Oregon real estate in Port Orford on the southern Oregon coast-Sixes River Land Company

Buying property on the southern Oregon coast presents a unique set of challenges not found in other parts of the country. Restrictive zoning laws, landslides and earthquakes and significant amounts of rainfall all present certain obstacles that a potential Oregon landowner should be aware of. This section is offered to you in hopes that it will answer some of the many questions out of state residents might have. It lists important county and city agencies, phone numbers and addresses, and gives ideas for finding answers to your questions. This section is in no way intended to replace working with a qualified agent or seeking answers yourself. It is, however, a place to begin.

This section is divided into two parts; buying raw or undeveloped land and buying land with an existing dwelling. Each has its own set of issues that need to be addressed. Since buying property involves a large financial transaction, our friends, the attorneys, can become involved. That said, we have to add the following disclaimer:

The state of Oregon has the most restrictive land use laws of any state in the country. It is a model for other states and one of the many reasons our state is such a nice place to live. Before buying property in Oregon, you should make sure that you know what the land is zoned for and whether the zoning allows you to do what you want with the land. There have been recent cases where people have bought land here and later have found that they could not legally live or build on the land.

Most of the land outside of the city or Urban Growth Boundary (UGB) is zoned Timber (T), Forestry and Grazing (F/G) or Exclusive Farm Use (EFU). In order to build a house on an undeveloped property zoned T, F/G or EFU, the land must have been acquired by the owner prior to January 1, 1985. If you have not owned the property since then, then the property must be at least 160 contiguous acres in size. In some instances, a smaller piece can be built on but only after it passes a 160-acre grid test. The grid test is used to test whether other parcels surrounding your parcel have been developed and to determine whether the overall use of the land has changed from resource to residential. The test also factors in the productivity of the soil of the parcel you want to live on. The grid test is complicated and there are several conditions which have to be met in order for the test to be valid. These included the shape, alignment and orientation of the grid. It is strongly recommended that you have the Planning Department (Curry County 1-541-247-7011 or Coos County 1-541-396-3121) or a qualified agent explain the test thoroughly before you attempt it.

Additionally, many older properties which have existing structures may or may not have been permitted with the county prior to building. Check with the County Assessors Office to see if these structures were actually taxed as houses. To be authorized to replace an existing dwelling in a T, F/G or EFU zone, the county requires that as a minimum, the house must have been lawfully cited and has intact exterior walls and roof, electrical wiring, indoor plumbing and heating. If in doubt, check with the county to make sure.

Within the city limits, land zoned for building a single family dwelling is zoned R-1 (Residential 1) or R-2. R-5 and R-10 are zones for residential use outside of the UGB. R-1 and R-2 zoned property allow single family residences which can be either a regular stick built home or manufactured home. Recreational vehicles or trailers may only be used as residences during the construction phase (generally six months or less) and only after receiving a Conditional Use Permit (CUP) from the county or city planning departments.

Within Port Orford, horses and livestock for private use are permitted if the parcel is at least 1 acre in size. Within other cities, livestock requires a CUP. Other conditional uses, including home businesses, may be permitted under a CUP. These are issued by the City or County Planning Director or by the City or County Planning Commission. In subdivisions where CC & R's apply (Conditions, Covenants and Restrictions) more restrictive rules govern what type of home you can have. Always make sure that the developer or your agent provides you with a copy of these CC& R's prior to buying a property.

The southern Oregon coast is in the Klamath Mountain Province. This area is similar in topography to much of the Pacific Northwest coast and is comprised of steep, densely forested hillsides drained by coastal rivers which form river and beach alluvial flood planes. This steep topography, rainfall amounts of more than 55 inches per year and incompetent clay rich marine formations are the reason that property here can be susceptible to earth movement (including landslides) and flooding. And, we are located near the contact of two major tectonic plates. Periodic movement of these two plates can cause earthquakes along this contact and resulting tidal waves (tsunamis). This has resulted historically in coastal and lowland flooding. Therefore, it is very important that before you buy a property here on which you are planning on building, you first determine that the ground is stable enough to support a dwelling and not in an area prone to flooding.

