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of Oregon's wetland laws. <br /> 9.4810 Applicability. The /WB overlay zone applies to all property where /WB is indicated <br /> on the Eugene overlay zone map. The /WB standards apply to all development as <br /> follows: <br /> (1) Specifically, this encompasses lots or parcels any part of which contains or is <br /> within a /WB area as described in this section. In some instances buffers will be <br /> required for new development even though existing adjacent developments have <br /> no buffer. <br /> (2) The provisions of the /WB overlay zone do not exempt a person or property <br /> from state or federal laws and regulations that protect water quality, wetlands, or <br /> other natural areas. <br /> (3) In some cases, the /WB overlay zone may overlap with the NR natural resources <br /> zone or the /WP overlay zone. In those cases, only one review process is <br /> required as follows: <br /> (a) Where the /WB overlay zone and the NR zone overlap, only the provisions <br /> of the NR zone are applied. <br /> (b) Where the /WB overlay zone and the /WP overlay zone are applied to the <br /> same tax lot, only one site review process is required. This review will <br /> address the provisions of both overlay zones. The /WB provisions will be <br /> applied to wetlands identified for protection in local plans and policies. <br /> The /WP provisions will be applied to any other water feature on the lot <br /> that is mapped and designated for protection in an adopted plan, policy or <br /> inventory. <br /> (4) Development within the /WB area shall be exempt from the setback provisions <br /> of EC 9.4820 if all of the following exist: <br /> (a) The specific development is to be constructed upon fill that is authorized <br /> under an approved wetland fill permit from both the Oregon Division of <br /> State Lands and the U.S. Anny Corps of Engineers, <br /> (b) The fill is consistent with the goals and policies of the West Eugene <br /> Wetlands Plan including the designations on Map 3 of the Plan, and <br /> (c) The applicant provides documentation from the permitting agency that <br /> shows any mitigation requirements specified in the permits have been <br /> substantially satisfied. <br /> 9.4815 /WB Wetland Buffer Siting Requirements. The /WB overlay zone may applied <br /> to property adjacent to wetlands identified for protection in the West Eugene <br /> Wetlands Plan that meet the approval criteria of EC 9.8865. <br /> 9.4820 Wetland Buffer Areas. /WB areas shall consist of the area between the <br /> jurisdictional wetland boundary accepted by the Oregon Division of State Lands and <br /> the U.S. Army Corps of Engineers and the /WB setback line specified in this section. <br /> Standard /WB setback distances are determined by the value category of the adjacent <br /> Ordinance - 171 <br />