Or. Admin. Code § 350-082-0580

Current through Register Vol. 63, No. 11, November 1, 2024
Section 350-082-0580 - Buffer Zones
(1) Many standards in this land use ordinance contain requirements for buffer zones for specific development and land uses and to protect scenic, cultural, natural, and recreation resources and agricultural and forest uses and land that are not listed in 350-082-0580.
(2) Agricultural Buffer Zones in the GMA
(a) All new buildings in the GMA shall comply with the setbacks in 350-082-0580 Table 1 - Setback Guidelines when proposed to be located on a parcel adjacent to lands that are designated Large-Scale Agriculture or Small-Scale Agriculture and are currently used for agricultural use.
(b) New buildings adjacent to lands designated Large-Scale Agriculture or Small-Scale Agriculture that are suitable, but currently not used for agriculture, shall use the open or fenced setback associated with the dominant type of agriculture in the vicinity. If a vegetation barrier, eight-foot berm, or terrain barrier exists, the corresponding setback shall apply. If more than one type of agriculture is dominant, the setback shall be the larger width.
(c) Earth berms may be used to satisfy, in part, the setback guidelines. The berm shall be a minimum of eight feet in height and contoured at 3:1 slopes to look natural. Shrubs, trees, or grasses shall be employed on the berm to control erosion and achieve a finished height of 15 feet.
(d) The planting of a continuous vegetative screen may be used to satisfy, in part, the setback guidelines. Trees shall be at least six feet high when planted and reach an ultimate height of at least 15 feet. The vegetation screen shall be planted along the appropriate parcel line(s) and shall be continuous.
(e) The necessary berm or planting shall be completed during the first phase of development and maintained in good condition.
(f) If several crops or crop rotation is involved in the adjacent operation, the greater setback shall apply.
(g) The Executive Director may grant a variance to the buffer guidelines upon a demonstration that the variance guidelines in 350-082-0590 have been satisfied.
(3) Buffers from Existing Recreation Sites. If new buildings or structures may detract from the use and enjoyment of established recreation sites, an appropriate buffer shall be established between the building or structure and the parcel.

§ 350-082-0580 Table 1 - Setback Guidelines

Type of Agriculture

Type of Buffer (Size in Feet)

Open or Fenced

Natural or Created Vegetation Barrier

8-foot Berm or Terrain Barrier

Orchards

250

100

75

Row Crops

300

100

75

Livestock grazing; pasture; haying

100

15

20

Grains

200

75

50

Berries, vineyards

150

50

30

Other

100

50

30

Or. Admin. Code § 350-082-0580

CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c), 16 USC § 544f(l)

Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c), 16 USC § 544f(l)