The opinion
*679 HOLMAN, J.,
concurring.
It is my conclusion that the parties in this case have had a limited vision of the issues, though invited by the court by its questions to counsel prior to argument to broaden their horizons. The principal issue, as I see it, is whether the use to which the property is being put complies with "farm use” as defined by ORS 215.203(2)(a). The parties have sidetracked themselves with detailed discussions of other aspects of the case. Regardless of the merits of these other arguments, if the proposed use is not a "farm use” as defined by ORS 215.203(2)(a), Goal 3 has not been complied with. That goal is as follows:
"Agricultural lands shall be preserved and maintained for farm use, consistent with existing and future needs for agricultural products, forest and open space. These lands shall be inventoried and preserved by adopting exclusive farm use zones pursuant to ORS Chapter 215. Such minimum lot sizes as are utilized for any farm use zones shall be appropriate for the continuation of the existing commercial agricultural enterprise within the area. * * *” (Emphasis added.)
LCDC has specifically adopted the definition of "farm use” provided by ORS 215.203(2)(a), which is in part as follows:
*680 "As used in this section, 'farm use’ means the current employment of land including that portion of such lands under buildings supporting accepted farming practices for the purpose of obtaining a profit in money by raising, harvesting and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing aniinals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. * * * ” (Emphasis added.)
In addition, in ORS 215.243 the legislature sets forth its land use policy, which in part is as follows:
"The Legislative Assembly finds and declares that: * * % *
"(2) The preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state’s economic resources and the preservation of such land in large blocks is necessary in maintaining the agricultural economy of the state and for the assurance of adequate, healthful and nutritious food for the people of this state and nation.” (Emphasis added.)
The issue is whether the use of the land in small parcels where the owners "live in” and "work out” and use the land to raise products for home consumption, selling any surplus, meets the definition of farm use as set forth in ORS 215.203(2)(a) as supplemented by LCDC Goal 3. It is my opinion that it does not.
The selling of surplus products over those needed for family use in such a situation is, in my opinion, not the use of land "for the purpose of obtaining a profit.” (Emphasis mine.) 1 The purpose of the use of the property is for residence purposes while "working out” and to raise food for home consumption. The sale of any surplus is incidental and not the use of the land "for the purpose of obtaining a profit in money.” There is no testimony that the small tracts could ever be *681 operated profitably. To make the matter even clearer, the 1979 Legislature amended ORS 215.203(2)(a) by the insertion of the word "primarily” in front of the just quoted words. To the statutory criteria is added the requirement of LCDC’s Goal 3 that the land’s use be part of a "commercial agricultural enterprise.” While this term is used in reference to the total existing agricultural enterprise, including processing and marketing, it shows LCDC’s intention as to the extent of the agricultural use which it contemplates.
When the above is coupled with the stated purpose of preserving agricultural land in "large blocks,” the conclusion that the approval of such a plan as the present one was contemplated by either the legislature or LCDC, in my opinion, cannot logically follow. The subdividing of land as suggested here is an irreversible process. After the homes are built the land can never be converted to "commercial agriculture” or "open space.” It is difficult for me to see how the legislature and LCDC could have worded general statutes and regulations to more clearly show that they would disapprove of the use contemplated here.
I concur in the majority opinion only because all concerned have steadfastly refused in the face of invitation to raise the issue whether the anticipated use here is "farm use.” There may be reasons why it has not been but, if so, those reasons are not apparent either to me or to the rest of the court. By this statement I do not intend to imply that had the question been raised the remainder of the court would agree with me. There was no necessity for them to cross the bridge.
I realize that a profit does not necessarily have to be made, only that the property be occupied for that purpose.