Richards v. Jefferson County

ORS 215.283(1)(d) authorizes the county to approve an accessory dwelling on EFU-zoned land to be occupied by a relative of the farm operator, if “the farm operator does or will require the assistance of the relative in the management of the farm use[.]”

The challenged decision approves respondent’s proposed relative farm help dwelling on a 119-parcel zoned exclusive farm use (EFU-A1) located approximately two miles south of the city of Madras. The central issue on appeal concerns who qualifies as the farm operator of a commercial farming operation on a property when applying for an accessory dwelling.

On the second assignment of error petitioner contends that the county’s finding that the applicant, Jeff DuPont, qualifies as a farm operator is inconsistent with the definition because DuPont does not farm the subject property, but instead he leases his hay field to a custom farm operator. Furthermore, petitioner contends DuPont does not own any hay equipment and has few expenses typical of running a hay operation, and provided no record of actually selling hay. Respondent argues the equipment is borrowed as compensation for his employment with another farm operator and he operates the equipment on the subject property. LUBA notes respondent does not qualify as the required farm operator. Next, petitioner contends that presuming DuPont is evaluated as the farm operator, he will not continue to play the predominant role in the farm operation compared to the role of the relative assisting the operation. LUBA notes there is no evidence on the record to indicate DuPont will play a predominate role in the farm operation.

Lastly, petitioner argues there is not enough hay-growing operation on the property to require DuPont to work near 30 hours per week, much less enough work to require the assistance of a relative. Respondent counters that he requires assistance on the farm due to physical limitations related to his foot. LUBA notes it is unclear how respondent will play a dominant role when he currently has a physical limitation and prior to this limitation he was capable of running the form operation without assistance. REMANDED.