(1) A dwelling authorized under ORS § 215.705 may be allowed on land zoned for forest use under a goal protecting forestland only if:

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Terms Used In Oregon Statutes 215.720

  • local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
  • Tract: means one or more contiguous lots or parcels under the same ownership. See Oregon Statutes 215.010
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(a) The tract on which the dwelling will be sited is in western Oregon, as defined in ORS § 321.257, and is composed of soils not capable of producing 5,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS § 368.001. The road shall be maintained and either paved or surfaced with rock and shall not be:

(A) A United States Bureau of Land Management road; or

(B) A United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency.

(b) The tract on which the dwelling will be sited is in eastern Oregon, as defined in ORS § 321.805, and is composed of soils not capable of producing 4,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road as defined under ORS § 368.001. The road shall be maintained and either paved or surfaced with rock and shall not be:

(A) A United States Bureau of Land Management road; or

(B) A United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency.

(2) For purposes of this section, ‘commercial tree species’ means trees recognized under rules adopted under ORS § 527.715 for commercial production.

(3) No dwelling other than those described in this section and ORS § 215.740, 215.750 and 215.755 may be sited on land zoned for forest use under a land use planning goal protecting forestland. [1993 c.792 § 4 (1),(4),(9); 1997 c.318 § 4; 1997 c.732 § 1; 2003 c.621 § 102]