Landwatch Lane County v. Lane County

Under ORS 92.017, the illegal division of a parcel by conveyance does not destroy the legal status of the parcel for purposes of approving a forest template dwelling under ORS 215.750(1)(a).

Petitioner appeals a county decision approving a forest template dwelling. The subject property is zoned Impacted Forest Lands (F-2) and was created in 1984 by the partition of a 145-acre parent parcel into two parcels. In 1992, a portion of the non-subject parcel was conveyed without compliance with the applicable code provisions governing partitions. In finding that intervenor’s application met the test for a forest template dwelling, the county relied on the existence of the non-subject parcel before the 1992 conveyance. This appeal followed.

ORS 215.750(1)(a) allows a county to approve a forest template dwelling if at least three other lots or parcels that “existed” on January 1, 1993, are within a 160-acre area centered on the subject property. ORS 92.017 provides that “[a] lot or parcel lawfully created shall remain a discrete lot or parcel, unless…[it] is further divided, as provided by law.” In its single assignment of error, petitioner argues that, as a result of the illegal division of the non-subject parcel by the 1992 conveyance, the non-subject parcel itself did not “exist” as a single, discrete unit of land for purposes of ORS 215.750(1)(a). LUBA agrees with the county that, because the 1992 conveyance did not divide the non-subject parcel “as provided by law,” the non-subject parcel remained a discrete parcel under ORS 92.017. The assignment of error is therefore denied and the county’s decision is AFFIRMED.