Property with steep slopes and unstable banks should be examined carefully by a Geologist or Geological Engineer to determine whether it is a suitable building site. Other evidence such as bent or bowed evergreen trees, hummocky, scalloped or uneven topography, excessive clay exposed in surface cuts, surface springs or seeps and apparent downhill movement along surface fractures probably indicates past movement and the potential for future downhill earth movement. Additional, building sites with unstable high bank cliffs, freshly eroded without vegetation which are undercut by roads, rivers or ocean wave actions may also be prone to landslides or soil movement. Properties with these conditions should be examined carefully to determine whether they are suitable to build on and which areas of the properties may be better suited as a building site. On hillsides prone to earth movement, erosion may be accelerated by excavation during road building and house site development. And, effluent from on site septic systems saturating unstable ground will also tend to accelerate earth movement.

The Department of Oregon Geology and Mineral Industries has mapped much of the southern Oregon coastline and have identified areas which are prone to earth movement in their Bulletin 90 Land-Use Geology of Western Curry County, Oregon dated 1976. The Curry County Planning Department uses Bulletin 90 as its basis to determine which areas of the county require a geologic report prior to issuing a building permit. Consult with the Curry County Planning Department (1-541-247-7011) or an Oregon Register Professional Geologist to determine if your building site is in an area designated by Bulletin 90 as prone to earth movement. If it is, consult with your Geologist and/or Geologic Engineer to determine wether you can safely build on the site and whether you need to engineer a foundation specific to your building site.

Property Survey

Property boundaries are described by legal description on a deed. One of the most common ways used today to describe a property boundary is by a metes and bounds description. This is a bearing and distance from a point of beginning along the property boundary back to the point of beginning. It is important that when you buy a property, the metes and bounds description of the property as recorded on the deed matches with the actual boundaries on the ground.

In many instances, man-made structures such as fences, driveways, masonry walls and landscaping falsely indicate where a property boundary is and may not be the actual legal boundary of the property. In the past, people neither had the means or saw the importance of surveying a boundary before they built a fence, etc. If this is the case, then the man-made structure defines a Boundary of Occupation. If the fence line or other structure has been in existence for 10 or more years than the property owner whose fence overlaps his neighbor's land is said to have a Prescriptive Right to use the neighbor's land. Again, this will differ from the legal boundary as described on the deed. Prescriptive Rights to maintain control of land that is not described in your deed can be challenged in court and can be difficult and costly to prove.

When buying a property, it is important to have the legal owner or a surveyor physically mark the property corners and boundaries. A tree, rock, fence post or other object, even though it is assumed to be a legal corner by the current owner, may not be the actual property boundary unless it is described as such in the deed. If the corners have been placed by a Licensed Oregon Surveyor, they will be metal posts driven into the ground and capped with plastic caps with the surveyor's identifying number. The property owner or surveyor should have a survey map showing the metes and bounds description of the property. The corners should match the distance and bearing as described by the metes and bounds description on the survey or deed. If they don't or if the corners are not plainly marked you should hire a licensed Oregon Surveyor to mark the property corners.

It is also important before buying a property to determine whether there are any existing easements on the property. An easement is the right for someone else to use your property (such as the right of someone to use a road that crosses your land). Recorded easements are listed on the property deed and will show up on the title search when escrow is opened. Make sure that you understand the easements, i.e., who can use them, to what extent they can use them, how wide they are and any other particulars. You may also want to check and see if anyone has a Prescriptive Easement to the land (an easement that is not deeded but has been used for several years). If so, you may have to honor this easement even though it is not recorded in your deed. If you have any questions concerning the property boundaries or easements on an existing property that you are considering buying, consult with the Curry County Surveyors Office (1-541-247-7011) or call a licensed Oregon Surveyor.

Even though the southern Oregon coast gets in excess of 55 inches of rain a year, a reliable surface or underground domestic water supply may be difficult to find on the property that you are thinking about buying. In many areas of our county, the subsurface geology does not have well-developed aquifers. Unfortunately, many times Buyers do not discover that they have a water source problem until after they have purchased the property and then often after spending thousands of dollars in trying to develop a well. It is important to determine whether you have a viable water source on the property before you buy it.

Normally, a hand dug or drilled well is superior to a surface source. Surface sources are much more likely to dry up in drought years, generally need more maintenance to keep flowing and are much more susceptible to contamination. Sometimes, if the property is large enough and has an exempt spring or creek (one that does not flow off the property) a suitable surface water source can be developed. Otherwise, a sub surface water source is better.

