Working Near Water - Jackson County - Development
Building or Developing Near Water – Jackson County

Can I build or develop near a river or stream?
Short answer: It’s limited—and often requires approval.
- New development in riparian areas is restricted
- Buildings must be set back from rivers and streams
- Ground disturbance is limited
- Most activities require County review and approval
These rules apply to properties near rivers and streams in unincorporated Jackson County.
Common Questions
Usually no. New buildings within riparian areas are restricted unless specifically approved through County review.
Expansion closer to a river or stream is not allowed without approval. Any expansion must avoid additional impacts and may require review.
Possibly. Replacement of an existing structure in the same location may be allowed with County approval, as long as no additional riparian area is disturbed.
Not without approval. Ground disturbance is limited in riparian areas and requires County review.
Possibly, but only at approved locations and with designs that minimize impacts to streams and fish habitat.
Yes. Floodplain regulations may apply in addition to riparian rules, depending on your property.
What is a riparian area?

A riparian area is the protected land next to a river, creek, or other water body.
In Jackson County, riparian areas are measured from the top of the bank:
- Rogue River: 75 feet
- Streams: 50 feet
These areas include:
- Trees that shade the water
- Shrubs and understory plants
- Roots that hold soil in place
They are protected because they:
- Reduce erosion
- Filter runoff
Rules and Limitations
- New development is restricted
- Structures must be set back from rivers and streams
- Ground disturbance must be minimized
- Impacts to vegetation and streambanks must be avoided
These rules are designed to reduce flood risk, erosion, and damage to property and infrastructure.
- Lawfully existing structures may remain
- Includes homes, buildings, and driveways
However:
- Structures cannot be expanded closer to the stream without approval
- Replacement or modification may require review
- Vegetation protection rules still apply
Existing development does not create a right to new or expanded impacts.
- New buildings or structures in riparian areas
- Expanding structures closer to rivers or streams
- Grading, filling, or excavating soil
- Placing fill, gravel, or construction materials near water
- Adding paved or impervious surfaces
- Straightening, piping, or altering stream channels
These activities can increase erosion, flood damage, and habitat impacts.
These activities may be permitted thorugh an approval process.
- Replacement of existing structures
- Approved road or driveway crossings
- Utilities, drainage facilities, or irrigation pumps
- Water-dependent or water-related uses
All approved activities must:
- Minimize disturbance
- Restore impacted areas
- Meet County, state, and federal requirements
An approved project plan is required.
- Road and driveways should avoid riparian areas whenever possible
- Must be located at approved crossing points
- Must be designed to reduce impacts to streams and fish
- Disturbed areas must be stabilized and replanted
Some projects may also require floodplain review or additional permits.
May be allowed only in limited cases when:
- The property would otherwise be unbuildable, and
- Equal or better protection is provided through mitigation
Requires:
- County approval
- Detailed plans
- ODFW review
Simple wire fencing is generally considered low impact. However:
- Vegetation removal to install fencing may require County approval
- Ground disturbance may require review
- Fencing should not block flood flows or damage streambanks
Property owners are encouraged to contact the County before installing fencing in riparian areas.
Why do different agencies get involved in riparian reviews?
Riparian areas are protected by multiple layers of regulation.
Each agency has a different role:
-
Jackson County
- Reviews land use applications and makes decisions on development, setbacks, and allowable activities.
-
Oregon Department of Fish and Wildlife (ODFW)
- Reviews and approves habitat protection and riparian vegetation or restoration plans to protect fish and wildlife.
-
Jackson Soil & Water Conservation District (JSWCD)
- Provides technical assistance only, such as:
- Explaining riparian concepts
- Helping with vegetation management strategies
- Assisting with restoration or planting plans
- Provides technical assistance only, such as:
JSWCD does not issue permits or make regulatory determinations.
View the Full Ordinance
This page is a simplified guide to help explain common rules and requirements near rivers and streams. For complete legal language and official regulations, view the full ordinance below.



