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Working Near Water - Jackson County - Development

Building or Developing Near Water – Jackson County

The image shows a park affected by flooding, with water covering picnic tables and surrounding trees, alongside a grassy area.
Setbacks help reduce flood damage near rivers and streams.

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

Can I build a new structure near a river or stream? 

Usually no. New buildings within riparian areas are restricted unless specifically approved through County review.

Can I expand my house or another structure? 

Expansion closer to a river or stream is not allowed without approval. Any expansion must avoid additional impacts and may require review.

Can I rebuild a structure near the water? 

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.

Can I grade, excavate, or move soil? 

Not without approval. Ground disturbance is limited in riparian areas and requires County review.

Can I install a driveway, road, or stream crossing? 

Possibly, but only at approved locations and with designs that minimize impacts to streams and fish habitat.

Do floodplain rules still apply? 

Yes. Floodplain regulations may apply in addition to riparian rules, depending on your property.

 

What is a riparian area?

Illustration depicting a healthy riparian area, stream with grass and trees.

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

Is development restricted near water? 
  • 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.

Will I need to remove or move existing buildings or driveways? 
  • 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.

What activities are generally not allowed? 
  • 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. 

What activities might be allowed if I get approval? 
  • 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
What if I want to build a road or driveway across a stream? 

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.

Can I get a setback reduction? 

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
What if I need to install fencing to manage livestock? 

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 

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.

 Jackson County Ordinances Link