The only way to actually know whether a property has a reliable subsurface water source is to develop a well. This can either be drilled or hand dug. Unfortunately, this may not be practical due to time and money prior to the close of escrow. There are some things that a Buyer can do to help him determine whether a property has the potential for a reliable underground water source. First and foremost, if there is year round surface water on the property such as a spring, creek, river, pond or lake, then chances are good that there is an equivalent underground water source. Surface water "charges" or replenishes subsurface aquifers and vice versa. If there is not a surface water source, then determining the geology of the property, as outlined in The Department of Oregon Geology and Mineral Industries Bulletin 90 Land-Use Geology of Western Curry County, Oregon dated 1976 can help. Bulletin 90 has geologic maps of the county and also describes which geologic formations have suitable aquifers. Determining where you are in the geologic section can do a great deal to help you determine what your chances are for finding ground water.

You can also check with the Water Master in Coquille (1-541-396-3128, ext. 254). He can give you information about other wells near the property you are considering buying. You will need to know the township, range and section of the property. Most recorded wells have well logs on file with the water master. These well logs describe the amount of water that the well produces, the depth and other pertinent information. These well logs will help you to determine the chances of developing a water well on your property.

The determination as to whether a property is suitable for an on-site septic system is as important to getting a building permit as is the zoning of the property. Prior to a building permit being issued or a permit to place a manufactured home, a property has to pass a Septic Feasibility Test which determines whether an on-site septic system will work on the property.

In order to apply for a septic feasibility test you must submit an application to the Curry County Planning Department. With the application you must provide a plot plan drawn to scale of the property showing the proposed house site, roads, surface water, well and any other significant land marks. You also have to dig two test pits, 5 feet deep and within 25 feet of each other. These need to be located where the septic system leach field will be located, away from any surface water including your well, and at least 50 feet from any cut bank or road cut. For specifics as to where to dig the test pits, the fee for the feasibility test and the amount of time needed to issue the permit, contact the Curry County Public Services Department (1-541-247-7011).

Before he approves your septic feasibility permit, the county sanitarian will field check the test pits that you have dug. He will look at the amount of clay in the soil to determine whether the soil will "perc," the depth of the organic root wad at the surface of the soil and the depth of ground water in the soil. His tests are done to determine how well septic effluent will disperse into the soil and whether there is any possibility that surface or subsurface water will be contaminated. If he determines that the soil is not suitable for a conventional septic system leach field, he may order a sand filter system be installed. This is a canister that filters the septic effluent prior to being discharged into the leach field.

Building permits are issued by the Curry County Public Services/ Building Inspector (1-541-247-7011). Electrical Permits are issued by the state. The state electrical inspector for our region is located in Coquille (about 40 miles north). His number is (1-541-396-2148).

In order to obtain a building permit you must first have an approved septic feasibility permit (see Septic Systems) and an approved Plan Review from the county planning director. The plan review verifies that the property is zoned for a single family residence and that you have contacted all of the affected county and city agencies (Utilities, Fire Department, etc. ) You must submit a set of plans to the county building inspector with a check and a completed application form. The plans must be drawn to scale showing detailed plan views of the foundation, floor, walls and roof and cross-sectional views through different elevations. Once the plans are approved, you have one year in which to begin building. If you are unable to start withing one year you can generally get a one year extension. If you fail to begin construction prior to the end of the second year you will have to reapply and pay for a new building permit.

Existing private water and septic systems should be inspected prior to buying a property. By law, a Seller must provide the Buyer with a water quality test for both total and fecal colliform. The test has to be done by a certified lab and collected by an independent and certified technician. The presence of total colliform in a well or other water system indicates that there is some organic material in the water. This is normal and can usually be treated with either chemical, UV or a triple ozone filter system. Fecal colliform is very harmful and can cause a variety of very serious illnesses. The presence of fecal colliform in a water source may indicate contamination from a septic or sewer system.

Other tests that can be done to a private water source are for nitrates and heavy metals. Nitrate contamination is generally due to the presence of fertilizer associated with an agricultural or landscaping use. Heavy metal contamination can be due to either man made causes or metal occurring naturally in the surrounding rock formations. If man-made contamination is suspected (such as a dump or other industrial source) heavy metals should be tested for. Otherwise, natural heavy metal contamination is not generally a problem here on the south coast.

