Preliminary Findings and Conclusions. Umatilla County EFU-10, EFU-20 and EFU-40 Zone Go-below Application

Transcription

1 Preliminary Findings and Conclusions Umatilla County EFU-10, EFU-20 and EFU-40 Zone Go-below Application Umatilla County seeks to amend the Comprehensive Plan to allow the creation of parcels less than 80 acres in size in the EFU-10, EFU-20 and EFU-40 Exclusive Farm Use Zones. The EFU-10, EFU-20 and EFU-40 Zones were acknowledged by the Land Conservation & Development Commission in However, since 1993 when the Oregon Legislature adopted House Bill 3661, landowners have been restricted to the County s adopted 160 -acre minimum lot size in the EFU Zone. I. Background - Recent History/Public Interest in a Go- Below In 2007, after completion of Periodic Review, Umatilla County embarked on a major update of the Exclusive Farm Use Zone with the purpose of bringing the code into compliance with Oregon Revised Statute Chapter 215 and other legislative changes. As part of that update, the County proposed a 160-acre minimum lot size for all EFU zones, thus creating a single EFU zone and eliminating the EFU-10-, EFU-20 and EFU-40 zones. The EFU minimum lot size in Umatilla County is 160 acres. That 160-acre minimum has been in effect since the County Plan was acknowledged in The State minimum parcel size for lands zoned EFU is at least 80 acres. 1 The only exception to those statutory minimum lot sizes are set forth is ORS (2) which is the subject of this application. During the 2007 public hearings when the County proposed eliminating the EFU-10, EFU-20 and EFU-40 Zones a number of landowners expressed their dissatisfaction with the effective downzone and expressed their interest in re-establishing the EFU -10, -20 and -40 acre minimum in the respective EFU Zones. Based on public input, Planning Commission withdrew the 160-acre minimum component of the update and directed staff to study the issue and assess the feasibility of a go-below application. In 2008, the County hired Bruce Sorte, Oregon State University Economist, to assist with the gobelow analysis. In the Spring of 2009, Mr. Sorte and a team from OSU Extension Service finalized their report entitled Minimum Parcel Size for Viable Adaptive Farms in Umatilla County: An Economic Analysis. (See Exhibits 1 and 2). In summary, the report found that smaller parcels, -10, -20 and -40 acre parcels, were large enough to sustain a viable commercial agricultural enterprise. 1 ORS Minimum lot or parcel sizes; land division to establish a dwelling; recordation. (1) Except as provided in subsection (2) of this section, the following minimum lot or parcel sizes apply to all counties: (a) For land zoned for exclusive farm use and not designated rangeland, at lest 80 acres; (b) For land zoned for exclusive farm use and designated rangeland, at least 160 acres; and (c) For land designated forestland, at least 80 acres. Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 1 of 15

2 Staff then conducted a survey of landowners to gauge support for a go-below application. (See Exhibit 3). Results showed that the landowners were still supportive of a go-below application. In September 2009, Planning Commission directed staff to move forward with a go-below application as time permitted. II. Summary of Comprehensive Plan and Zoning Designations The Umatilla County Comprehensive Plan, acknowledged in 1985, includes four categories of Exclusive Farm Use (EFU) zoning. The majority of the County is zoned EFU with a 160-acre minimum lot size. Certain regions however, were identified for certain unique features and were given special EFU Comprehensive Plan designation and zoning, including the Orchards District, the Special Agriculture Area and the West County Irrigation District. Chapter 18 of the Comprehensive Plan includes a description of land use classifications in the County. Pages through describe the three special agriculture regions (See Exhibit 4). Special agricultural regions are located primarily in the western and the northeast region of the County. There is also a smaller area in central County that includes special agricultural areas. Comprehensive Plan maps in Exhibit 5 show the location of the special agricultural areas in relation to other zoning in the County. After the Comprehensive Plan was acknowledged, the County adopted a zoning designation for all lands. The zoning applied to the Orchards District, Special Agriculture Area and West County Irrigation included EFU-10, EFU-20 and EFU-40 respectively. Those zones are depicted on maps in attached Exhibit 6. Zoning applied to farm parcels within the three regions provided for a minimum parcel size of 10, 20 and 40 acres. A summary of the three special EFU Plan Designations follows. Orchards District The Orchards District designation includes lands with high-intensity farm use, primarily orchards and vineyards around the Milton-Freewater area. There are also some smaller pasture lots and row crops interspersed throughout the Orchards District. Parcelization of 5 to 18 acre farm units began in the early 1900 s. In this area a acre tract is a profitable, full-time commercial farm unit. Zoning in the Orchards District Plan Designation includes the EFU-10 Zone. Special Agriculture Area Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 2 of 15

