in ORS 197.015.-To approve an expedited, single-event license, the governing body of a county or its designee must-determine that the proposed agri-tourism or other commercial event or activity meets any local-standards that apply, and the agri-tourism or other commercial event or activity:-(A) Must be incidental and subordinate to existing farm use on the tract;-(B) May not begin before 6 a.m. or end after 10 p.m.;-(C) May not involve more than 100 attendees or 50 vehicles;-(D) May not include the artificial amplification of music or voices before 8 a.m. or after 8 p.m.;-(E) May not require or involve the construction or use of a new permanent structure in con--nection with the agri-tourism or other commercial event or activity;-(F) Must be located on a tract of at least 10 acres unless the owners or residents of adjoining-properties consent, in writing, to the location; and-(G) Must comply with applicable health and fire and life safety requirements.-(c) In the alternative to paragraphs (a) and (b) of this subsection, a county may authorize up to-six agri-tourism or other commercial events or activities on a tract in a calendar year by a limited-use permit that is personal to the applicant and is not transferred by, or transferable with, a-conveyance of the tract. The agri-tourism or other commercial events or activities must meet any-local standards that apply, and the agri-tourism or other commercial events or activities:-(A) Must be incidental and subordinate to existing farm use on the tract;-(B) May not, individually, exceed a duration of 72 consecutive hours;-(C) May not require that a new permanent structure be built, used or occupied in connection-with the agri-tourism or other commercial events or activities;-(D) Must comply with ORS 215.296;-(E) May not, in combination with other agri-tourism or other commercial events or activities-authorized in the area, materially alter the stability of the land use pattern in the area; and-(F) Must comply with conditions established for:-(i) The types of agri-tourism or other commercial events or activities that are authorized during-[17]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-each calendar year, including the number and duration of the agri-tourism or other commercial-events and activities, the anticipated daily attendance and the hours of operation;-(ii) The location of existing structures and the location of proposed temporary structures to be-used in connection with the agri-tourism or other commercial events or activities;-(iii) The location of access and egress and parking facilities to be used in connection with the-agri-tourism or other commercial events or activities;-(iv) Traffic management, including the projected number of vehicles and any anticipated use of-public roads; and-(v) Sanitation and solid waste.-(d) In addition to paragraphs (a) to (c) of this subsection, a county may authorize agri-tourism-or other commercial events or activities that occur more frequently or for a longer period or that-do not otherwise comply with paragraphs (a) to (c) of this subsection if the agri-tourism or other-commercial events or activities comply with any local standards that apply and the agri-tourism or-other commercial events or activities:-(A) Are incidental and subordinate to existing commercial farm use of the tract and are neces--sary to support the commercial farm uses or the commercial agricultural enterprises in the area;-(B) Comply with the requirements of paragraph (c)(C), (D), (E) and (F) of this subsection;-(C) Occur on a lot or parcel that complies with the acknowledged minimum lot or parcel size;-and-(D) Do not exceed 18 events or activities in a calendar year.-(5) A holder of a permit authorized by a county under subsection (4)(d) of this section must re--quest review of the permit at four-year intervals. Upon receipt of a request for review, the county-shall:-(a) Provide public notice and an opportunity for public comment as part of the review process;-and-(b) Limit its review to events and activities authorized by the permit, conformance with condi--tions of approval required by the permit and the standards established by subsection (4)(d) of this-section.-(6) For the purposes of subsection (4) of this section:-(a) A county may authorize the use of temporary structures established in connection with the-agri-tourism or other commercial events or activities authorized under subsection (4) of this section.-However, the temporary structures must be removed at the end of the agri-tourism or other event-or activity. The county may not approve an alteration to the land in connection with an agri-tourism-or other commercial event or activity authorized under subsection (4) of this section, including, but-not limited to, grading, filling or paving.-(b) The county may issue the limited use permits authorized by subsection (4)(c) of this section-for two calendar years. When considering an application for renewal, the county shall ensure com--pliance with the provisions of subsection (4)(c) of this section, any local standards that apply and-conditions that apply to the permit or to the agri-tourism or other commercial events or activities-authorized by the permit.-(c) The authorizations provided by subsection (4) of this section are in addition to other au--thorizations that may be provided by law, except that “outdoor mass gathering” and “other gather--ing,” as those terms are used in ORS 197.015 (10)(d), do not include agri-tourism or other commercial-events and activities.-SECTION 5.- ORS 215.755 is amended to read:-[18]-A-Eng. SB 1561-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-215.755. [Subject to the approval of the governing body or its designee, the following dwellings may-be established ] In any area zoned for forest use under a land use planning goal protecting forestland,-provided that the requirements of the acknowledged comprehensive plan, land use regulations and-other applicable provisions of law are met , the county may approve :-(1) The alteration, restoration or replacement of a lawfully established dwelling, as described-in ORS 215.291 or section 2 of this 2026 Act .-(2) The siting of one manufactured dwelling or recreational vehicle, or the temporary use of-an existing building, in conjunction with an existing dwelling as a temporary use for the term of a-hardship suffered by the existing resident or a relative of the resident. Within three months of the-end of the hardship, the manufactured dwelling or recreational vehicle shall be removed or demol--ished or, in the case of an existing building, the building shall be removed, demolished or returned-to an allowed nonresidential use. The governing body or its designee shall provide for periodic re--view of the hardship claimed under this subsection. A temporary dwelling established under this-section [ shall] does not qualify for replacement under the provisions of subsection (1) of this section.-(3) The establishment of caretaker residences for public parks and public fish hatcheries.-[19]+SB 1561-3+(LC 96)+2/9/26 (RLM/ps)+Requested by Senator WEBER+PROPOSED AMENDMENTS TO+SENATE BILL 1561+On page 1+ of the printed bill, delete lines 25 through 27 and insert:+“(D) Comply with applicable building codes that were in effect on the date+the dwelling was damaged or destroyed.”.
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