Agricultural Buildings Policy

Certain agricultural structures are exempt from the state structural specialty code (Building Code Requirements and Permits). To be eligible for the exemption from building permits, the agricultural building must meet certain standards. These include:

1. The agricultural building must be located on a farm. A farm is defined as land used for the primary purpose of raising, harvesting and selling of crops or by the feeding, breeding, management and sale of, or produce of, livestock, poultry, fur-bearing animals and honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural or animal husbandry or any combination thereof. “Farm use” includes the preparation and storage of products raised on such farms for human use and animal use and disposal by marketing or otherwise.
   
2. An agricultural building means a structure located on a farm and used in the operation of such farm for the storage, maintenance or repair of farm machinery and equipment or for raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or produce of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry, or any combination thereof, including the preparation and storage of products raised on such farm for human use and animal use and disposal by marketing or otherwise.   “Agricultural building” does not include:  a dwelling, a structure used for the purpose of growing plants in which 10 or more persons are present at any one time, a structure regulated by the State Fire Marshall, a structure used by the public or structures regulated by the National Flood Insurance Act.
   
3. A nonfarm agricultural building is a structure, which by use or character of its occupancy is similar to a farm agricultural building, but is not located on a “farm”. These structures require permits.

For many years, Deschutes County allowed agricultural exemptions from the building permit process with a very low threshold for what constituted a “farm”.  Many buildings allowed during this time as “farm agricultural buildings” were not used entirely for agricultural purposes. Further, there were no criteria for determining what a “farm” was, leading to inconsistencies in the administration of these regulations.

On June 8, 2000, an Agricultural Exemption Policy was adopted by the County Building Official after public review by the Board of County Commissioners including hearings. This policy defined a farm and established a fixed lot size, (see #1 below). However, there had been several appeals of this policy and the County lacked consistency in administering such appeals.

For this reason, this policy has been adopted to allow additional ways to establish that a structure is on a “farm” for the purposes of the building code exemption.

Farm Agricultural Building Tests:  A “farm” as required for agricultural exemptions from building permits shall meet at least one of the following tests:

1 .  Minimum Lot size test. The parcel is at least 20 acres in size with at least 8.5 acres of irrigation or at least 80 acres in size, regardless of irrigation. 

This is from the farm structure policy of the Building Official and the Board Of County Commissioners dated 6/7/2000.   It is possible that parcels of this size are capable of producing a profit in money without specialized crops, techniques or livestock.  For these reasons it is likely that such structures will continue to function as Agricultural Buildings.  This “clear and objective” standard is allowed to be administered by CDD staff without review of the Building Official.

2.    Gross annual income test. Prove that the land is currently employed in a farm use that has produced at least $2500 in gross annual income in at least 2 of the previous 5 years. In determining the gross income the cost of livestock shall be deducted from the total gross income attributed to the farm.    

$2500 in gross income is generally considered a possibility on about 8.5 acres of hay and forage, typical to the County.  However, more intensive or specialized agricultural practices may produce a higher gross income on less land.  The information proving income shall be provided to the Building Official who will make the determination of adequacy.

3.   Capability test.  Prove that the farm is capable of producing at least $2500 in gross annual income.  This shall be documented by a business plan, including a demonstration that markets exist for the product; estimates of gross sales or actual gross sales figures; estimated or actual figures concerning necessary expenditures; and a list of capital expenditures incurred or projected to be incurred in establishing the farm use on the parcel.  In determining the gross income the cost of livestock shall be deducted from the total gross income attributed to the farm.

This criterion is the same as #2 above but allows the agricultural structure to be constructed before the “Farm” is fully established.  The Building Official shall review and decide the merits of these applications.  After the Farm has been established the Building Official shall conduct a site visit to insure that the Farm has been established and the structure is used for agricultural purposes.  Structures not being used for Farm Use shall be processed for Code Enforcement.

The purposes of these criteria are to allow an agricultural structure on less than $2500 in gross income.  Unusual or specialized agricultural practices may qualify for an agricultural exception for building permits.  However, if they are not successful the structure is often no longer an agricultural structure and becomes a violation unless permits are obtained. 

The Building Official shall, from time to time, conduct on site review these approvals to insure that the “Farm” has been established, and the structure continues to be used for agricultural purposes.  Structures not being used for Farm Use shall be processed for Code Enforcement.