The purpose of the deer overlay is to protect lands designated as critical deer winter range habitat from residential encroachment. During winter months deer living on high elevation ranges move to sensitive habitat areas below 2,500 feet for cover, water and forage. It has been determined that the capacity of these lower ranges to support adequate levels of wintering deer decreases significantly when the density of residential dwellings exceeds one dwelling per 40 acres of winter range. The objective of the deer overlay is to identify lands located below 2,500 feet that are not impacted by existing residential or other development. Areas of critical deer winter range shall be rendered into a digitized data set that can be maintained and displayed using a geographic information system. The areas thus identified and displayed shall be subject to the density limitations specified in JCC § 19.69B.020 and the map amendment criteria contained in JCC § 19.69B.030.
(2005 RLDC § 69.210; Ord. 2006-003 § 1(2))
In areas mapped as critical deer winter range, approvals for new dwellings shall include findings that show the proposed dwelling or dwellings will not cause the density of dwellings to exceed 32 dwellings per two square miles. The dwelling count shall not include dwellings that are located above 2,500 feet elevation or in areas designated as impacted. The density calculation shall be achieved using one of the following methods:
A. 
Fixed Study Area Test. A circle having an area of two square miles (diameter of 4,212.83 feet) shall be reasonably centered on the subject property. Existing authorized dwellings located on deer winter range lands within the circle shall be counted. The number of counted dwellings, in addition to the proposed dwelling or dwellings, shall not exceed a density of one dwelling per 40 acres when considering the amount of deer winter range land only.
B. 
Expanded Study Area Test. A circle of any diameter shall be reasonably centered on the subject property until the circle encompasses two square miles of deer winter range lands. Existing authorized dwellings located on deer winter range lands within the circle shall be counted. The number of counted dwellings, to include the proposed dwelling or dwellings, shall not exceed 32.
(2005 RLDC § 69.220; Ord. 2006-003 § 1(2))
A. 
The deer winter range map may be amended as it applies to specific lots or parcels when the application demonstrates the land is not critical black-tailed deer winter range habitat because:
1. 
The land has not been used as winter habitat by significant black-tailed deer populations; and
2. 
The land does not exhibit favorable black-tailed deer winter habitat characteristics, such as wedge leafed ceanothus, available overstory and water; or
3. 
Even though the land exhibits favorable winter habitat described in subsection (A)(2) of this section, the land is isolated from migratory black-tailed deer herds due to legal and permanent development on the land and/or on surrounding lands (that is, "impacted" by development); and
4. 
All of the foregoing circumstances are addressed by credible scientific and technical data, reports or other evidence from an expert in the field of big game habitat and management principles that demonstrates the land does not provide critical deer winter range habitat based upon consideration of factors in subsections (A)(1), (2) and (3) of this section.
B. 
Josephine County shall consult with local officials from the Oregon Department of Fish and Wildlife regarding all proposals to amend the deer winter range map. The County shall provide local officials with a copy of all scientific and technical data, reports and other evidence specified in subsection (A)(4) of this section. The Department may submit its own scientific and technical data, reports and other evidence and may object. The County must consider this evidence and information in taking action on the map amendment application.
(2005 RLDC § 69.230; Ord. 2006-003 § 1(2))