Rural Oregon Property Answers — Wells, Septic, Zoning

Wells · 3

WellsDoes Oregon require a well test when you sell a house?Yes. Under ORS 448.271, if the property you are selling has a well that supplies ground water for domestic use, you must have it tested for arsenic, n…WellsHow do I find the well log for a property?Search the Oregon Water Resources Department's well report database at apps.wrd.state.or.us/apps/gw/well_log. It is free, it is public, and it holds d…WellsThe house shares a well with a neighbour. What should I check?Whether there is a recorded shared well agreement, and what it says. A shared well without a recorded agreement is a financing problem and a future di…

Septic · 3

SepticWhat if there's no septic permit on file for a property?You get an Existing System Evaluation Report. When a property has a septic system but no as-built drawing or permit in the county record, that report …SepticHow many bedrooms is my septic approved for, and can I add one?Your septic permit states the design capacity, and that number — not the zoning, not the lot size — is usually what caps the bedroom count…SepticHow do I find out if bare land will pass for a septic system?You apply for a site evaluation. Under OAR 340-071-0150 it is the required first step before anyone can issue a construction-installation permit for a…

Taxes · 1

TaxesIf I sell land that's in farm or forest deferral, do I owe the back taxes?Usually not, and this is the single most misunderstood thing about rural land in Oregon. Selling is not what triggers the additional tax — chang…

Water rights · 1

Water rightsDo water rights come with the land when I buy it?A certificated water right is appurtenant to the land under ORS 540.510 — it attaches to the ground, and on a sale it is treated as included unl…

Land use · 3

Land useI own bare EFU land. Can I build a house on it?Not automatically, and owning the land is not the qualifying fact. Exclusive farm use zoning exists to keep farmland farmed, so a dwelling has to fit …Land useHow much farm income do I need to build a farm dwelling?On high-value farmland the tract must have produced at least $80,000 in gross annual income from the sale of farm products. On land not identified as …Land useCan I split my acreage and sell off a piece?Maybe, and the first thing to get straight is which process you are in. Under ORS 92.010 dividing a tract into two or three parcels within one calenda…

Manufactured · 1

ManufacturedIs a manufactured home real property or personal property?It depends on whether it has been recorded in the county deed records under ORS 446.626. Until it is, a manufactured home is titled personal property …

Access · 1

AccessWhat happens if a property has no legal access?A driveway is not legal access. What matters is whether there is a recorded, enforceable right to cross the ground between the parcel and a public roa…

Floodplain · 1

FloodplainThe property is in a flood zone. What does that actually mean?It means development there is regulated, and that the rules come from your city or county rather than from the state. Oregon's Department of Land Cons…

Rainwater · 1

RainwaterIs it legal to collect rainwater in Oregon?Yes. This is one of the most persistent bits of misinformation in rural property — people are thinking of Colorado's old rule, not Oregon's. ORS…

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