3 The Special Agriculture Comprehensive Plan Designation was applied to lands with more intensive rural agriculture, smaller scale commercial farm enterprises. The pattern of development at the time of acknowledgement included medium to small farm units where the potential per acre productivity was greater in the smaller, more intensively managed farm. A number of conditions were characteristic, including a variety of more productive soil types, a range of parcels sizes; potential for hobby or small farming units, special terrain, land management and the possibility of enough water for supplemental irrigation. Notably, the Special Agriculture Area Plan Designation included areas where consolidation of smaller parcels [was] almost impossible because of numerous individual ownerships. 2 Farmland in the Special Agriculture Area Plan Designation is zoned EFU-20. West County Irrigation District West County Irrigation District Plan Designation was given to all lands within the Stanfield Irrigation District and to portions of the Hermiston and Westland Irrigation Districts. The designation recognized historic parcelization patterns as of the early 1980 s. At the time of acknowledgement, farm enterprises in this area included a mixture of more self-supporting specialty crops like mint, asparagus, melons and onions. 3 Farm lands in the Stanfield Irrigation District were recognized as unique and different from adjacent wheat/fallow farmland because smaller scale farms are made possible by irrigation and have been the practice for nearly 60 years. 4 Those findings in the Plan remain valid today. The smaller parcels and smaller farms have been in place for nearly one hundred years. Farmland in the West County Irrigation District Plan Designation is zoned EFU Comprehensive Plan, Chapter 18, page Comprehensive Plan Chapter 18, page Ibid page 23. Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 3 of 15

4 III. Data Analysis A database of all lands proposed for the go-below (EFU-10, EFU -20 and EFU-40 Zones) is identified in Exhibit 5. A summary of the parcels is below. Parcel data is from County Assessor Records as of September 19, The purpose of this section is to illustrate the type and extent of parcels within the go-below area and the relative minor impact approval of a gobelow would have on the overall inventory of farmland in Umatilla County. EFU 10 Zoned Parcels Comprehensive Plan Designation Total Acreage 8, acres Orchards District Total Parcels 1,250 Range of Parcel Size acres Number of Parcels over 80 acres 1 Number of Parcels over 20 acres 72 Number of Parcels over 160 acres 0 Average Parcel Size 6.94 acres Potential New Parcels 119 EFU 20 Parcels Comprehensive Plan Designation Total Acreage 5, acres Special Agriculture Area Total Parcels 280 Range of Parcel Size acres Number of Parcels over 80 acres 6 Number of Parcels over 20 acres 88 Number of Parcels over 160 acres 0 Average Parcel Size acres Potential New Parcels 58 EFU 40 Parcels Comprehensive Plan Designation Total Acreage 17, acres West Co. Irrigation District Total Parcels 546 Range of Parcel Size acres Number of Parcels over 80 acres 38 Number of Parcels over 160 acres 11 Average Parcel Size Potential New Parcels 87 Note: One parcel in the EFU 40 Zone is owned by BLM, a 318 acre parcel (Account # ). However, deleting this parcel would only change the average parcel size in this area by about 0.5 acres, to acres. Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 4 of 15

5 Data Summary Combined Totals Total Acreage 31, acres Total Parcels 2,076 Number of Parcels over 80 acres 45 Number of Parcels over 160 acres 11 Average Parcel Size acres Potential New Parcels 264 Total EFU Acreage in Umatilla County Exclusive Farm Use Zone Grazing Farm Zone (mixed farm/forest zoning) Total 1,065,650.3 acres 341,230.6 acres 1,438,448.9 acres Total Acreage in Go-Below 31,568 (EFU-10, EFU-20, EFU-40 zoned parcels) % of Total Resource Zoning 2.1% % of Total EFU Zoned Land 2.8% % of Farm Land zoned 160 acre minimum 97.81% Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 5 of 15

