Benton County, OR Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Zone
- Exclusive Farm Use (EFU), BCC Chapter 55
- Purpose
- Preserve farmland, block conflicting nonfarm uses
- Primary use
- Farm use, permitted outright (BCC 55.105(1))
- Separate ordinance
- Farm Practice Ordinance, BCC Chapter 30
- Dispute review
- 5-member Peer Review Board
- State notice
- DLCD notified 10 days before decision
Summary
Farming is the protected, primary use across most of unincorporated Benton County's resource land. BCC 55.005 sets the Exclusive Farm Use Zone's purpose as preserving land for commercial agricultural production and keeping it free from conflicting nonfarm uses and influences, and BCC 55.105(1) makes farm use the first permitted use in the zone outright, with nonfarm activity only allowed where the code separately provides for it.
The purpose of this ordinance is to establish a procedure to address the issue of what is considered a generally accepted farm practice under ORS 30.930-30.947 when it may conflict with nonfarm or rural residential use. ... A Peer Review Board will be established by the Benton County Board of Commissioners to advise the County on whether a disputed farm activity is a generally accepted farming practice or facility. The Board shall consist of 5 persons who are actively involved in farm production within the County. ... (1)The Exclusive Farm Use Zone (EFU) shall preserve and protect lands for continued and future commercial agricultural production and related uses, and conserve and protect open space, wildlife habitats, and other uses associated with agriculture. ... (1)Farm use. ("Farm use" is defined in BCC 51.020.)
Full Breakdown
The Exclusive Farm Use Zone (EFU), created under BCC Chapter 55, is Benton County's primary tool for protecting agriculture outside the Corvallis and Philomath urban growth boundaries. 005(1) states the zone's purpose in absolute terms: preserve and protect land for continued and future commercial agricultural production, and keep areas classified for farm use free from conflicting nonfarm uses and influences. 020, the first item on the list of uses permitted outright, ahead of every other use the zone allows. S. Soil Conservation Service classifies as predominantly Class I through IV soils, plus other land needed to preserve farm use or to permit farm practices on nearby agricultural land, and separately defines "high-value farmland," which carries added protection against nonfarm dwellings and other conditional uses.
050. 947 when it conflicts with nonfarm or rural residential use, using a County-appointed Peer Review Board of local farm producers to make that call.
Violations & Fines
Establishing a use in the EFU zone that BCC 55.105 does not permit outright, and that has not been approved as a conditional use under BCC 55.205 or 55.210, is a County Code violation enforced under BCC Chapter 31. The Planning Official, as enforcement officer, moves from a verbal notice through a written notice of violation and a notice to comply before an infraction complaint issues, and under BCC 31.125(3) the County may seek a $500 fine per violation and $1,000 for a continuing one.
Frequently Asked Questions
What use is protected as the top priority in Benton County's farmland zones?
Does Benton County have a right-to-farm ordinance separate from its zoning code?
Who decides whether a farming practice is generally accepted if a neighbor complains?
Sources & Official References
Other rules in Benton County
Compare Benton County to another location·View the Oregon right to farm overview
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