Chapter 210âForest Resource (FR) District - Jackson County Oregon

210-1 

CHAPTER 210—FOREST RESOURCE (FR) DISTRICT 1 

210.010 PURPOSE: 

The purpose of the Forest Resource district is to conserve forest lands. 

210.015 APPLICATION: 

This zoning district will be applied to forest/woodland areas which are identified as forest land 

by the Jackson County Comprehensive Plan. Designation of these lands shall be shown on the 

Official Comprehensive Plan and Zoning Map(s) as Forest Resource (FR). The provisions of this 

Chapter also apply to the Woodland Resource (WR) district, and the Open Space Reserve 

(OSR) district until the adoption of appropriate regulations separating Open Space Reserve from 

the forest zone. 

210.020 DEFINITIONS: 

1) AUXILIARY: A use or alteration of a structure or land which provides help or is directly 

associated with the conduct of a particular forest practice. An auxiliary structure is 

located on site, is temporary in nature, and is not designed to remain for the forest's 

entire growth cycle from planting to harvesting. An auxiliary use is removed when a 

particular forest practice has concluded. [OAR 660-06-025(2)(d)] 

2) COMMERCIAL TREE SPECIES: Trees recognized under rules adopted under ORS 

527.715 for commercial production. [ORS 215.720(2) & OAR 660-06-027(5)(b)] 

3) FOREST LAND: Land which is used for the growing and harvesting of forest tree 

species, regardless of how the land is zoned or taxed or how any state or local statutes, 

ordinances, rules or regulations are applied. [ORS 527.620(8) & 30.930(4)] 

4) FOREST PRACTICE: Any operation conducted on or pertaining to forest land, including 

but not limited to: reforestation of forest land, road construction and maintenance, 

harvesting of forest tree species, application of chemicals and disposal of slash. [ORS 

527.620(9)] 

5) TRACT: One or more contiguous lots or parcels under the same ownership. [ORS 

215.010(2) & OAR 660-06-027(5)(a)] 

210.030 PERMITTED USES: 

The following uses shall be permitted in this district: 

1 Amended by Ordinance #2000-28 on September 6, 2000; Effective November 5, 2000 (File #2000-2-OA) 

Jackson County Land Development Ordinance

Chapter 210—Forest Resource (FR) District 210-2 

1) Forest operations or forest practices including, but not limited to, reforestation of forest 

land, road construction and maintenance, harvesting of a forest tree species, application 

of chemicals, and disposal of slash. [OAR 660-06-025(2)(a)] 

2) Temporary on site structures which are auxiliary to and used during the term of a 

particular forest operation not exceeding one year in duration. [OAR 660-06-025(2)(b)] 

3) Physical alterations to the land auxiliary to forest practices including, but not limited to, 

those made for purposes of exploration, mining, commercial gravel extraction and 

processing, landfills, dams, reservoirs, road construction or recreational facilities. [OAR 

660-06-025(2)(c)] 

4) Uses to conserve soil, air and water quality and to provide for wildlife and fisheries 

resources including, but not limited to, facilities for a fish hatchery, fish culture, game 

management or refuge area. [OAR 660-06-025(3)(a)] 

5) Farm use as defined in Section 00.040. [OAR 660-06-025(3)(b)] 

6) Temporary portable facility including barkers, chippers, portable sawmills, log scaling and 

weigh stations, and other accessory equipment used for the primary processing of forest 

products. The use shall not to exceed one year on the subject property or any 

contiguous property. [OAR 660-06-025(3)(d)] 

7) Towers and fire stations for forest fire protection. [OAR 660-06-025(3)(g)] 

8) Outside the acknowledged urban growth boundary of an incorporated city, the widening 

of roads within existing rights-of-way in conformance with the transportation element of 

the Jackson County Comprehensive Plan including the following public road and highway 

projects: 

A) Climbing and passing lanes within the right-of-way existing as of July 1, 1987. 

B) Reconstruction or modification of public roads and highways including the 

placement of utility facilities overhead and in the subsurface of public roads and 

highways along the public right-of-way, but not including the addition of travel 

lanes, where no removal or displacement of buildings would occur, or no new 

parcels result. 

C) Temporary public road and highway detours that will be abandoned and restored 

to original condition or use when no longer needed. 

