[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-238837-105":59,"doc-detail-238837-en":131},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":124,"head_meta":126,"extra_data":128,"updated_unix":130},105,"en","destiny-court-plan-amendment-zone-change-board-decision","DESTINY COURT PLAN AMENDMENT - ZONE CHANGE - Board Decision","","Land use proceeding documents address whether a specific property qualifies as agricultural land under Oregon’s Goal 3 and Oregon Administrative Rule (OAR) 660-033-0020. The record evaluates soil classification, soil fertility, grazing suitability, climatic conditions, irrigation water availability, existing land use patterns, and accepted farming practices, including prior farming attempts and evidence such as photographs and correspondence. A hearings officer’s findings consider failures to graze livestock, insufficient soil quality, and limits of irrigation and speculation to establish agricultural land status, culminating in board deliberation guidance.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/destiny-court-plan-amendment-zone-change-board-decision/238837/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/destiny-court-plan-amendment-zone-change-board-decision/238837.png","ImageObject",300,407,{"name":92,"@type":93},"8796093062539","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-07","2026-09-11",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",14,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"What criteria are applied to determine whether the property is agricultural land under OAR?","Question",{"text":113,"@type":114},"The decision maker considers soil fertility, grazing suitability, climatic conditions, water availability for irrigation, existing land use patterns and required inputs, and accepted farm practices under OAR 660-033-0020(1)(a).","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"Why did the hearings officer find the property not qualifying as agricultural land?",{"text":118,"@type":114},"Findings cited insufficient soil fertility based on the soil study, unsuccessful livestock grazing efforts even with irrigation, irrigation and water availability alone not being determinative, and land use pattern analysis supporting non-agricultural status.",{"name":120,"@type":111,"acceptedAnswer":121},"What role did adjacent or nearby agricultural lands play?",{"text":122,"@type":114},"The record and findings indicated no adjacent farm uses or nearby agricultural lands that would benefit from agricultural use of the property, reducing justification for agricultural-land status based on adjacency.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},238837,1790379973,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":66,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":29,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":144,"preview_page_count":4},8796093062539,"| DESTINY COURT PLAN AMENDMENT (PA) / ZONE CHANGE (ZC)\u003Cbr>Land Use File Nos. 247-22-000436-ZC, 443-PA |  |  |  |  |  |\n| --- | --- | --- | --- | --- | --- |\n|  | Issue Area | Applicable Approval Criteria | Objections and Arguments | Arguments and Findings in Support | Board Decision |\n| 1 | Is the subject property agricultural land with respect to soils? | Goal 3 and Oregon Administrative Rule (OAR) 660-033-0020(1)(a)(A) .\u003Cbr>In Eastern Oregon, agricultural lands are those lands classified by the U.S. Natural Resources Conservation Service as predominantly Class I-VI soils. | No specific objections related to the soil study or the classification of soils on the property were submitted to the record. | The Hearings Officer found the property is predominantly Class VII and VIII soils based on the soils study. | Is the subject property agricultural land with respect to soils?\u003Cbr>1. If no, the Board can continue deliberationsand move to approve the PA/ZC.\u003Cbr>2. If yes, the Board can move to deny the PA/ZC. |\n\n\n| DESTINY COURT PLAN AMENDMENT (PA) / ZONE CHANGE (ZC)\u003Cbr>Land Use File Nos. 247-22-000436-ZC, 443-PA |  |  |  |  |  |\n| --- | --- | --- | --- | --- | --- |\n|  | Issue Area | Applicable Approval Criteria | Objections and Arguments | Arguments and Findings in Support | Board Decision |\n| 2 | Is the property agricultural land with respect to applicable OAR factors? | Goal 3 and Oregon Administrative Rule (OAR) 660-033-0020(1)(a)(B) .\u003Cbr>This OAR requires the decision-maker to determine whether the property is agricultural land by considering the following factors:\u003Cbr>􀁸 Soil fertility.\u003Cbr>􀁸 Suitability for grazing.\u003Cbr>􀁸 Climatic conditions.\u003Cbr>􀁸 Existing and future availability of water for farm irrigation purposes.\u003Cbr>􀁸 Existing land use patterns, technological and energy inputs required, and accepted farming practices.\u003Cbr>􀁸 Accepted farm practices. | The record includes the following arguments and evidence:\u003Cbr>􀁸 Livestock were previously grazed on the property and therefore the property is agricultural land.\u003Cbr>􀁸 Photographs of the subject property depict two large irrigation pivots, irrigated pastures, grazing cattle, livestock fencing, and an irrigation pond.\u003Cbr>􀁸 The photographs demonstrate the subject property is capable of being put to farm use.\u003Cbr>􀁸 The subject property can be used as part of farm operations on other properties because the soils, terrain and hydrology of the subject property are similar to other central and eastern Oregon farms.\u003Cbr>􀁸 The property was previously irrigated, continues to have water rights, and therefore is agricultural land.\u003Cbr>􀁸 Profit is not a consideration in the definition of agricultural land.\u003Cbr>􀁸 The applicant should be required to address whether other types of farm uses, beyond livestock grazing, could be established on the property. | The Hearings Officer made the following findings:\u003Cbr>􀁸 Per the soil study, the property does not have sufficient soil fertility to qualify as agricultural land.\u003Cbr>􀁸 Efforts to graze livestock were unsuccessful even with the application of irrigation.\u003Cbr>􀁸 Viewed on its own, the climatic conditions of the property are not determinative that the property is agricultural land\u003Cbr>􀁸 Availability of water, on its own, is not sufficient to determine that the property is agricultural land.\u003Cbr>􀁸 Applicant’s analysis of existing land use patterns demonstrates that the property is not agricultural land.\u003Cbr>􀁸 There is nothing in the record to suggest that additional, alternative or supplementary technology or energy inputs would improve the property’s ability to be agricultural land.\u003Cbr>􀁸 Per the soil study, utilizing accepted farm practices would not offset the poor soil quality.\u003Cbr>􀁸 LUBA has consistently found that profitability is a factor to be considered. The record indicates prior farming attempts on the property were not profitable.\u003Cbr>􀁸 The mere speculation of possible alternative farm uses is not sufficient, on its own, to determine that the property","cbCaivUScqcQQZyL","https://ap.wps.com/l/cbCaivUScqcQQZyL","pdf",541442,"English","# Issue Area\n## Agricultural land determination under OAR factors\n## Adjacent or nearby agricultural lands","[{\"question\":\"What criteria are applied to determine whether the property is agricultural land under OAR?\",\"answer\":\"The decision maker considers soil fertility, grazing suitability, climatic conditions, water availability for irrigation, existing land use patterns and required inputs, and accepted farm practices under OAR 660-033-0020(1)(a).\"},{\"question\":\"Why did the hearings officer find the property not qualifying as agricultural land?\",\"answer\":\"Findings cited insufficient soil fertility based on the soil study, unsuccessful livestock grazing efforts even with irrigation, irrigation and water availability alone not being determinative, and land use pattern analysis supporting non-agricultural status.\"},{\"question\":\"What role did adjacent or nearby agricultural lands play?\",\"answer\":\"The record and findings indicated no adjacent farm uses or nearby agricultural lands that would benefit from agricultural use of the property, reducing justification for agricultural-land status based on adjacency.\"}]","DESTINY COURT PLAN AMENDMENT - ZONE CHANGE - Board Decision | PDF",1789139915,15]