/WB areas shall consist of the area between the jurisdictional wetland boundary accepted by the Oregon Division of State Lands and the U.S. Army Corps of Engineers and the /WB setback line specified in this section. Standard /WB setback distances are determined by the value category of the adjacent wetland, and whether the buffer setback area is enhanced. Wetland value categories are defined according to the criteria contained in the West Eugene Wetlands Plan. Areas developed prior to May 24, 1995 are excluded from /WB areas. For purposes of this section, development means buildings or other substantial structures, including paved or gravel parking areas. For purposes of this section, fences and landscaping do not constitute “development” to warrant exclusion from the /WB overlay zone. Graded and graveled areas are exempt under these provisions only when they were constructed prior to May 24, 1995, and only if they were constructed as an essential component of the development of the site. /WB areas are based on the following:
(1) Wetland Value Categories. Three wetland value categories shall be used for applying setbacks, buffer requirements and other protection measures applied to wetlands designated for protection in the West Eugene Wetlands Plan. The 3 categories are: high value wetlands, moderate value wetlands and low value wetlands. A list of protected wetland sites indicating the wetland value category of each is included in the West Eugene Wetlands Plan.
(2) Standard /WB Setback Distances. Standard /WB setback distances are measured horizontally from jurisdictional wetland boundaries accepted by the Oregon Division of State Lands and the U.S. Army Corps of Engineers. /WB setbacks are of two types: Type I, in which no enhancements are required within the setback area, and Type II, in which vegetative and stormwater quality enhancements are required. Property owners shall have the choice of whether the Type I or Type II buffer setback is applied to their property, unless a Type I buffer setback would preclude any economically viable use of a parcel. In those cases, a Type II buffer setback would be applied. Standard /WB setback distances are as follows:
(a) High value wetlands shall have a Type I setback of 100 feet with no site enhancements; or a Type II setback of 50 feet meeting vegetative, stormwater, and other enhancement standards as specified in EC 9.2530 Natural Resource Zone Development Standards (1) through (4).
(b) Moderate value wetlands shall have a Type I setback of 50 feet with no site enhancements; or a Type II setback of 25 feet meeting vegetative, stormwater, and other enhancement standards as specified in EC 9.2530 Natural Resource Zone Development Standards (1) through (4).
(c) Lower value wetlands and disturbed agricultural wetlands designated for enhancement or mitigation in the West Eugene Wetlands Plan shall not have a buffer setback outside the wetland boundary.
(3) Buffer Reduction for Low Intensity Uses. A 10 percent reduction from the standard buffer setback distances shall be allowed when the adjoining use is one of the following: low density residential, public parks and open space, or agriculture.
(Section 9.4820, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02.)