D) Minor betterment of existing public roads and highway related facilities such as 

maintenance yards, weigh stations and rest areas, within rights-of-way existing 

as of July 1, 1987, and contiguous public-owned property utilized to support the 

operation and maintenance of public roads and highways. [OAR 660-06-025(3)(h)] 

9) Notwithstanding other provisions of this ordinance, the construction, extension, 

maintenance, or replacement of public streets, storm drains, sanitary sewers, water 



service and related public facilities are permitted uses within the acknowledged urban 

growth boundary of an incorporated city. 

10) Water intake facilities, canals and distribution lines for farm irrigation and ponds. [OAR 

660-06-025(3)(i)] 

11) Temporary forest labor camps. [OAR 660-06-025(3)(l)] 

12) Exploration for and production of geothermal, gas, oil, and other associated 

hydrocarbons, including the placement and operation of compressors, separators and 

other customary production equipment for an individual well adjacent to the well head. 

[OAR 660-06-025(3)(m)] 

13) Exploration for mineral and aggregate resources as defined in ORS Chapter 517. [OAR 

660-06-025(3)(e)] 

14) Local distribution lines (e.g., electric, telephone, natural gas) and accessory equipment 

(e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), 

or equipment which provides service hookups, including water service hookups. [OAR 

660-06-025(3)(c)] 

15) Alteration, restoration or replacement of a lawfully established dwelling that has intact 

exterior walls and roof structure; indoor plumbing including a kitchen sink, toilet and 

bathing facilities connected to a sanitary waste disposal system; interior wiring for interior 

lights; and a heating system. If the dwelling is being replaced, the original dwelling must 

be removed, demolished or converted to an allowable nonresidential use within three 

months of the completion of the replacement dwelling. [OAR 660-06-025(3)(p)] 

16) Private hunting and fishing operations without lodging accommodations. [OAR 660-06- 

025(3)(f)] 

17) Caretaker residences for public parks and fish hatcheries. [OAR 660-06-025(3)(j)] 

18) Uninhabitable structures accessory to fish and wildlife enhancement. [OAR 660-06- 

025(3)(k)] 

19) Disposal site for solid waste that has been ordered established by the Oregon 

Environmental Quality Commission under ORS 459.049, together with the equipment, 

facilities or buildings necessary for its operation. [OAR 660-06-025(3)(o)] 

210.040 USES SUBJECT TO ADMINISTRATIVE REVIEW: 

In order to establish a use permitted under this Section an application must be submitted and 

reviewed. Except for Subsections 4), 5), and 6), below, the following uses are subject Section 

210.100 and other applicable provisions of this Ordinance as noted: 

1) Ownership of Record Dwelling: A dwelling on a lot or parcel which was lawfully created 

and acquired by the current owner before January 1, 1985, or was acquired by devise 

or intestate succession from an owner who acquired the property before January 1, 



1985, subject to the standards set forth in Section 210.070. [OAR 660-06-027(1)(a) & (g) & 

ORS 215.705(1)] 

2) Large Tract Forest Dwelling: A dwelling on a lot or parcel of at least 160 contiguous 

acres or 200 acres in one ownership that are not contiguous but are in Jackson County 

or an adjoining county, and zoned for forest use, subject to the standards set forth in 

Section 210.080. A quarter section tract that is crossed by a public road or waterway 

shall not be considered to have less than 160 acres. [OAR 660-06-027(1)(c)(B)] 

3) Forest Capability Dwelling: A dwelling on a lot or parcel subject to the standards set forth 

in Section 210.090. [OAR 660-06-027(1)(d)] 

4) Home Occupation: As subject to the standards set forth in Sections 210.095 and 

280.120. [OAR 660-06-025(4)(r)] 

5) One manufactured dwelling in conjunction with an existing dwelling as a temporary use 

for the term of hardship suffered by the existing resident or a relative of the resident, 

subject to the standards set forth in Section 280.020. “Relative” is defined as a 

grandparent, grandchild, parent, child, brother or sister of the owner of the existing 

dwelling or the owner’s spouse. [OAR 660-06-025(4)(s)] 

6) Accessory structures. 