Another useful test is a flow or well draw down test. This is a timed test to determine the amount of water that the well is producing and the recharge rate of the well. This should be done during the driest part of the year, if possible, and should be performed by a licensed technician or well driller. Generally, 5 gallons per minute is an acceptable recharge rate for a standard residence.

House and Pest Inspections

Our wet winters cause both older and newer homes and buildings a variety of problems not seen in drier climates. Leaky roofs, wall siding, doors, windows and chimneys are just a few places where moisture can get into a building and eventually cause water staining, warping and eventually dry rot. Continued and prolonged exposure to water can cause walls and ceilings to warp, which can affect electrical, plumbing, mechanical and structural parts of the building. In some instances, the property owners are unaware of the damage or at least the extent of the damage and therefore do not disclose to the Buyer that there may be a problem. That is why whenever you buy a home or building it is always a good idea to have a Whole House Inspection preformed by a licensed and bonded inspector. He should also preform a dry rot and pest inspection. Your offer to purchase a property should be contingent upon the inspector providing you with a satisfactory report. As the Buyer, you should hire and pay for the inspection. This way, if there is a problem that the inspection did not catch, you can deal directly with the inspector to get the issue resolved.

The Whole House Inspection Report will detail each part of the building and the condition or shape that each is in. It will outline which areas of the building need repair. Generally, the most critical or potentially expensive repairs will be highlighted in the front section. Your agent should have a list of local, reputable and insured Whole House Inspectors who are familiar with our climate, the problems that it causes home owners and who can keep you from buying into an expensive repair bill.

Power was first made available to the southern Oregon coast by the Rural Electrification Administration which was created by Franklin D. Roosevelt in 1935. The REA provided low-interest loans to cooperatives of rural residents willing to share the costs of bringing power to their homes. Today, the headquarters of the Cooperative is located in Port Orford, Oregon. The Coos-Curry Electrical Cooperative buys its power from the Bonneville Power Administration and distributes the electricity over lines that it owns and maintains. The Cooperative is owned and operated by the people it serves and is run by an elected Board of Directors. The aim of the Cooperative is to make electric energy available to its members at the lowest cost available.

Currently, both residential and commercial members of the Coos-Curry Electrical Cooperative pay $.051 per KWH (Kilowatt hour) plus $15.00 per month basic charge per meter. In addition, the Coos-Curry Electrical Cooperative's Consumer Advocate Board will make low interest loans to its members to improve and upgrade the insulation and heat source in their homes. This is especially important in lieu of anticipated increases in wholesale prices from the Bonneville Power Administration to the Cooperative.

Average monthly electrical costs to members and home owners on the south coast vary depending upon their heat source, home insulation, number of family members, etc. In addition to low interest loans, the Coos-Curry Electrical Cooperative will preform an energy audit on your home to determine how you might save money on your monthly electrical bill. The people at the Coos-Curry Electrical Cooperative are very helpful and can be reached at 1-541-332-3931.

In May of 1997, Oregon voters passed Measure 50 which significantly changed the way property is taxed in Oregon. Starting in 1997-1998, assessed values on property were reduced and permanent property tax rates were calculated. The main result of Measure 50 is it limited the growth in assessed value to 3% per year. This growth rate is applied to the properties assessed value until the assessed value and actual value or real market value are equal. Then rates are frozen. This does not extend to local levies, or new construction.

Internet Service

Port Orford currently has several Internet Service Providers that provide local (toll free) access numbers. These include AOL, MSN and Harborside. Verizon has currently completed the final portion of the fiber optic "backbone" from Bandon to Brookings (completed fall of 2001) and promises to have DSL available to certain portions of the downtown area of Port Orford by the winter of 2001. Currently, the fastest download speed available is 56,ooo baud. This varies depending upon where you are located and the distance you are from the telephone switching station. For areas outside the city that do not have DSL, satellite systems do offer an affordable solution. Current technology allows a 1.5 mbps download and upload. To contact Harborside call 1-800-680- 8855 and to contact Verizon Communications call 1-800-800-8488.

Buying Property on The Southern Oregon Coast

Property Survey

Water Sources

Building Permits

Water and Septic Systems

House and Pest Inspections

Electric and Gas Utilities

Property Taxes

Internet Service