6 IV. Compliance with Oregon Administrative Rule In the State of Oregon, ORS (1) requires at least an 80 acre minimum parcel size for land zoned Exclusive Farm Use. A county may adopt a lower minimum lot or parcel size by following the requirements set forth in ORS (2) and more specifically in Oregon Administrative Rule Umatilla County has prepared Findings to demonstrate that the acknowledged EFU-10, EFU-20 and EFU-40 zoned lands are in compliance with OAR The applicable OAR is shown below in bold text, followed by Findings in standard text. Applicable Criteria of Approval OAR (1)-(9) provides the criteria of approval for adopting a minimum parcel size lower than that required by Oregon law and regulations as follows: OAR Minimum Parcel Size Requirements (1) Counties shall establish minimum sizes for new parcels for land zoned for exclusive farm use. For land not designated rangeland, the minimum parcel size shall be at least 80 acres. For land designated rangeland, the minimum parcel size shall be at least 160 acres. This criterion does not apply to the proposed go-below. However, it is worth noting, that Umatilla County minimum lot size complies with this Administrative Rule. The minimum lot size for the EFU Zone is 160 acres. That includes the majority of EFU zoning in the county, over 97% as noted in Section III above. Umatilla County has established three other minimum lot sizes for lands zoned exclusive farm use. The four lot sizes include a 10 acre minimum lot size in the EFU-10 zone, a 20 acre minimum lot size in the EFU-20 Zone, and a 40 acre minimum lot size in the EFU-40 acre zone. Again, the majority of lands zoned EFU have a 160 acre minimum lot size. There is a total of 1,065,650 acres in the EFU zone. There are 31, 568 acres in the other EFU zones that allow for smaller minimum lot sizes. As a percentage, the lands within the EFU-10, -20 and -40 zones comprise less than three percent of the total lands zoned EFU in Umatilla County. This percentage is even lower when compared to all rural lands in Umatilla County, including federally-owned lands, exception areas and lands within urban growth boundaries. Umatilla County does not have any land designated as rangeland. The County does have a mixed farm (Goal 3) and forest (Goal 4) zone, the Grazing Farm Zone. The minimum lot size in the GF Zone is 160 acres. The zoning and minimum parcel size was identified in the Comprehensive Plan which was acknowledged in The above stated criterion (1) does not apply to this go below request but is addressed to provide Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 6 of 15

7 a better understanding of the EFU Zoning in the County and to provide context for the go below proposal. (2) A county may adopt a minimum parcel size lower than that described in section (1) of this rule by demonstrating to the Commission that it can do so while continuing to meet the requirements of ORS and that the parcel size below the 80 or 160 minimum sizes are appropriate to maintain the existing commercial agricultural enterprise within an area. This standard is intended to prevent division of farmland into parcels that are too small to contribute to commercial agriculture in an area. This standard does not require that every new parcel created be as large as existing farms or ranches in the area. The minimum parcel size may allow creation of parcels smaller than the size of existing farms or ranches. However, the minimum parcel size shall be large enough to keep commercial farms and ranches in the area successful and not contribute to their decline. Lots or parcels used, or to be used, for training or stabling facilities shall not be considered appropriate to maintain the existing commercial agricultural enterprise in any area where other types of agriculture occur. The County s minimum parcel sizes of 10, 20 and 40 acres met the requirement of ORS when the Plan and Zoning Ordinance was acknowledged by the Land Conservation Development Commission in The characteristics of those areas have not changed materially since acknowledgement and therefore the minimum parcel sizes relevant today. For example, a significant reason for the smaller acreage zoning in the original Plan was to recognize the historical parcelization and the unique crops and farming of the designated areas. The attached Comprehensive Plan Chapter 18 (See Exhibit 4) describes the parcels and otherwise shows how the proposed go-below areas comply with this standard. Additionally, the proposed go-below complies with the requirements of ORS in the following ways: (1) The zoning remains Exclusive Farm Use. The parcels remain open land areas used for the growing of agricultural crops. (2) The 2009 Report by OSU Extension supports the continuation of smaller parcel sizes in order to allow for flexibility in farming practices while maintaining adequate protection of farm land in the County. See attached Exhibit 1. (3) Parcelization patterns were established long before land use planning began. The parcelization, for the most part, has not changed noticeably since the Comprehensive Plan was acknowledged. Minor parcelization (partitioning of lands within the three zones) continued until 1993 when the State adopted an 80 acre minimum. (4) Data shown in Section IV above is evidence of the parcelization of the areas. (5) Build out of existing larger parcels will not have a negative impact on farming in the subject areas or on farming in the County. This is true based on the fact that farming and Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 7 of 15