210.050 CONDITIONAL USES: 

Conditional uses are those uses that may be suitable only in a specific location or if the site is 

regulated in a particular manner. The following conditional uses may be allowed subject to the 

review standards of Section 210.055 and the siting standards of Section 210.100, and not those 

in Chapter 260: 

1) Permanent facility for the primary processing of forest products. [OAR 660-06-25(4)(a)] 

2) Permanent logging equipment repair and storage. [OAR 660-06-25(4)(b)] 

3) Permanent log scaling and weigh stations. [OAR 660-06-25(4)(c)] 

4) Mining and processing of oil, gas, or other subsurface resources, as defined in ORS 

Chapter 520, and not otherwise permitted under Subsection 210.030(11) (e.g., 

compressors, separators and storage serving multiple wells), and mining and processing 

of aggregate and mineral resources as defined in ORS Chapter 517, also subject to the 

standards set forth in Chapter 272. [OAR 660-06-25(4)(f)] 

5) Television, microwave and radio communication facilities and transmission towers. [OAR 

660-06-25(4)(g)] 

6) Fire stations for rural fire protection. [OAR 660-06-25(4)(h)] 



7) Utility facilities for the purpose of generating power. A power generation facility shall not 

preclude more than 10 acres from use as a commercial forest operation unless an 

exception is taken pursuant to OAR 660, Division 4. [OAR 660-06-25(4)(i)] 

8) Aids to navigation and aviation. [OAR 660-06-25(4)(j)] 

9) Water intake facilities, related treatment facilities, pumping stations, and distribution 

lines. [OAR 660-06-25(4)(k)] 

10) Reservoirs and water impoundments. [OAR 660-06-25(4)(l)] 

11) Cemeteries. [OAR 660-06-25(4)(n)] 

12) Firearms training facility. [OAR 660-06-25(4)(m)] 

13) Parks and campgrounds. For the purpose of this Chapter, a campground is an area 

devoted to overnight temporary use for vacation, recreational or emergency purposes, 

but not for residential purposes. A camping site may be occupied by a tent, travel trailer 

or recreational vehicle. Campgrounds shall not include intensively developed 

recreational uses such as swimming pools, tennis courts, retail stores or gas 

stations. [OAR 660-06-25(4)(e)] 

14) Private seasonal accommodations for fee hunting operations subject to the fire safety 

standards in Section 280.100, and the following requirements: 

A) Accommodations are limited to no more than 15 guest rooms as that term is 

defined in the Oregon Structural Specialty Code; 

B) Only minor incidental and accessory retail sales are permitted; and, 

C) Accommodations are occupied temporarily for the purpose of hunting during 

game bird and big game hunting seasons authorized by the Oregon Fish and 

Wildlife Commission. [OAR 660-06-25(4)(o)] 

15) New electric transmission lines with right-of-way widths of up to 100 feet or new 

distribution lines (e.g., gas, oil, geothermal) with rights-of-way 50 feet or less in 

width. [OAR 660-06-25(4)(p)] 

16) Temporary asphalt and concrete batch plants, not to exceed one year in their operation, 

as accessory uses to specific public road and highway projects. [OAR 660-06-25(4)(q)] 

17) Expansion of existing airports. [OAR 660-06-25(4)(t)] 

18) Outside the acknowledged urban growth boundary of an incorporated city, public road 

and highway projects described as follows: 

A) Construction of additional passing and travel lanes requiring the acquisition of 

right-of-way but not resulting in the creation of new land parcels. 



B) Reconstruction or modification of public roads and highways involving the 

removal or displacement of buildings but not resulting in the creation of new land 

parcels. 

C) Improvement of public roads and highway related facilities such as maintenance 

yards, weigh stations and rest areas, where additional property or right-of-way is 

required but not resulting in the creation of new land parcels. [OAR 660-06-25(4)(u)] 

19) Private accommodations for fishing occupied on a seasonal basis, subject to the fire 

safety standards set forth in Section 280.100, and the following requirements: 

A) Accommodations are limited to no more than 15 guest rooms as that term is 

defined in the Oregon Structural Specialty Code; 

B) Only minor incidental and accessory retail sales are permitted; 

C) Accommodations are occupied temporarily for the purpose of fishing during 

fishing seasons authorized by the Oregon Fish and Wildlife Commission; and, 

D) Accommodations must be located within ¼ mile of fish bearing Class I waters 

provided that the standards of Subsection 280.060(2) are satisfied. [OAR 660-06- 

25(4)(v)] 

20) Disposal site for solid waste approved by the County and for which the Oregon 

Department of Environmental Quality has granted a permit under ORS 459.245, together 

with equipment, facilities or buildings necessary for its operation. [OAR 660-06-25(4)(d)] 

21) Forest management research and experimentation facilities as defined by ORS 526.215 

or where accessory to forest operations. [OAR 660-06-25(4)(w)] 

210.055 ADDITIONAL STANDARDS FOR CONDITIONAL USES IN THE FOREST RESOURCE 

DISTRICT: 

Conditional use permits in the Forest Resource district are subject solely to the following 

requirements, and not those in Chapter 260. 

