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The /WB overlay zone applies to all property where /WB is indicated on the Eugene overlay zone map. The /WB standards apply to all development as follows.

(1) Specifically, this encompasses lots or parcels any part of which contains or is within a /WB area as described in this section. In some instances buffers will be required for new development even though existing adjacent developments have no buffer.

(2) The provisions of the /WB overlay zone do not exempt a person or property from state or federal laws and regulations that protect water quality, wetlands, or other natural areas.

(3) In some cases, the /WB overlay zone may overlap with the NR natural resources zone or the /WP overlay zone. In those cases, only one review process is required as follows:

(a) Where the /WB overlay zone and the NR zone overlap, only the provisions of the NR zone are applied.

(b) Where the /WB overlay zone and the /WP overlay zone are applied to the same tax lot, only one site review process is required. This review will address the provisions of both overlay zones. The /WB provisions will be applied to wetlands identified for protection in local plans and policies. The /WP provisions will be applied to any other water feature on the lot that is mapped and designated for protection in an adopted plan, policy or inventory.

(4) Development within the /WB area shall be exempt from the setback provisions of EC 9.4820 if all of the following exist:

(a) The specific development is to be constructed upon fill that is authorized under an approved wetland fill permit from both the Oregon Division of State Lands and the U.S. Army Corps of Engineers,

(b) The fill is consistent with the goals and policies of the West Eugene Wetlands Plan including the designations on Map 3 of the Plan, and

(c) The applicant provides documentation from the permitting agency that shows any mitigation requirements specified in the permits have been substantially satisfied.

(Section 9.4810, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)