8 land use patterns in the three sub regions have existed harmoniously long before acknowledgement. (6) Approval of the go-below will not result in an expansion of urban development as the subject property will remain EFU. The subject areas and parcels within those areas will continue to be managed for farm use. (7) The Orchards District area is within the Walla Walla American Viticulture Area and is therefore recognized as especially suitable to the growing of high value grapes. (8) Parcelization will not result in additional dwellings on land zoned EFU. In fact, parcelization may have the reverse effect since it is more difficult to meet the farm dwelling standards on smaller parcels. (9) Each of the sub-regions continue to thrive economically. Part of the success is the flexibility to create smaller parcel sizes. The application complies with this criterion. (3) To determine a minimum parcel size under this rule, the county shall complete the following steps: (a) Identify different agricultural areas within the county, if any; Umatilla County has five distinct agricultural areas; four areas are zoned EFU and the fifth area is in the mixed farm/forest zone, the Grazing Farm Zone. The go-below request will reestablish the minimum lot sizes within the three sub-regions that acknowledged in the 1985 Comprehensive Plan and Zoning Ordinance. The majority of farm land, over 98% of privately owned resource land in the County, will remain in the EFU 160 acre minimum lot size zone. The application complies with this criterion. (b) Determine the nature of the commercial agricultural enterprise in the county or within areas of the county; In addition to the justification in the acknowledged Comprehensive Plan, the 2009 study by OSU Extension describes the economic opportunity for smaller commercial farm parcels. The application complies with this criterion. (c) Identify the types(s) and size(s) of farms or ranches that comprise this commercial agricultural enterprise; There are a variety of farming types in the EFU -10, -20 and -40 Zones. For the most part, commercial livestock ranching does not occur, or is a secondary use, within the three subregions. Farming types range from orchards, vineyards, specialty crops and irrigated agriculture Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 8 of 15

9 (both pasture and crops). See Comprehensive Plan Chapter 18. The application complies with this criterion. (d) Determine the minimum size for new parcels that will maintain this commercial agricultural enterprise. Where farming operations within the existing EFU-10, EFU-20 and EFU-40 Zones are prosperous, the acknowledged minimum lot size is proposed. That is, lands within the EFU-10 will have a 10-acre minimum; lands within the EFU-20 will have a 20 acre minimum and lands within the EFU-40 will have a 40 acre minimum. The application complies with this criterion. (4) To determine whether there are distinct agricultural areas in a county, the county should consider soils, topography and land forms, land use patterns, farm sizes, ranch sizes and field sizes, acreage devoted to principal crops, and grazing areas and accepted farming practices for the principal crops and types of livestock. An analysis of these factors was considered in the Comprehensive Plan. See Exhibit 4, Comprehensive Plan Section 18. These factors were analyzed in the 1980 s and were used as the basis for acknowledging the EFU-10, EFU-20 and EFU-40 Zones. Further, the study conducted in 2009 demonstrates that the three sub-regions do indeed have unique features, including a variety of commercial agriculture enterprises which continue to thrive in these three sub-regions. An analysis of profitability of smaller commercial enterprises will include consideration of whether the parcels contribute a positive cash flow from operations. If yes, then the activity will likely contribute positively toward covering overhead costs, thus minimizing any losses from the venture as well as contributing value to unpaid family labor; and may contribute to family food supply, via a variety of food products, some of which may be marketed through various local outlets, including periodic community supported local farmer s markets. The application complies with this criterion. (5) To determine the nature of the existing commercial agricultural enterprise within an area, a county shall identify the following characteristics of farms and ranches in the area: Type and size of farms and ranches, size of fields or other parts, acreage devoted to principal crops, the relative contribution of the different types and sizes of farms and ranches to the county s gross farm sales, and their contribution to local processors and established farm markets. These factors were considered by researchers at OSU Extension. See Exhibit 1 for the complete report, Minimum parcel size for viable adaptive farms in Umatilla County: An Economic Analysis, What can be considered commercial agricultural enterprise is unique in each of the three sub- Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 9 of 15