1) A conditional use as provided for in Section 210.050 may be approved only when all of 

the following are met: 

A) The use will not force a significant change in, or significantly increase the cost of, 

accepted farming or forest practices on agriculture or forest lands. [OAR 660-06- 

025(5)(a)] 

B) The proposed use will not significantly increase fire hazard or significantly 

increase fire suppression costs or significantly increase risks to fire suppression 

personnel. Further, it must be demonstrated that the proposal including all 

structures proposed in the application will be in compliance with the fire protection 

standards of Section 280.100. [OAR 660-06-025(5)(b)] 



C) The proposed use shall meet the standards set forth in Subsection 280.110(3)(E) 

(Area of Special Concern - Black-tailed deer and Roosevelt elk). [OAR 660-06- 

025(6)] 

D) The proposed use shall meet the standards contained within Subsection 280.110 

(3)(M) (Area of Special Concern - Important Scenic Resources). [OAR 660-06- 

025(6)] 

2) The following declaration shall be recorded in the manner and format provided by the 

County: [OAR 660-06-025(5)(c)] 

"Declarant and declarant's heirs, legal representatives, assigns, and lessees, hereby 

acknowledge and agree to accept by the placement of this covenant, or the acceptance 

and recording of this instrument, that the property herein described is situated on or near 

forest land, and as such may be subject to common, customary, and accepted forest 

practices on adjacent or nearby lands which ordinarily and necessarily produce log truck 

and heavy machinery traffic and noise, dust, smoke, and other types of visual, odor, and 

noise pollution which declarant accepts as normal and necessary forest management 

practices, and recognizes the rights of adjacent and nearby land owners to conduct 

forest operations consistent with the rules for parks and campgrounds, 210.050(13); 

reservoirs and water impoundments, 210.050(10); home occupations, 210.040(4); a 

manufactured dwelling in conjunction with an existing dwelling, 210.040(5); and private 

accommodations for fishing, 210.050(19), as part of the risk of purchasing, constructing, 

or placing a residential structure in a Forest Resource area. In addition, fire prevention 

authorities may require curtailment of certain activities during the fire season. Jackson 

County shall be a party to this declaration which cannot be removed or modified without 

written consent of the County." 

210.060 MINIMUM LOT SIZE FOR NEW PARTITIONS: 

1) New parcels shall be a minimum of 80 acres or one-eighth section. [ORS 215.780(1)(c) & 

OAR 660-06-026(1)(a)] 

2) A lower minimum lot or parcel size than that described in Subsection 1), above, may be 

approved in any of the following circumstances: 

A) To allow the establishment of a parcel for a dwelling subject to the following 

requirements: [ORS 215.780(2)(b)] 

i) The parcel established shall not be larger than five acres, except as 

necessary to recognize physical factors such as roads or streams, in 

which case the parcel shall be no larger than ten acres; 

ii) The dwelling existed prior to June 1, 1995; 

iii) 

The remaining parcel, not containing the dwelling: 

a) Meets the minimum land division standards of the zone; or, 



b) Is consolidated with another parcel, and together the parcels meet 

the minimum land division standards of this zone; and, 

c) Is not entitled to a dwelling unless subsequently authorized by law 

or goal; and, 

iv) 

The applicant for a division under this Section shall provide evidence that 

a restrictive covenant has been recorded as to the remaining parcel with 

the Jackson County Clerk, which prohibits dwellings, unless authorized 

by law or goal. The restriction imposed under this Subsection shall be 

irrevocable unless a statement of release is signed by the Director 

indicating that the Comprehensive Plan or land use regulations applicable 

to the property have been changed in such a manner that the parcel is no 

longer subject to Statewide Planning Goals pertaining to agricultural land 

or forest land. 

B) To allow a division of forest land to facilitate a forest practice as defined in ORS 

527.620, but which results in a parcel that does not meet the minimum area 

requirements of Subsection 1), above. Parcels created pursuant to this 

Subsection: [ORS 215.780(2)(d)] 

i) Shall not be eligible for siting of a new dwelling; 

ii) 

iii) 

iv) 

Shall not serve as justification for the siting of a future dwelling on other 

lots or parcels; 

Shall not, as a result of the land division, be used to justify redesignation 

or rezoning of resource lands; 

Shall not result in a parcel of less than 35 acres, unless: 

a) The purpose of the land division is to facilitate an exchange of 

lands involving a governmental agency; or, 

b) The purpose of the land division is to allow transactions in which 

at least one participant is a person with a cumulative ownership 

of at least 2,000 acres of forest land; and, 

v) The applicant for a division under this Section shall provide evidence that 

a restrictive covenant has been recorded as to the newly created parcel 

with the Jackson County Clerk, which prohibits dwellings, unless 

authorized by law or goal. The restriction imposed under this Subsection 

shall be irrevocable unless a statement of release is signed by the 

Director indicating that the Comprehensive Plan or land use regulations 

applicable to the property have been changed in such a manner that the 

parcel is no longer subject to Statewide Planning Goals pertaining to 

agricultural land or forest land. 



C) New land divisions less than the parcel size in Subsection 1), above, may be 

approved only for the uses listed in Subsections 210.030(11), (18), and 

210.050(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (20), 

provided that such uses have been approved pursuant to Section 210.055. Such 

divisions shall create a parcel that is the minimum size necessary for the 

use. [OAR 660-06-026(2)] 

D) The landowner allowed a land division under Subsection 2), above, shall sign the 

declaration provided for in Subsection 210.055(2) and have it recorded in the 

manner and format provided by the County. [ORS 215.780(4)] 

210.070 OWNERSHIP OF RECORD DWELLING APPROVAL STANDARDS: 

A dwelling on a lot or parcel that the current owner acquired before January 1, 1985, or acquired 

by devise or intestate succession from an owner who acquired the property before January 1, 

1985, may be allowed subject to the following: 

1) For purposes of Section 210.070, owner includes the wife, husband, son, daughter, 

mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, 

mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, 

grandparent or grandchild of the owner or a business entity owned by any one or 

combination of these family members. [ORS 215.705(6) & OAR 660-06-027(1)(h)] 

2) The applicant shall demonstrate that: 

A) The lot or parcel on which the dwelling will be sited was lawfully created and 

acquired by the present owner prior to January 1, 1985, or acquired by the 

present owner by devise or intestate succession from an owner who acquired the 

lot or parcel before January 1, 1985. [ORS 215.705(1)(a) & OAR 660-06-027(1)(g)] 

B) The tract on which the dwelling will be sited does not currently include a dwelling. 

[ORS 215.705(1)(b)] 

C) The tract is composed of soils not capable of producing 5,000 cubic feet per year 

of commercial tree species. [ORS 215.720(1)(a), 215.705(1)(e) & OAR 660-06-027(1)(a)] 

D) The tract is located within 1,500 feet of a maintained public road that is either 

paved or surfaced with rock. The road shall not be a U. S. Forest Service road 

or Bureau of Land Management road. [ORS 215.720(1)(a) & OAR 660-06-021(1)(a)] 

E) The location of the homesite is consistent with the standards contained within 

Section 280.110. [ORS 215.705(1)(f) & OAR 660-06-027(1)(f)(A)] 

F) The proposed dwelling is consistent with the standards contained within Section 

210.100. [OAR 660-06-029] 

G) The dwelling shall not be sited on a slope greater than 40 percent. [ORS 

215.730(1)(b)(B)] 



3) When the lot or parcel where the dwelling is to be sited is part of a tract, the remaining 

portions of the tract shall be consolidated into a single lot or parcel. Consolidation prior 

to the issuance of a building permit shall be a condition of approval. [ORS 215.705(1)(g) & 

OAR 660-06-027(1)(f)(B)] 

4) If a dwelling is approved pursuant to the requirements of this Section, the application 

may be transferred by a person who has qualified under this Section to any other person 

after the effective date of the land use decision. [ORS 215.705(7)] 

210.080 LARGE TRACT FOREST LAND DWELLING APPROVAL STANDARDS: 

1) If a dwelling is not allowed pursuant to Section 210.070, a large tract forest land dwelling 

as permitted under Subsection 210.040(2) may be approved, subject to the 

following: [OAR 660-06-027(1)(c) & ORS 215.740] 

A) The proposed dwelling is consistent with the standards contained within Section 

210.100. [OAR 660-06-029] 

B) The tract on which the dwelling will be sited does not include a dwelling. [OAR 660- 

06-027(4)(d)] 

C) The dwelling is sited on a tract: 

i) Of at least of 160 contiguous acres. A tract shall not be considered to 

consist of less than 160 acres because it is crossed by a public road or 

water way; or, [ORS 215.740(1)(b), (2)] 

ii) 

Of at least 200 noncontiguous acres in one ownership in Jackson County 

or adjoining counties and zoned for forest use under a goal protecting 

forest land. [ORS 215.740(3)] 

2) When the tracts are not contiguous, the owner shall submit proof of nonrevocable deed 

restrictions recorded with the deed for each tract. The deed restrictions shall preclude 

all future rights to construct a dwelling on the tracts or to use the tracts to total acreage 

for future siting of dwellings for present and any future owners unless the tract is no 

longer subject to protection under goals for agricultural lands or forest lands. [ORS 

215.740(3)(b) & OAR 660-06-027(6)] 

210.090 FOREST CAPABILITY DWELLING APPROVAL STANDARDS: 

1) Forest capability dwellings as permitted under Subsection 210.040(3) may be approved 

subject to the following: 

A) The tract on which the dwelling will be sited does not include a dwelling. [ORS 

215.750(4)(d) & OAR 660-06-027(4)(d)] 

B) The lot or parcel on which the dwelling will be sited is predominantly composed 

of soils that are: 



i) Capable of producing 0 to 49 cubic feet per acre per year of wood fiber 

and all or part of at least three other lots or parcels that existed on 

January 1, 1993, are within a 160-acre square centered on the center of 

the subject tract; and at least three dwellings existed on January 1, 1993, 

on the other lots or parcels; [ORS 215.750(1)(a)] 

ii) 

iii) 

Capable of producing 50 to 85 cubic feet per acre per year of wood fiber 

and all or part of at least seven other lots or parcels that existed on 



on the other lots or parcels; or, [ORS 215.750(1)(b)] 

Capable of producing more than 85 cubic feet per acre per year of wood 

fiber and all or part of at least 11 other lots or parcels that existed on 



on the other lots or parcels. [ORS 215.750(1)(c)] 

Note: Lots or parcels within urban growth boundaries shall not be used to satisfy 

the eligibility requirements under this Section. [ORS 215.750(3)] 

2) The applicant shall demonstrate that the proposed dwelling is consistent with the 

standards contained within Section 210.100. [OAR 660-06-029] 

3) If the tract abuts a road that existed on January 1, 1993, the measurement may be made 

by using a 160-acre rectangle that is one mile long and one-fourth mile wide centered 

on the subject tract and that is to the maximum extent possible, aligned with the road. 

[ORS 215.750(5) & OAR 660-06-027(3)] 

4) If a tract 60 acres or larger described under this Section abuts a road or perennial 

stream, the measurement shall be made by using a 160-acre rectangle that is one mile 

long and one-fourth mile wide centered on the center of the subject tract and that is to 

the maximum extent possible, aligned with the road or stream. If a road crosses the tract 

on which the dwelling will be located, at least one of the three required dwellings shall 

be on the same side of the road or stream as the tract, and: 

A) Be located within a 160-acre rectangle that is one mile long and one-fourth mile 

wide centered on the center of the subject tract and that is, to the maximum 

extent possible aligned with the road or stream; and, 

B) Be within one-quarter mile from the edge of the subject tract but not outside the 

length of the 160-acre rectangle, and on the same side of the road or stream as 

the tract. [ORS 215.750(5), (6) & OAR 660-06-027(2), (3)] 

5) No dwellings will be allowed on other lots or parcels that make up the tract. 

Nonrevocable deed restrictions precluding all future rights to construct a dwelling on the 

lots or parcels that make up the tract or to use the tract to total acreage for future siting 

of dwellings for present and any future owners unless the tract is no longer subject to 



protection under the goals for agricultural lands or forest lands shall be recorded with the 

deed for each lot and parcel. [ORS 215.750(3)(c)] 

210.095 APPROVAL STANDARDS FOR HOME OCCUPATIONS: 

1) Home occupations carried on by the resident, as specified in Section 280.120, are 

allowed subject to the standards of that Section and the following: 

A) The use will not force a significant change in, or significantly increase the cost of, 

accepted farming or forest practices on agriculture or forest lands. [OAR 660-06- 

025(5)(a)] 

B) The proposed use will not significantly increase fire hazard or significantly 

increase fire suppression costs or significantly increase risks to fire suppression 

personnel. [OAR 660-06-025(5)(a)] 

C) The following additional standards apply to a home occupation in the forest zone: 

i) It shall be operated by a resident or employee of a resident of the 

property on which the business is located; [OAR 660-06-025(5)(a)] 

ii) 

iii) 

iv) 

It shall employ on the site no more than five full-time or part-time persons; 

[OAR 660-06-025(5)(b)] 

It shall be operated substantially in the dwelling or other buildings 

normally associated with uses permitted in the zone in which the property 

is located; and, [ORS 215.448(1)(a)] 

