By John Butterfield | 3-minute read
On March 12, 2026, the Land Use Board of Appeals (LUBA) issued a critical decision to protect agricultural lands in Marion County, Oregon. This appeal concerned the county’s approval of a landowner’s request to convert 20 acres of high value farmland outside the city of Salem to residential use. The county’s decision would have permanently removed the land from agricultural production.
Marion County approved the landowner’s use of an exception to Oregon’s general requirement that agricultural lands be designated and zoned for agriculture: the exception for “irrevocably committed” properties. This exception allows agricultural land to be zoned for residential and other uses when surrounding development makes farming “impracticable.” Oregon’s courts have repeatedly found that this exception is intended to be rare and only used in very specific circumstances.
The twenty-acre tract of agricultural land at issue in Friends of Marion County v. Marion County does not meet the requirements for such an exception. The property is actively farmed, consists of high value soils, and is located in a region of the county where farming and some rural residential uses have co-existed for decades.
Represented by 1000 Friends Staff Attorney John Butterfield, Friends of Marion County challenged the County’s approval of the “irrevocably committed” exception for the property. In its decision, LUBA agreed that the exception was inappropriate, finding that the alleged conflicts identified by the landowner and the county did not support a finding that farming the property was impracticable.
This is the second time 1000 Friends and Friends of Marion County have had to appeal the County’s approval. In 2021, 1000 Friends’ former Staff Attorney Andrew Mulkey brought a similar challenge to the county’s first attempt to remove the agricultural protections applied to this high value farmland. That challenge was also successful and resulted in the decision being sent back to the county for reconsideration.
“Marion County’s farm and forest lands are the backbone of our thriving agricultural economy. Preventing loopholes like the exception process from being misused to pave over farmland ensures that we keep our farming businesses strong and keeps Marion County a great place to live.”
—Roger Kaye, President, Friends of Marion County
In 2025, relying on the same facts that LUBA found inadequate in 2021, the county again approved the irrevocably committed exception, launching Friends of Marion County’s most recent appeal. The good news is that this cycle is now over. In its March 2026 decision, LUBA found that it would be impossible for the landowner to show that this farmland was irrevocably committed to non-farm use. LUBA therefore took the unusual step of reversing the county’s decision, rather than merely remanding it. LUBA observed that the landowner had been given a second chance to bolster their arguments with better evidence and had failed to do so.
LUBA’s order reversing the decision prevents a third attempt to improperly convert this high value farmland through the exceptions process. The order also keeps this agricultural land, and similar land across the state, available for Oregon farmers and ranchers to produce the food and fiber on which we all depend.
“We’re grateful to 1000 Friends for helping Friends of Marion County protect our farmland and ensure the next generation of Oregon farmers can have a bright future here.”
—Roger and Aileen Kaye, Friends of Marion County