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County approves irrigation reservoir for vineyard despite concerns

August 15, 2024 | Yamhill County, Oregon


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County approves irrigation reservoir for vineyard despite concerns
In a recent government meeting, the planning commission discussed an appeal concerning the approval of an irrigation reservoir intended to support a vineyard operated by Red Hills Farm, LLC. The appeal was brought forth by Karen Hanson and is a continuation from a previous staff recommendation made on July 18, 2024.

The parcel in question is designated as AF-20, which falls under the jurisdiction of statewide planning regulations aimed at protecting agricultural lands. The definition of farm use, as outlined in local ordinances, includes various agricultural activities, such as vineyard planting, and extends to the onsite construction and maintenance of facilities necessary for these activities.

During the meeting, it was emphasized that the proposed irrigation pond qualifies as a farm use. The applicant's attorney referenced several court decisions, notably a Supreme Court ruling in Brent Meyer versus Jackson County, which restricts counties from imposing additional criteria on farm uses. This legal precedent suggests that the county is obligated to approve the irrigation reservoir as an outright permitted use.

Commissioners engaged in deliberation, confirming that the AF zones allow for interchangeable uses, which are protected under both agricultural and forestry goals. They noted that while significant developments, such as equine facilities or wineries, can be established without extensive land use hearings, the applicant must still secure necessary permits from state water resources authorities before commencing construction.

The discussion highlighted the balance between agricultural development and regulatory compliance, underscoring the complexities involved in land use planning and water resource management. The meeting concluded with a recognition of the need for further state-level approvals before any physical work on the reservoir could begin.

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