It shall not unreasonably interfere with other uses permitted in the zone 

in which the property is located. [ORS 215.448(1)(b)] 

D) Nothing in this Section authorizes the County to permit construction of any 

structure that would not otherwise be allowed in the zone in which the home 

occupation is to be established. [ORS 215.448(3)] 

E) The existence of home occupations shall not be used as justification for a zone 

change. [ORS 215.448(4)] 

F) The following declaration shall be recorded in the manner and format provided 

by the County: 

"Declarant and declarant's heirs, legal representatives, assigns, and lessees, 

hereby acknowledge and agree to accept by the placement of this covenant, or 

the acceptance and recording of this instrument, that the property herein 

described is situated on or near forest land, and as such may be subject to 

common, customary, and accepted forest practices on adjacent or nearby lands 

which ordinarily and necessarily produce log truck and heavy machinery traffic 

and noise, dust, smoke, and other types of visual, odor, and noise pollution which 

declarant accepts as normal and necessary forest management practices, and 



recognizes the rights of adjacent and nearby land owners to conduct forest 

operations consistent with the rules for parks and campgrounds, 210.050(13); 

reservoirs and water impoundments, 210.050(10); home occupations, 

210.040(4); a manufactured dwelling in conjunction with an existing dwelling, 

210.040(5); and private accommodations for fishing, 210.050(19), as part of the 

risk of purchasing, constructing, or placing a residential structure in a Forest 

Resource area. In addition, fire prevention authorities may require curtailment 

of certain activities during the fire season. Jackson County shall be a party to 

this declaration which cannot be removed or modified without written consent of 

the County." 

2) The following shall be included under home occupations and are subject to the sections 

of the Ordinance cited: 

A) Alteration and use of historic landmarks and structures, subject to the provisions 

of Chapter 266. 

B) Bed and breakfast service, subject to the provisions of Section 280.240, and to 

Chapter 266 if the building is listed in or determined eligible for listing on the 

Jackson County Register of Historic Landmarks. 

210.100 SITING STANDARDS FOR DWELLINGS AND STRUCTURES IN THE FOREST 

RESOURCE DISTRICT: 

The following siting standards shall apply to all new dwellings and structures in the Forest 

Resource district. These standards are designed to make such uses compatible with forest 

operations and agriculture, to minimize wildfire hazards and risks and to conserve values found 

on forest lands. 

1) Dwellings and structures shall be sited on the parcel so that: [OAR 660-06-029(1)] 

A) They have the least impact on nearby or adjoining forest or agricultural lands; 

B) Adverse impacts on forest operations and accepted farming practices on the tract 

will be minimized; 

C) The amount of forest lands used to site access roads, service corridors, dwellings 

and structures is minimized; and, 

D) The risks associated with wildfire are minimized. 

2) Conditions of approval satisfying Subsection 210.100(1) and this Section may include 

setbacks from adjoining properties, clustering near or among existing structures, siting 

close to existing roads, and siting on that portion of the parcel least suited for growing 

trees. [OAR 660-06-029(2)] 

3) A dwelling proposed under Section 210.070, 210.080 or 210.090 is not allowed if it is 

prohibited by or will not comply with the requirements of the Comprehensive Plan and 



the Land Development Ordinance or other provisions of law. [ORS 215.705(1)(c) & 215.740 

(4)(a)] 

4) Dwelling and structures shall meet the fire safety requirements and guidelines outlined 

in Section 280.100. [ORS 215.730(1)(b)(A),(D),(E),(F),(G) & 215.730(2)(a), (b) & OAR 660-06-035 & 

OAR 660-06-040] 

5) The applicant shall provide evidence that the domestic water supply is from a source 

authorized in accordance with Department of Water Resources Oregon Administrative 

Rules for the appropriation of ground water (OAR 690, Division 10) or surface water 

(OAR 690, Division 20) and not from a Class II stream as defined in the Forest Practices 

Rule [(OAR 629-24-101(3)]. If the water supply is unavailable from public facilities or 

sources located entirely on the property, then the applicant shall provide evidence of 

legal authorization permitting domestic water lines to cross properties of affected owners. 

