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(1) Except as provided in Subsections (5) and (6), the component areas of the /WR conservation area for Goal 5 Water Resource Sites are described and defined as follows:

(a) For riparian corridor and upland wildlife habitat sites E35, E37, E38, E81, E86, and E88, the /WR conservation area consists of the area between the top of high bank on both sides of the stream and the area within the applicable conservation setback.

(b) For riparian corridor sites not listed in subsection (a), the /WR conservation area consists of the area within the Goal 5 Water Resource Site and the area within the applicable conservation setback.

(c) The conservation setback for a particular riparian corridor or upland wildlife habitat site is determined based on whether it is a Category A, B, C, D or E stream in the Goal 5 Water Resources Conservation Plan. Conservation setbacks are measured horizontally from the top of the high bank as set out in 1., below, or, only when the top of high bank is not identifiable, from the line of ordinary high water, as set out in 2., below.

1. For conservation setback distances measured from the top of the high bank, the top of high bank is the highest point at which the bank meets the grade of the surrounding topography, characterized by an abrupt or noticeable change from a steeper grade to a less steep grade, and, where natural conditions prevail, by a noticeable change from topography or vegetation primarily shaped by the presence and/or movement of the water to topography not primarily shaped by the presence of water. Where there is more than one such break in the grade, the uppermost shall be considered the top of the high bank.

Resource

Conservation Setback

Category A Streams

100 feet

Category B Streams

60 feet

Category C Streams

40 feet

Category D Streams

20 feet

Category E Streams

no conservation setback

2. For conservation setback distances measured horizontally from the line of ordinary high water, top of high bank shall be considered not identifiable when both of the following are lacking: an abrupt or noticeable change from a steeper grade to a less steep grade, and a noticeable change from topography or vegetation primarily shaped by the presence and/or movement of the water to topography not primarily shaped by the presence of water. In a given stream, pond, or other water body, the line of ordinary high water is the line on the bank or shore to which seasonal high water rises annually identified in the field by physical characteristics that include one or more of the following:

a. A clear, natural line impressed on the bank by the presence of water, flowing water or waves.

b. Changes in the characteristics of soils.

c. The presence of water-borne litter and debris.

d. The uppermost limit of destruction of terrestrial vegetation by the presence of water, flowing water or waves.

If reliable water level data are available for 3 or more consecutive previous years, the line of ordinary high water can be considered the mean of the highest water level for all years for which data is available. Conservation setback distances measured from the line of ordinary high water are as follows:

Resource

Conservation Setback

Category A Streams

120 feet

Category B Streams

75 feet

Category C Streams

50 feet

Category D Streams

25 feet

Category E Streams

no conservation setback

(2) Except as provided in Subsections (5) and (6), the 2 components areas of the /WR conservation area for water features identified as wetlands to be protected in the Goal 5 Water Resources Conservation Plan are described and defined as follows:

(a) The Goal 5 Water Resource Site.

(b) The area within the applicable conservation setback. The conservation setback for a particular site is determined based on whether it is a Category A, B or C wetland in the Goal 5 Water Resources Conservation Plan. Conservation setback distances for wetlands are measured horizontally from wetland boundaries established under the “Goal 5 Locally Significant Wetland Sites Within the Eugene Urban Growth Boundary” map or if provided by the property owner, from the jurisdictional wetland boundary accepted by the Oregon Department of State Lands. Conservation setback distances are as follows:

Resource

Conservation Setback

Category A Wetland

50 feet

Category B Wetland

25 feet

Category C Wetland

no conservation setback

(3) To determine the /WR conservation area for sites in which wetlands exist along with either an upland wildlife habitat site or a riparian site, the /WR conservation area for each of the individual water features shall be calculated and mapped separately, and the total footprint of all the individual /WR conservation areas combined shall be the /WR conservation area for that site.

(4) The /WR conservation area for properties having the S-RN Royal Node Special Area Zone and the /WR Water Resources Conservation Overlay Zone shall be limited to that area designated “drainage corridor” on Map 9.3805 S-RN Royal Node Special Area Zone and Subareas of this Land Use Code.

(5) Areas which the applicant has shown to have been developed prior to November 14, 2005, are excluded from /WR conservation areas. For purposes of this subsection, “developed” means within the footprint of a legally constructed:

(a) Building, or other substantial structure constructed on a concrete foundation;

(b) Permanent dwelling (including manufactured dwelling) constructed without a concrete foundation;

(c) Permanent deck or patio that is attached to a structure listed in subsection (a) or (b) above; or

(d) Paved or gravel parking area, road, or driveway that serves uses in an adjacent building or structure listed in subsection (a) or (b) above.

Fences and landscaping do not cause an area to be “developed” to warrant exclusion from the /WR conservation area.

(6) Where an existing development under subsection (5) above or an existing developed street physically isolates a portion of the conservation setback area from the resource site, that isolated portion of the conservation area shall be excluded from the conservation area.

(Section 9.4920 added by Ordinance No. 20351, enacted November 14, 2005, effective January 1, 2006.)