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Wetlands debate mired in changing rules Mail Tribune / Bob Pennell A portion of a field south of the Rogue Valley Manor and east of Interstate 5 � identified by the city as a "potentially significant" wetland � may fall under yet-to-be finalized city guidelines meant to protect such environments. The Manor has plans to expand the Quail Point Golf Course in this area. Medford likely won�t decide until next year By Jessica Smith Debate over how far Medford should go to protect wetlands has continued to bog down an ordinance nearly two years in the making. City planners have learned that a provision in the draft ordinance requiring buffers around wetlands may not be necessary to meet state guidelines. "It�s been really weird," said Mark Gallagher, senior planner. "We hear every two to three months that the interpretation of the rules has changed. It�s been really hard to nail down." Wetlands by the numbers The city of Medford identified 92 possible wetlands when it began studying the marsh-like areas in recent years. The city has finished studying more than half the identified properties and has found 28 "locally significant wetlands" and five wetlands considered "not significant." Locally significant wetlands are the target of state land conservation rules that are meant to protect the unique environments. The city has disqualified 29 properties as wetlands after investigation. There are about 30 properties remaining to be examined, although it�s unclear when those studies will take place. The city�s draft ordinance, which relied on the state�s so-called "safe harbor" guidelines, included a 50-foot setback along wetlands. The same guideline was included in a riparian corridor ordinance adopted earlier this year. Both ordinances are meant to bring Medford in line with Oregon�s land-use laws and state and federal environmental regulations. As originally drafted, the wetland ordinance would enforce a 50-foot setback, or buffer zone, and put tough restrictions on grading, excavation, placement of fill and removal of vegetation. Mowing and cutting for fire hazard prevention would be allowed, however. But state land conservation officials informed Medford late this summer that buffers are not allowed under the safe harbor guidelines, according to Dana Field, wetland manager for the Oregon Division of State Lands. The city�s wetland ordinance drew fire earlier this year from several local companies who argued against what they called a one-size-fits-all rule. Aside from the buffer issue, companies such as the Rogue Valley Manor and Sterling Business Forms complained that the safe harbor provisions infringed on their property rights. Safe harbor rules require cities to leave "locally significant" wetlands as they are. The Medford City Council postponed a vote on the ordinance three times this year in response to objections from the business community. It now looks like the council won�t review the ordinance until sometime next year, Gallagher said. Before the ordinance can be finalized, however, the city must decide whether it wants to pursue buffers on wetlands. "If you really want to protect these things, then a buffer makes sense," Gallagher said. If the city wants to pursue buffers, it can reject the safe harbor guidelines in favor of a second option for protecting wetlands: environmental studies. Just what is a wetland? Wetlands are areas where the frequent and prolonged presence of water drives a unique ecosystem that is home to a wide variety of plants and animals. Wetlands act as natural filters for runoff and provide some control on flooding and erosion. In Medford, wetlands are generally considered "palustrine emergent," a classic marsh-type wetland decorated mostly with perennials such as cattails. The water level in this kind of wetland typically fluctuates with differences in rainfall, snowmelt and dry seasons and drought. Under this option, before the city could require a buffer, it would have to do a study that weighs wetland protection against impacts to the economy, among other things. With such a study, the city would be authorized to allow businesses to fill in wetlands and pay fines or replace them elsewhere. But such studies could cost Medford upwards of $10,000, Gallagher said. But the cost may be the price the city pays to ensure wetlands protection doesn�t override other aspects of the community, like business, said Joy Olson. Olson�s company, Olson Holdings LLC, owns property near the Medford airport that contains a wetland considered locally significant. She said she supports reviewing wetland protection on a case-by-case basis rather than applying "blanket" protection under the safe harbor provisions. "Even though it takes more time (to study each wetland), I just can�t see how it isn�t the only way to save the environment and encourage economic growth." Reach reporter Jessica Smith at 776-4481, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2000 Mail Tribune, Inc.