For purposes of this Subsection, evidence of a domestic water supply means: 

A) Verification from a water purveyor that the use described in the application will 

be served by the purveyor under the purveyor's rights to appropriate water; 

B) A water use permit issued by the Water Resources Department for the use 

described in the application; or, 

C) Verification from the Water Resources Department that a water use permit is not 

required for the use described in the application. If the proposed water supply 

is from a well and is exempt from permitting requirements under ORS 537.545, 

the applicant shall submit a copy of the Water Well Report to the Department 

upon completion of the well. [ORS 215.730(1)(b)(C) & OAR 660-06-029(3)] 

6) As a condition of approval, if the road access to the dwelling is by a road owned and 

maintained by a private party or by the Oregon Department of Forestry, the U. S. Bureau 

of Land Management, or the U. S. Forest Service, then the applicant shall provide proof 

of a long-term road access use permit or agreement. The road use permit may require 

the applicant to agree to accept responsibility for road maintenance. [OAR 660-06-029(4)] 

7) If the lot or parcel is more than ten acres, approval of a dwelling shall be subject to the 

following requirements: [OAR 660-06-029(5)] 

A) Approval of a dwelling requires the owner of the tract to plant a sufficient number 

of trees on the tract to demonstrate that the tract is reasonably expected to meet 

Department of Forestry stocking requirements at the time specified in 

Department of Forestry administrative rules. 

B) The Department shall notify the County Assessor of the above condition at the 

time the dwelling is approved. 

C) The property owner shall submit a Stocking Survey Report to the County 

Assessor and the Assessor shall verify that the minimum stocking requirements 

have been met by the time required by Department of Forestry Rules. The 

Assessor shall inform the Department of Forestry in cases where the property 



owner has not submitted a Stocking Survey Report or where the survey report 

indicates that minimum stocking requirements have not been met. [ORS 

215.730(1)(a)(B)] 

D) Upon notification by the Assessor, the Department of Forestry shall determine 

whether the tract meets minimum stocking requirements of the Forest Practices 

Act. If the Department of Forestry determines that the tract does not meet those 

requirements, they will notify the owner and the Assessor that the land is not 

being managed as forest land. The Assessor shall then remove the forest land 

designation pursuant to ORS 321.359 and impose the additional tax pursuant to 

ORS 321.372. 

8) The following declaration shall be recorded in the manner and format provided by the 

County: 

"Declarant and declarant's heirs, legal representatives, assigns, and lessees, hereby 

acknowledge and agree to accept by the placement of this covenant, or the acceptance 

and recording of this instrument, that the property herein described is situated on or near 

forest land, and as such may be subject to common, customary, and accepted forest 

practices on adjacent or nearby lands which ordinarily and necessarily produce log truck 

and heavy machinery traffic and noise, dust, smoke, and other types of visual, odor, and 

noise pollution which declarant accepts as normal and necessary forest management 

practices, and recognizes the rights of adjacent and nearby land owners to conduct 

forest operations consistent with the rules for parks and campgrounds, 210.050(13); 

reservoirs and water impoundments, 210.050(10); home occupations, 210.040(4); a 

manufactured dwelling in conjunction with an existing dwelling, 210.040(5); and private 

accommodations for fishing, 210.050(19), as part of the risk of purchasing, constructing, 

or placing a residential structure in a Forest Resource area, and that the declarant and 

declarant’s heirs, legal representatives, assigns, and lessees hereby recognize that they 

are prohibited from pursuing a claim for relief or cause of action alleging injury from 

forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. In 

addition, fire prevention authorities may require curtailment of certain activities during the 

fire season. Jackson County shall be a party to this declaration which cannot be 

removed or modified without written consent of the County." 

210.110 PERMIT EXPIRATION DATES: 

1) Except for a land division, a discretionary decision made after November 4, 1993, 

approving a proposed development on Forest Resource, Woodland Resource or Open 

Space Reserve Land outside an urban growth boundary and approved under this 

Chapter is void two years from the date of the final decision if the development action is 

not initiated in that period. 

2) The County may grant one extension period of up to 12 months if: 

A) The applicant makes a written request for an extension of the development 

approval period; 



B) The request is submitted to the County prior to the expiration of the approval 

period; 

C) The applicant states reasons that prevented the applicant from beginning or 

continuing development within the approval period; and, 

D) The County determines that the applicant was unable to begin or continue 

development during the approval period for reasons for which the applicant was 

not responsible. 

3) Approval of an extension granted under this Section is an administrative decision, not 

a land use decision as described under ORS 197.015, and is not subject to appeal as 

a land use decision. 

4) Additional one-year extensions may be authorized where applicable criteria for the 

decision have not changed.

Chapter 210âForest Resource (FR) District - Jackson County Oregon

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Chapter 210âForest Resource (FR) District - Jackson County Oregon