10 regions. A description of each sub-region is below. Orchards District Orchard crops in the Orchards District are marketed locally and worldwide. Apple and cherry production has a high value-added industry in the Milton-Freewater area. Much of the local apple, cherry, prune and plum harvest is marketed through Blue Mountain Growers in Milton- Freewater. Wine grapes are also grown in the Orchards District. Much of the Orchards District is within the Oregon section of the Walla Walla Valley American Viticulture Area (AVA). Grapes from local vineyards are processed in the Milton-Freewater area and also marketed to wineries in the Walla Walla Valley. 90% of the grapes harvested stay within Walla Walla Valley wineries. A small amount of grapes are shipped to the wineries in western Oregon such as Ken Wright and Domaine Serene near Carlton/Dundee, Oregon and King Estates in Eugene, Oregon. The wines produced from the grapes grown in the Walla Walla Valley Appellation are marketed locally, nationally, and internationally. A significant characteristic of lands within the Orchards District is the presence of water rights and irrigation. Exhibit 6 illustrates lands within the Orchards District that are served by an irrigation district. Larger parcels within the irrigation districts were excluded from the Orchards District designation in order to preserve the larger parcel size. Average parcel size in the Orchards District is 6.94 acres. Parcel sizes range in size from.01 acres to 84.4 acres. Out of a total 1,250 parcels, only one parcel is large enough to comply with the ORS minimum farm parcel, or 80 acres. There are a total of 72 parcels that are over 20 acres in size which means the net potential impact of allowing the 10-acre zone would be the maximum of 119 new 10-acre parcels. Special Agriculture Area The Special Agriculture Area includes lands that are more intensively farmed. Historically, lands in the Special Agriculture Area have been managed as smaller scale commercial farm enterprises. Soil classification varies and therefore so do crop types in the Special Agriculture area vary, including alfalfa, seed, grains, small scale livestock operations, and specialty crops such as watermelons, asparagus, onions and berries. As noted on page of the Comprehensive Plan, (see Exhibit 4) [s]everal Special Agriculture Areas are found interdispersed within the older, established irrigation districts where delivery systems are in poor condition and water supplies are often unreliable or unavailable for a full growing season. These areas are in a transition from the larger, marginal, more extensive agricultural enterprises to smaller part-time farm units; or are areas unique from the surrounding lands where smaller scale farming has always been practiced. 5 5 Comprehensive Plan Chapter 18, Page 12. Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 10 of 15

11 The characteristics described in the Comprehensive Plan, for the most part, remain valid today. The special agriculture areas contain a diverse type of farm crop and farm management and as such, have an important contribution to the overall farm economy in the county. The Special Agriculture Area contains land zoned EFU-20. Average parcel size in the EFU-20 is acres. Parcels size ranges from.09 to 132 acres. Out of a total 280 parcels, 88 could be partititioned, for a total potential 58 new parcels. Only 6 parcels are over 80 acres in size and could qualify to meet the ORS (1) minimum. The go-below would allow the flexibility to continue the diverse farming in the EFU-20 zone in the Special Agriculture Area. West County Irrigation District Boundaries of the West County Irrigation District Plan Designation were drawn based on two primary criteria, the lands were within an irrigation district where the availability of water allows for more intensive crop production and higher value agriculture, and there was an historical pattern of smaller parcels. Parcelization patterns in the west county were set in the early 1900 s, with the onset of large federal irrigation projects. The parcelization exists today, as does the variety of crop and farm management. Not all lands within an irrigation district are included in the West County Irrigation District Plan Designation. For example, lands south of Interstate 84 within the Westland and Teel Irrigation Districts are zone EFU and have a 160-acre minimum lot size. These lands were excluded from the EFU-40 to reflect the historically larger parcels. Soil types and topography are markedly different than lands north of Interstate 84. The West County Irrigation District Plan Designation contains land zoned EFU-40. The EFU-40 zoned lands in the West County Irrigation District Plan Designation include 546 parcels with an average parcel size of acres. There are only 11 parcels that meet the 80 acre farm parcel size in (1). The total potential new parcels that could be created in the EFU zone are 87. (6) To determine the minimum parcel size, a county shall evaluate data and choose a size that maintains the existing commercial agricultural enterprise within the county or within each area of the county. In areas where the size of commercial farms and ranches is mixed, and the size of parcels needed to maintain those commercial farms and ranches varies, the county shall not choose a minimum parcel size that allows larger farms, lots or parcels to be divided to the size of the smallest farms, lots or parcels in the area. The activities of the larger as well as smaller holdings must be maintained. The proposed go-below is based on historical and existing parcel sizes. Data tables in Section III above summarize the number of parcels, the range of parcel size, and the average parcel size in each zone. The lands subject to the go-below are clustered and set apart from the larger farm Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 11 of 15

12 tracts. The proposed go-below is to re-instate the lot sizes that were acknowledged and that remain in effect today. No lands currently zoned EFU with a 160 acre minimum lot size are included in this request. Therefore the go-below will not result in larger farm parcels being divided into smaller parcels smaller than 160 acres. Combined, the three proposed go-below areas include 2,076 parcels for a total acreage of 31, acres. While that number may seem very large, compared to all farm land in Umatilla County, it represents slightly more than two percent. Total lands in Umatilla County zoned Exclusive Farm use is 1,065,650.3 acres. Total lands in Umatilla County zoned mixed farm and forest is 341,230.6 for a combined total of 1,438,448.9 acres protected as Goal 3 and 4 lands. All of the lands except the proposed go-below areas have a 160 acre minimum lot size. Approval of the go-below would not only allow for the continuation of commercial agricultural practices within all EFU zones, but would assure a continued variety of farm sizes, and provide protection especially for those farms of larger commercial scale that are essential to sustainable longer term agricultural production to meet the public need for food, feed, fiber and alternative energy production materials and sites. (7) A minimum size for new parcels for farm use does not mean that dwellings may be approved automatically on parcels that satisfy the minimum parcel size for the area. New dwellings in conjunction with farm use shall satisfy the criteria for such dwellings set forth in OAR (1). New dwellings will be required to comply with farm dwelling standards set forth in OAR (1). Landowners are advised of the criteria to justify a farm dwelling prior to partitioning. Umatilla County has an established record of complying with applicable state statute and Administrative Rule for permitting dwellings in the EFU Zone. The application complies with this criterion. (8) A minimum size for new parcels may be appropriate to maintain the existing agricultural enterprise in the area but it may not be adequate to protect wildlife habitat pursuant to Goal 5. When farmland is located in areas of wildlife habitat, the provisions of Goal 5 continue to apply. The go-below application will not result in any change in effect on wildlife habitat, evidenced principally by the fact that the parcelization patterns have been in existence for many years. Farming patterns and agriculture type within the special agriculture areas will not likely change materially in the foreseeable future. In fact, wildlife habitat in many areas is comprised of fence rows, the vegetation that grows up alongside and under parcel boundary and divider fences. Smaller acreages provide a unique network of fencerows that allow a variety of wildlife to move under protective vegetative cover from one location to another without being exposed too long to predators in the open. In addition, fence rows provide protected roosting and nesting areas, and a variety of insects, plant seeds and pollen feed sources. Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 12 of 15

13 The go-below application will not impact existing Goal 5 resources within the EFU -10, EFU-20 and EFU-40 Zones. There are no inventoried Big Game Habitat areas within the EFU-10, -20 and -40 Zones. Goal 5 resources located within these areas are general, non-inventoried archeological sites. See exhibit 7. (9) A county may choose to establish a different minimum parcel size for distinct commercial agricultural areas of the county. The appropriate minimum lot or parcel size for each area shall reflect the type of commercial agriculture in the area, consistent with sections (3)-(6) of this rule. Umatilla County seeks to re-establish the minimum parcel sizes for the three distinct commercial agricultural areas in the County, the Orchards District, Special Agriculture and West County Irrigation District. The EFU-10, EFU-20 and EFU-40 Zones were identified as smaller, viable, commercial farms units and thus were acknowledged in The proposed go-below does not propose to expand the area of smaller parcel EFU zoning. All of the existing EFU-160 lands will remain in the EFU-160 zone. The 2009 OSU report provides evidence that the smaller parcels remain viable commercial operations. The proposed go-below is consistent with trends identified by the U.S. Census of Agriculture. According to data assembled from the website of the U.S. Census of Agriculture, there is a trend toward smaller farm sizes in Umatilla County dating back to as early as See Exhibit 9. The Census of Agriculture data is generalized and not site specific. It does not attribute data to specific locations. It can be presumed however, that the smaller farms are established in one three ways: 1) where land use laws allow a parcel to be partitioned, 2) where a smaller farm is leased as part of a larger farm, or 3) where existing parcels have been reconfigured to allow creation of smaller farms. Where farming continues to thrive economically in Umatilla County, this trend is proof of the importance of retaining the ability of landowners to partition their EFU- 10, EFU -20 and EFU-40 into smaller parcels. The Oregon Department of Agriculture January 2011 report recognizes and supports the diversity in farms throughout the state. The diversity is measured according to type of farming, e.g. crop, cattle, etc. but size is another indicator of diversity. Oregon farms range in size from the very small, 2-3 acre farms, to farms that are thousands of acres in size. 7 Katy Coba, Director of the Oregon Department of Agriculture, wrote about the State s support of small farms in an article she wrote about small farms in Oregon. Farms of all sizes, shapes, and forms add to the fabric of Oregon agriculture. All are important and we want all to be successful as stewards, businesses, and community citizens. The role of the ODA is to determine how best to assist small, medium and large farms to be successful and thrive. 8 6 USDA Census of Agriculture, National Agriculture Statistics Service. Census Report of 2007, 2002, 1997, 1992, Historical Data. See especially Table 6, Farms, Land in Farms, Value of Land and Buildings, and Land Use. 7 State of Oregon Agriculture: Industry Report from the State Board of Agriculture, January Collaboration and Cooperation Bring Unity from Diversity of Farms, Small Farms in Oregon, written for Oregon State University s Oregon Small Farm News, Katy Coba, Director, Oregon Department of Agriculture. Undated. Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 13 of 15

14 The go-below proposal supports and enhances commercial farming operations throughout Umatilla County. There is another often overlooked reason to permit honoring the smaller and historical lot sizes and that is to promote efficient and productive transfer of land from one owner to others as land passes from one generation to another via estate settlements. Often, especially as land use patterns become older, land ownership passes from one generation to another so that one or more heirs cannot satisfy by a land partition the minimum lot size in a particular zone. Land values are severely discounted if a land interest cannot be sold except as an undivided interest in a parcel. The heir can end up owning a land parcel over which he has little or no control. In reality, such land interests are often simply not saleable, except at steep discount (30% or more) or as part of a complicated land exchange or swap involving at times multiple land owners as well as lot line adjustments to allow an adjoining neighbor to absorb an undivided interest that cannot be sold as a separate parcel. The practical reality is that the market for undivided interests in farm land is very limited. Families often write Wills and trust agreements that require sale of such interests to other family members or specified parties with the land price determined by formula, rather than by any particular local or regional market value. A related economic reality is that most young farmers cannot usually afford to purchase large parcels of land. Available case will of necessity first go toward purchase of machinery and equipment, plus hopefully a smaller land base, with the overall farm economics being determined primarily by the lease or rent of additional acres, on a crop share or cash rent basis, depending on the parties, the crops and the local customs. SUMMARY AND CONCLUSION The above information provides adequate Findings to show the proposed go-below complies with the applicable criteria found in OAR The County seeks to defend the commitment given to landowners and especially farmers in 1985 to protect their right to manage the lands, including partitioning, within the EFU-10, EFU-20 and EFU-40 Zones. If the go-below is not approved, these three regions would need to be re-zoned which would lead to additional Measure 49 claims. The go-below and the opportunity for creative land management enhances farming, particularly adaptive farming. Smaller units of land are viable as commercial farming operations. Small farms are in high demand to provide local produce and crops to local and regional markets. The Website source. Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 14 of 15

15 go-below enhances flexibility and the likelihood of success for those smaller, adaptive farmers who are not able to purchase larger and capital intensive parcels. Approval of the go-below will foster local support of the land use program by fulfilling a promise made to the farmers over 30 years prior. The go-below will allow viable small farms to continue to thrive in the county../tamra/go below/ 2-08 Go Below Findings Umatilla County Go-Below Findings, EFU-10, EFU-20 & EFU-40 Zones, page 15 of 15