Department of Land Conservation & Development v. Yamhill County

The Department of Land Conservation and Development (DLCD) seeks review of LUBA’s decision affirming Yamhill County’s approval of a so-called “lot of record dwelling” in an exclusive farm use (EFU) zone. We affirm.

Donald and Sarah Duncan acquired the property in question in 1973. In 1996, their son Robert Duncan (Duncan) bought the property from them and applied to the county for permission to site a dwelling on it pursuant to ORS 215.705 and corresponding local legislation. ORS 215.705 provides, as relevant:

“(1) A governing body of a county or its designate may allow the establishment of a…