Comments and Questions from the Planning Commission Open Forums on Riparian 9/10 & 9/24/15

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1 Comments and Questions from the Planning Commission Open Forums on Riparian 9/10 & 9/24/15 Please read the draft Riparian Ordinance posted on the City website. If you missed the Open Forums, but have a question or concern you wish the City to know about regarding the proposed Riparian Ordinance, please contact City Hall. Also note that concerns and questions are answered below; comments from the forums do not include responses. How does the proposed Riparian Ordinance for Shady Cove compare to that of Jackson County or any other cities along the Rogue River? Jackson County, Ashland, Talent, Phoenix, Medford, Central Point, and Jacksonville all have riparian protection ordinances, but the setbacks are less than for those required along the Rogue River. None of the cities along the river have a riparian ordinance that is consistent with the State model code. Are there plans to designate the Upper Rogue Wild & Scenic? No. The confusion stems from a requirement for BLM to prepare a river study as a part of the overall BLM Land Management Plan. BLM needs to evaluate whether or not the portion upstream of the Applegate River is suitable for designation as a Wild and Scenic River, but only for the purposes of determining futures uses of BLM land within the corridor. In other words, they have to manage their land as if the area were to be designated as a wild river so that any uses established would not conflict with a future designation. BLM has only about 700 acres within 1/4 mile of the river that would be affected by the plan; private land is not subject to their plan. Why is there government control on private property? As with other zoning regulations, laws exist to ensure that activities on private land do not adversely affect other properties or resources. Concern about added bureaucracy. There will be some additional Planning Department responsibilities to ensure compliance with the ordinance. The City will need to ensure that activities along the river do not inappropriately reduce the amount of riparian areas, which may include additional code enforcement when evidence of non-compliance is submitted. Concern about the ability to enforce the Riparian Ordinance. The City contracts with the County for code enforcement, most of which is related to building issues. For riparian issues, most agency coordination will be with ODFW, the Department of State Lands, and DEQ. Would like to request the City of Shady Cove conduct monitoring of the temperature of the Rogue River; want proof of a temperature change of the Rogue River between the upriver and downriver boundaries of Shady Cove. The City does not have the capability to monitor water temperatures, but can ensure that information from other agencies is communicated. The Riparian Ordinance purpose is to prevent future problems from pollutants (temperature and bacteria) not necessarily because there is a current problem with pollutants.

2 Why 75 feet width selected for the Riparian Ordinance riparian width? The 75-foot width is considered a safe harbor, which means that state agencies will not object to a city s adoption of the standards. It is meant to provide protection of an entire stretch of a river without having to study each section separately. While the actual riparian zone in some areas is less than 75 feet, it can be much more than 75 feet in others. The 75 feet riparian setback width is too wide. A property owner who feels the setback is too great can hire a wildlife biologist or other expert to prepare a scientific study to justify a narrower setback. Who can give advice on tree removal? An arborist can advise property owners on the removal of diseased trees. If a tree is dead, ODFW can review the proposed removal. Do we need to get a professional arborist to remove a dead tree in the riparian area? Can a dead tree be removed with only the advice of ODFW (Oregon Department of Fish & Wildlife) staff? See previous answer. Who can give advice on native vegetation? Arborists can provide advice on native vegetation, and the City will have a list of native vegetation. A list of native vegetation for this area is included as an Attachment A to the Riparian Ordinance and is posted on the City website for reference. Can we remove living trees within the riparian area? Non-native species may be removed if they are replaced with native species. A native tree must remain unless an arborist provides evidence that the tree is hazardous. Can we plant new trees within the riparian area? Tree planting is encouraged. If my property is already developed do I have to remove anything I ve built within the riparian area? No. Riparian regulations affect only alterations to existing development in the setback area. However, expansion of development within the riparian area will not be allowed. How does this proposed Riparian Ordnance mesh with FEMA regulations? Riparian areas often coincide with floodplains, but they are administered by separate agencies, with sometimes conflicting goals. Protecting riparian areas, however, also ensures a band of vegetation and porous soil to act as a sponge or natural filter, reducing the rapid runoff that increases the severity of the flood. How about the impacts from tourists or non-property owners on the health of the Rogue River? Every human interaction with the river has the potential to affect its health. Maintaining a healthy fringe of vegetation along the river is one of the best ways to protect its health, while also providing a corridor for wildlife. Want a third meeting to answer all the questions. The City provided the opportunity for residents to attend two forums, and the public hearings also

