10.922 Riparian Corridors, Applicability.
(1) The provisions of Sections 10.920 through 10.928, “Riparian Corridors,” shall be applied to:
(a) Those waterways, or portions thereof, identified by the Medford Comprehensive Plan as being fish-bearing streams, and any other waterways, or portions thereof, specified in the Medford Comprehensive Plan as having riparian areas determined to be significant.
(i) Those portions of streams designated fish-bearing in the Comprehensive Plan include: Bear, Elk, Swanson, Lone Pine, Lazy, Larson, Gore, and Crooked Creeks. Specifically:
(A) Bear Creek: all of Bear Creek in the city limits of Medford.
(B) Elk Creek: from Beall Lane south 0.05 miles.
(C) Swanson Creek: from Crater Lake Highway west 0.38 miles.
(D) Lone Pine Creek: from Bear Creek east 1.8 miles to Temple Drive.
(E) Lazy Creek: from Bear Creek east 1.68 miles.
(F) Larson Creek: from Bear Creek east 3.9 miles to North Phoenix Road, and the south fork of Larson Creek from North Phoenix Road east 1.2 miles.
(G) Gore Creek: from Bear Creek southwest 0.82 miles.
(H) Crooked Creek: from Bear Creek southwest 2.08 miles.
(b) The provisions shall apply regardless of whether or not a building permit, development permit, or land use approval is required, and do not provide any exemption from state or federal regulations.
(c) Where riparian corridors are located within the Southeast (S-E) overlay zoning district, the provisions of Sections 10.920 through 10.928, “Riparian Corridors,” shall take precedence.
(d) When a locally significant wetland is located within or adjacent to a riparian corridor, the riparian corridor setback will be applied, and shall be measured from the boundary of the wetland.
(2) Applications for land use review (except Annexations), development permits, or building permits, and plans for proposed public facilities on parcels containing a riparian corridor, or a portion thereof, shall contain a to-scale drawing that clearly delineates the top-of-bank and riparian corridor boundary on the entire parcel or parcels.
(3) When reviewing land use applications or development permit applications for properties containing a riparian corridor, or portion thereof, the approving authority should consider the purpose statements in section 10.920, “Riparian Corridors, Purposes” in determining the extent of the impact on the riparian corridor.
(4) The Planning Commission shall be the approving authority for applications for exceptions to the provisions herein pertaining to Riparian Corridors. In addition to the provisions of Section 10.186 such a request shall be submitted to the Oregon Department of Fish and Wildlife for a habitat mitigation recommendation pursuant to O.A.R. 635-415 “Fish and Wildlife Habitat Mitigation Policy.”
(b) In lieu of the provisions of this section, the significance of individual stream reaches may be determined per the provisions in OAR 660-023-0090. Such a proposal shall be pursued through a Comprehensive Plan Amendment, consistent with Sections 10.214 through 10.228.