DRAFT WILLAMETTE RIVER GREENWAY DESIGN PLAN <br />2.OTOP OF BANK DETERMINATION <br />2.1 OVERVIEW <br />This section discusses the process proposed to establish Willamette River Greenway setback and top of <br />bank lines as components of the clear and objective regulations that implement this design plan. <br />2.2 DEFINITIONS <br />Goal 15 requires establishment of a Greenway Setback to keep structures separated from the river: <br />k. Greenway setback - A setback line will be established to keep structures separated from the river in <br />order to protect, maintain, preserve, and enhance the natural, scenic, historic and recreational qualities of <br />the Willamette River Greenway, as identified in the Greenway Inventories. The setback line shall not apply to <br />water-related or water-dependent uses. <br />Eugene Code (EC) 9.8815(5)(a) contains a similar standard: <br />OAR 660-015-0005, Section C.3, subsection k. <br />(a) Establishment of adequate setback lines to keep structures separated from the Willamette River to <br />protect maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the <br />Willamette Greenway. Setback lines need not apply to water related or water dependent activities as defined <br />in the Oregon Statewide Planning Goals and Guidelines (OAR 660-15-000 et seq.). <br />Both the Goal 15 and Eugene Code standards require the establishment of setback line(s) to keep <br />structures separated from the Willamette River and to minimize impacts to the intrinsic qualities of the <br />Willamette Greenway. Neither standard provides guidance regarding exactly how the setback must be <br />measured. To date, the Greenway standards in the Eugene Code have required that each development <br />proposal establish its own setback to keep structures separated from the river. Proposed setbacks are <br />reviewed on a case-by-case basis and in order to be approved, the Greenway application must show that <br />the proposed setback for that particular development is adequate to "keep structures separated from the <br />Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational <br />qualities of the Willamette Greenway." EC 9.8815(5)(a). <br />As part of the clear and objective Greenway track, this Design Plan proposes adoption of a single 100- <br />foot setback, measured from top of bank and applicable throughout the Greenway, except where adopted <br />special area plans or special area zones require a different setback. Top of bank was selected as the defined <br />edge for measurement of the setback because the term is defined in the Eugene Code at EC 9.4920 and <br />is consistent with the Water Resources Conservation Plan and associated Goal 5 protection measures. In <br />addition, as discussed further in this section, top of bank is more readily identifiable in the field due to it <br />not being dependent on fluctuating water levels within the channel or through flood events. <br /> - Page 57 of 91 <br />WILLAMETTE RIVER GREENWAY CODE AMENDMENTS 22 <br />