Item 8: Ordinance Concerning 5-Year Exception to Eugene Code for Wetland Management Burning

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EUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: A Special Ordinance Granting an Exemption to the Application of Eugene Code, 1971, Section 6.200 (Ordinance to Renew Five- Year Exception to Application of Eugene Code 6.000 (Open Burning) for Prescribed Wetland Management Burning) Meeting Date: June 26, 2006 Department: Public Works www.eugene-or.gov Agenda Item Number: 8 Staff Contact: Sarah Medary Contact Telephone Number: 682-4842 ISSUE STATEMENT This is an opportunity for the council to take action on a proposed ordinance that would provide an exception to the application of Eugene Code 6.200 (open burning) for prescribed burning by the U. S. Bureau of Land Management (BLM), The Nature Conservancy (TNC), and City of Eugene for wetland vegetation protection, management, and restoration for a period of five years. BACKGROUND In 1986 and 1987, the City Council approved exceptions to Eugene Code 6.200 to permit The Nature Conservancy to conduct prescribed burns in the Willow Creek Natural Area. Due to the recurring nature of these requests, in September 1990, the City Council approved a five-year exception for the Willow Creek Natural Area by Ordinance No. 19715. In May 1995, the council approved a second five-year exception for several sites within the West Eugene Wetlands Plan area by Ordinance No. 20014. In June 2001, the council approved a third five-year exception for several sites within the West Eugene Wetlands Plan area by Ordinance No. 20231. The purpose of these prescribed burns is to maintain native prairie vegetation and to control invasive vegetation in the native prairie sites. To date, The Nature Conservancy has conducted burns in 1986, 1987, 1991, 1994, 1996, 1998, 1999,2001, and 2005 within the area covered by these exceptions. In addition, prescribed burns were conducted on BLM lands in 1996, 1998, 2000, and 2005 and on City of Eugene land in 2002 within the area covered by the exception. The City Council held a public hearing on this new, proposed ordinance on June 12, 2006. No oral or written testimony was received. For addition background information, see the attached memorandum dated May 22, 2006. Timing The appropriate season for conducting prescribed burns for wetland vegetation management is late summer and early fall. Since the previously approved exception to the open burning ordinance expired on December 31, 2005, no wetland management burning can be conducted within City limits until this exception is approved. Therefore, staff recommends immediate action on the ordinance, so that it will become effective prior to the upcoming burning season. LICMOl2006 Council Agendas1M0606261S0606268.doc