3 provide opportunities for questions to be answered. What does TMDL (Total Daily Maximum Load) mean? TMDL is a program administered by the Oregon Department of Environmental Quality. A TMDL is the calculated pollutant amount that a waterbody can receive and still meet Oregon water quality standards. The DEQ website has extensive information about the program. What are (Oregon) State Planning Goals 5, 6 & 7? Goal 5: Open Spaces, Scenic Areas, and Natural Resources Goal 6: Air, Water and Land Resources Quality Goal 7: Areas Subject to Natural Disasters and Hazards Together, these goals administered by the Land Conservation and Development Commission have the most direct application to riparian regulations of the 14 goals that apply statewide. Every decision to amend a local comprehensive plan or zoning regulation must include findings of consistency with the Statewide Planning Goals. Goal 5 seeks to inventory and protect such features as mineral and aggregate resources, fish and wildlife habitat, wetlands, watersheds, scenic, and historic areas. Goal 6 focuses on reducing air and water pollutants, and Goal 7 is to protect life and property from natural disasters. Allowing no creation of fire breaks within the riparian area makes sense. The riparian area serves as a natural fire break. With native vegetation intact the riparian area provides the moistest vegetation condition on the natural landscape. How does the proposed Riparian Ordinance affect the Jackson County Regional Park in Shady Cove where there is a boat ramp? All preexisting uses in riparian areas may remain. The ordinance does not require alteration of existing development. New development would be subject to the regulations. Explain grass (weed) cutting in simple terms. The ordinance defines lawns as consisting of grass or other ground cover that is less than 6 inches high. The ordinance allows perimeter (to a structure) mowing for fire protection, but does not permit removal of vegetation to create a fuelbreak. In reference to Section III, Part C, #7, if there are holes created by gophers, moles or beaver within the riparian I cannot fill it? All filling, grading, and excavation is prohibited, but filling holes created by animals would be minimal. The intent is simply to maintain existing conditions. Does Shady Cove itself contribute to water quality problems? Waiting for response from Department of Environmental Quality (DEQ) What kind of notice does the property owner need to give to make changes or do work on their property within the riparian area? The City reviews changes to riparian areas and will provide notice depending upon the type of application. All proposed development in the city is to be reviewed and approved by the City of Shady Cove. Are there currently development restrictions in Shady Cove? The Shady Cove Code of Ordinances governs land use in the city. We do not currently regulate riparian

4 setbacks but are required to strictly enforce the Federal Emergency Management Agency (FEMA) Flood Insurance Program (NFIP). Areas in the floodway that cannot otherwise be developed often contain riparian habitat. What are the ramifications of not complying with TMDL regulations? So what? Failure of the City to comply with the TMDL program could result in penalties as much as $4,000 per day. When will the snapshot of the riparian condition be made to refer to in future? Who would do this? Absent any other information, we will print the latest aerial photo from the Jackson County Assessor s Office, which includes the most recent Google aerial mapping. Many of the photos are from Verification of more recent work will require documentation from the property owner. How long will permits be good for if granted by City, County, State or other agencies to allow work within the riparian area? The ordinance establishes a 180-day period for authorized work to be completed, but DLCD (Department of Land Conservation and Development) commented that the Goal 5 rule does not establish a timeframe. The Planning Commission will consider this issue when it makes its recommendation to the City Council. ODFW is out of control; their solutions create more problems. Opinion. I am concerned the City will make me take out my lawn. The ordinance specifically permits the maintenance and alteration of pre-existing ornamental landscaping, including lawns, so long as no additional riparian vegetation is disturbed. Does drain water need to be addressed? Does the City need control basins? Drain water is not part of the riparian regulations, but its control is one of the purposes of TMDL. An intact riparian area with native vegetation can act as a filter to intercept water draining over land before entering the rivers and streams. What is the City doing to make sure that Aunt Caroline s Park meets the Riparian Ordinance? Aunt Caroline s Park will be treated like any other property. Preexisting uses may remain, but no removal of additional riparian vegetation will be allowed. Want a total picture of the condition of the Rogue River for the full length from Boundary Springs to the ocean. This information may be obtained from the DEQ website, which lists multiple sections of the river as a 303(d) impaired quality stream. Where can we find pictures of native plants to this area? Probably the easiest way is to Google the name of a plant shown on the native plant species list that will be Attachment A in the Riparian Ordinance. Are we allowed to blow leaves and needles into the river/streams? No. The oxygen necessary to break down the leaves depletes the supply for aquatic animals. Can we blow leaves and needles to the banks? No. The area within the riparian corridor must be left in as natural a state as possible.

5 Commercial yard care services are sometimes the biggest offenders how will City enforce the ordinance with these businesses? As with all ordinance compliance, enforcement occurs on a complaint-driven basis. The City will investigate complaints and consult with affected agencies. The best way to avoid violations is to be aware of the ordinance requirements, which involves public education. How does livestock use of the riparian affect the riparian corridor There are no specific requirements the draft ordinance for managing livestock, which typically are not permitted in cities. There are concerns about water pollution when livestock are allowed too close to a stream. There are concerns regarding the rafters leaving their trash in the riparian areas and sinking drink cans and bottles in the river. This is a difficult issue to enforce. Again, public information is one of the more effective measures, but observed violations should be reported to authorities. Want clarification of Section V regarding property lines. The purpose of this section is to ensure that future property splits or adjustments include adequate area for development. The primary focus is on avoiding creating lots intended for residential use when the new design would force conversion of riparian habitat to other uses. How does runoff from roads and other paved or hardened areas affect the riparian area and the river? Natural areas filter water before it reaches the river. Hardscape provides no such function, allowing polluted waters to flow directly to streams. Low Impact Development techniques can provide a compromise that can provide a hardscape that provides water to infiltrate rather than run off to streams.

6 Comments made having nothing to do with the proposed Riparian Ordinance: o Will the community water system (Hiland) hookups have a significant effect on groundwater?