9.2520 Natural Resource Zone Land Use and Permit Requirements.
The provisions of the NR zone do not exempt a person or property from state or federal laws and regulations that protect water quality, wetlands, or other natural areas. In cases where the NR zone overlaps with the /WB wetland buffer overlay zone or the /WP waterside protection overlay zone, only the provisions of the NR zone are applied.
(1) Uses Permitted. The following uses are permitted in the NR zone:
(a) Removal of refuse or any fill that is in violation of local, state or federal regulations. Removal of fill must be consistent with State of Oregon Removal-Fill regulations.
(b) Removal of non-native or invasive plant species included on a list approved by the planning director and kept on file at the city.
(c) Planting or replanting with native plants included on a list approved by the planning director and kept on file at the city.
(d) Site management and maintenance practices that maintain or improve natural functions and values or protect public health and safety, consistent with adopted plans and polices. When deemed necessary by the planning director in order to protect human health or safety or to prevent a nuisance, this includes, but is not limited to, removal of vegetation by non-chemical means within a strip not to exceed 15 feet in width where a property zoned NR abuts private property in any other zone.
(e) Wetland and natural area restoration and enhancement of natural functions and values, that involve displacement, excavation or relocation of 50 cubic yards or less of earth, and which carry out the purpose of this zone, and are consistent with adopted plans and policies.
(f) Channel maintenance to maintain stormwater conveyance and flood control capacity as required by local policies, state and federal regulations, or intergovernmental agreements.
(g) Maintenance activities designated as utility corridors identified in the West Eugene Wetlands Plan or other adopted plan.
(2) Uses Subject to a Conditional Use Permit. The following uses are permitted conditionally in the NR zone:
(a) Nature interpretive centers and wetland research facilities, when such centers or facilities are specified in or consistent with adopted plans or policies.
(b) Maintenance facilities for storage of equipment and materials used exclusively for maintenance of wetlands and other natural resource areas.
Conditional use permit approval shall be based upon conformance with EC 9.2530 Natural Resource Zone Development Standards (2) through (19), in addition to EC 9.8090 Conditional Use Permit Approval Criteria – General/Discretionary.
(3) Uses Subject to Standards Review Approval. The following uses are permitted within the NR zone subject to the standards review process beginning with EC 9.8460 Purpose of Standards Review:
(a) Construction of trails, boardwalks, viewing platforms, interpretive information kiosks and trail signs. Subject to EC 9.2530 Natural Resource Zone Development Standards (9) through (13) and (15) through (16).
(b) Restoration and enhancement of natural functions and values that involve displacement, excavation or relocation of more than 50 cubic yards of earth and carry out the objectives of this zone, including, but not limited to, realignment and reconfiguration of channels and pond banks. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9).
(c) Construction of stormwater quality treatment facilities that use biofiltration methods, such as shallow grassy swales, constructed wetlands, and sedimentation ponds, and do not include adding impervious surfaces. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9). As used in this subsection:
1. Grassy swales are shallow ditches lined with grass for the purpose of filtering sediments and other pollutants from stormwater runoff.
2. Constructed wetlands are wetlands that are created where no wetland characteristics existed previously.
3. In areas not included on the city’s acknowledged Goal 5 inventory, structures for the control of water are not considered impervious surfaces for the purposes of this section.
(d) Construction of access roads for maintenance of channels, wetlands and other natural resource areas. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (6), (8), (9), and (14).
(e) Bikeways and other paved pathways. Subject to EC 9.2530 Natural Resource Zone Development Standards (2), (5), (6), (8), (9), and (14) through (17).
(4) Uses and Practices Prohibited. Uses and practices that are not specifically allowed under EC 9.2520 Natural Resource Zone Land Use and Permit Requirements subsections (1), (2), or (3) and that would adversely affect water quality or damage wildlife habitat, are prohibited within the NR zone, including, but not limited to, the following:
(a) Storage of chemical herbicides, pesticides or fertilizers or other hazardous or toxic materials.
(b) Depositing or dumping any material imported from off-site, except for soils or soil amendments used for replanting in accordance with provisions of the NR zone.
(c) Construction of new septic drainfields.
(d) Channelizing or straightening natural drainageways.
(e) Off-road operation of vehicles, except for those employed in site restoration or site maintenance practices during the dry season and bicycles when used on designated trails.
(f) Removal or destruction of rare, threatened or endangered plant species unless a recovery plan is submitted by the applicant and approved by the planning director, following review by the Oregon Department of Agriculture and the U.S. Fish and Wildlife Service.
(g) Filling, grading, excavating, deposition of soils imported from off-site, and application of chemical herbicides, pesticides and fertilizers are prohibited unless they:
1. Are directly related to a use permitted in this zone,
2. Address an imminent threat to public health and safety, or
3. Result in enhancement of water quality, and enhancement or maintenance of stormwater conveyance capacity, flood control capacity, groundwater discharge and recharge capacity and wildlife habitat.