Understanding Oregon Land Use Planning and the Measure 49 Reality

Rural Property Rights: Navigating Oregon Land Use and Zoning Regulations

If you are looking to buy or sell rural property, farmland, or acreage in Clackamas County or Washington County, you are dealing with one of the most unique land regulation systems in the nation. Oregon land use laws are designed to protect agricultural ground, timberland, and natural resources from urban sprawl.

Whether you want to build a custom estate in Wilsonville, add a second home on rural acreage, or establish a small hobby farm in Oregon City, understanding local zoning laws is essential.

Exclusive Farm Use Zoning and Property Restrictions Much of the rural land surrounding the Portland metro area is zoned as Exclusive Farm Use or Forest Template land.

• Building Limits: You cannot automatically build a residential home on a parcel of land simply because you own it. The land must meet specific historical income thresholds from farming or qualify for a residential dwelling template based on surrounding parcels.
• Farm Deferrals: Properties actively engaged in commercial agriculture or timber management can qualify for farm property tax deferrals, significantly reducing annual property tax expenses.

How Measure 49 Affects Property Owners Passed by Oregon voters to modify previous land use laws, Measure 49 allows specific qualifying landowners to claim rights for small scale residential home site approvals.

• Home Site Approvals: Measure 49 provides a path for long term landowners to establish one to three residential home sites on property that was previously restricted by updated agricultural zoning.
• Transferring Property: When buying rural land, verifying whether previous owners established approved Measure 49 claims or farm dwelling permits is critical to ensuring you can legally build.

Frequently Asked Questions

• Can you build a house on Exclusive Farm Use land in Clackamas County? You can build a home on Exclusive Farm Use land only if the property qualifies for a farm dwelling permit based on agricultural income, or if it meets historical parcel template requirements through the county planning department.
• What is an Oregon farm tax deferral? A farm tax deferral reduces your annual property tax bill by assessing the land based on its agricultural value rather than its potential real market residential value, provided you meet annual farm gross income requirements.
• Do Measure 49 claims transfer to a new buyer when land is sold? Yes, if a Measure 49 claim was formally approved and recorded with the county, specific home site authorization rights can transfer to the new property owner, subject to county timeline conditions.

Planning to buy or sell rural acreage in Oregon? We understand local planning departments and land use laws thoroughly.

Call us today to evaluate your rural property goals!

Call: (503) 300-6614