How to Build and Agricultural Building in Lane County without a Building Permit

Overview of each setback

Road

Property Line 

(for RR5) Structures other than a fence or sign shall be located: 

(i) At least 20 feet from the right-of-way of a State road, County road or a loca access public road specified in LC chapter 15

(ii) At least 10 feet from all other property lines; and

(iii)notwithstanding, a structure that contains less than 120 square feet of floor area and that is located more than 10 feet from other structures may be located in the 10 foot setback. 

(b) the setback for property lines other than front-yard shall be five feet, except as provided below, for any lot or parcel  containing less than 1 acre and created prior to March 30, 1984.

Floodplain

Riparian

50 feet above and parallel to the high water of a Class 1 stream designated for riparian vegetation protection by the Rural Comprehensive plan. (  A modification to the riparian setback standard for a structure may be allowed provided the requirements of LC 16.253(2) or LC 16.253(6) as applicable are met. 

Sanitation

Defining Agricultural and Equine Facilities

a) "Agricultural building" means a structure located on a farm or forest operation and used for:

(A) Storage, maintenance or repair of farm or forestry machiner and equipment

(B) Raising, harvesting, and selling of crops or forest products:

(C) Feeding, Breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees

(D) Dairying and the sale of dairy products; or
(E) Any other agricultural, forestry or horticultural use or animal husbrandry, or any combination thereo, including the preparation and storage of the produce raised on the farm for human and animal use, the preparation and storage of forest products and the disposal by marketing or otherwise, of farm produce or forest products.

b) "Agricultural building" does not include:

(A) A dwelling;

(B) A structure used for a purpose other than growing plants in which 10 or more persons are present at any one time;

(C) A structure regulated by the State Fire Marshal pursuant to ORS Chapter 476

(D) A structure used by the public; or 

(E) A structure subject to sections 4001 to 4127, title 42, United States Code (The National Flood Insurance Act of 1968) as amended, and regulations promulgated thereunder. 

(c) "Equine Facility" means a building located on a farm and used by the farm owner or the public for:

 (A) Stabling or training equines: or

(B) Riding lessons and training clinics. 

(d) "Equine facility" does not include:

(A) A dwelling:

(B) A structure in which more than 10 persons are present at any one time;

(C) A structure regulated by the State Fire Marshal pursuant to ORS chapter 476; or 

(D) A structure subject to sections 4001 to 4127, title 42, United States Code as amended, and regulations promulgated thereunder.

(4) An agricultural building may be used for uses in addition to the uses listed in subsection (2)(a) of this section:

(a) are incidental and accessory to the uses listed in subsection (2)(a) of this section:

(b) Are personal to the farm owner and the farm owner's immediate family or household; and 

(c) Do not pose a greater hazard to persons or property than the uses listed in subsection (2)(a) of this section.

How to Avoid Property Tax Increases

As long as your building complies with ORS 455.315(2)(a) written out above, your property taxes will not be increased.

The Step by Step Process

 1. Meet with the Planner on Duty at the Land County Public Works Department and bring the following:

Completed Agricultural Building or Equine Facility Self-Certification" application form.

Site Plan. Refer to handout entitled "How to prepare your site plan." The Site plan must be on 8 1/2" x 11" or 11" x 17" PAPER.

Dimensioned Floor Plan. Label rooms and spaces with their proposed use.

Legal Description. A copy of the legal description of your property can be obtained from Assessment and Taxation for a nominal fee or at www.rlid.org/custom/lc/at/

Existing Septic System Certification. Certifcation form can be obtained from the planner-on-duty.

Use Covenant. Agricultural Building/Equine Facility Use Covenant is to be signed and notarized by the owner of the property.

Application Fee. Payment of application fee is required prior to approval of agricultural buidling/equine facility.

The Planner on Duty will give you a copy of the approved site plan. You will need to record the Agricultural Building/Equine Facility Use Covenant, legal description, site plan, and Existing Septic System Certification at Lane County Deeds and Records. 

Once you record the covenant you need to return a copy of the recorded document to our office. 

Once you return a copy to our office, you will then be able to begin building.

We will then mail you a copy of the approved Agricultural Placement Authorization. 
The placement permit is valid for 2 years.

Frequently Asked Questions

How big of a building can I build? 3000 or 4000 SF? Check with planner

How close can the building be to the property line? 10 feet of property line, more if it's a public road. 

Can the eaves hang into the easement?

Is there any restriction on building materials I can use?

Check with the planner

If I am going to add electricity to the building, what is the process for that?

Check with the planner

How close can a building be to the riparian area?

50 feet parallel to the high water mark of class 1 streams. (year round water for fish spawning).

How do I know where the edge of the riparian area is? Is there a GIS map?

How do I know if an area is a riparian area?

How much is the application fee? Check with the planner

How much does it cost to file with Deeds and Records?

Check with the planner

When is an agricultural verification required?

If you are Rural Residential They May Require you to...

The county may require you to show proof of commercial farm use of your property. Here is what that process looks like.