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Photo by Jim Craven Johnny Hubbard says the proposed riparian corridor along Larson Creek in southeast Medford extends into the landscaped area of his back yard. The ordinance would have no effect on existing structures such as Hubbard's gazebo, but would bar future building. Homeowners object to city plan Riparian corridor would affect their property rights By KELLY STEWART When the weeds grow too long between Johnny Hubbard's back fence and nearby Larson Creek, he yanks them out because they're a fire hazard. Meeting on the issue WHO : Medford Planning Commission WHAT : Public hearing to consider major amendments to the Medford comprehensive plan and land development code, including new regulations affecting riparian corridors and wetlands WHEN : 7 tonight WHERE : Medford City Hall Council Chambers, 411 W. Eighth St. In a few months, Hubbard may not have that privilege. The city has proposed an ordinance creating a protected habitat surrounding fish-bearing stream banks. The riparian corridor ordinance is a state requirement responding to the Endangered Species Act listing salmon and steelhead as endangered species in Southern Oregon. Larson Creek, Bear Creek and Lone Pine Creek downstream from Table Rock Road would be affected by the ordinance. They were determined to be fish-bearing creeks in an April study by the Oregon Department of Fish and Wildlife. A 50-foot riparian corridor would extend from each creek bank. No disturbance or removal of native vegetation would be permitted. The ordinance would apply only to new residences along the streams, said Suzanne Myers, assistant city planner. Buildings and improvements existing before the ordinance's adoption would not be affected. The City Council is expected to vote on the ordinance in November. Residents near Larson Creek oppose the ordinance because the riparian corridor abridges on their back yards and could affect their property in the future. Mitchell Seidman, who lives on Creek View Drive off Larson Creek, said the ordinance could influence buyers if he or his neighbors decide to sell their homes. "Our concern is that this will impact the value of our homes," Seidman said. "We had to pay extra because our homes backed up on the creek. Now the city is proposing to limit what we can do with our land." Hubbard, another Creek View resident, said he paid $15,000 more for a lot bordering Larson Creek. He's worried that his house will be hard to sell if the ordinance passes. "I wouldn't want to buy a house where you can't control your back yard," he said. Residents of existing homes would not be allowed to fertilize their lawns or cut down large trees that shade the creek, Myers said. But improvements such as fences, decks or lawns built before the ordinance passes will not be subject to the ordinance. "Whatever's existing is `grandfathered' in," Myers said. "We wouldn't be asking them to tear out their lawn." The riparian ordinance is part of Medford's comprehensive plan and land development code, which seeks to improve the city's air and water quality, Myers said. Riparian areas usually contain trees and vegetation that reduce water temperature through shading, provide wildlife habitat, prevent erosion and filter runoff. If the ordinance passes, decks and fences could not be built within the 50-foot setback. Residents could not remove native vegetation, expand lawns, dispose of debris or apply pesticides or fertilizers within the setback. Myers said setbacks are required in any property development. For example, homes are set back 20 feet from the property line. The proposed ordinance would require the riparian corridor to be protected and maintained by a conservation easement, a homeowners association, public ownership, or some other means. Jackson County Assessor Dan Ross said creekside residents' property values should not decrease because of a conservation easement. Utility easements for power poles and underground power lines are common. Hubbard said the city should have explored the riparian corridor project before houses were built around Larson Creek. "They didn't research this thing," Hubbard said. "They should have seen what the impact would be on the people here." Hubbard went door to door on Creek View to inform residents about the public hearing. "I tried to convince them, if they can't go to the meeting, at least write a letter," he said. The Creek View neighbors want to keep the stream area clean, Hubbard said, but the riparian corridor ordinance goes too far. "It's not like we're going to take a bunch of tires and throw them in the creek. That's ridiculous," he said. Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA