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ORDINANCE NO. 20565
<br />
<br />GRANTING AN EXEMPTION TO THE APPLICATION OF SECTION 6.200 OF
<br />THE EUGENE CODE, 1971.
<br />
<br />The City Council of the City of Eugene finds as follows:
<br />
<br />A.
<br />Section 6.200 of the Eugene Code, 1971, (EC), proscribes the practice of open
<br />burning within the City of Eugene with specified exceptions to this ban. This ordinance is a
<br />component of local measures designed to assure compliance with federal ambient air quality
<br />standards.
<br />
<br />B.
<br /> Maintenance and enhancement of air quality is critical to the health and welfare of
<br />metropolitan area residents, the area's ability to attract new businesses, and the avoidance of
<br />sanctions for noncompliance.
<br />
<br />C.
<br /> The West Eugene Wetlands Plan (the Plan) was adopted by the City Council on
<br />May 20, 1992, by Ordinance No. 19853 as a refinement to the Metro Plan. The Plan was
<br />amended by the City Council by Ordinance Nos. 19867, 20002, 20119, 20126, 20147, 20171,
<br />20200, 20201, 20208, and 20259 during the years 1992 to 2002. The Plan sets forth policies for
<br />preserving significant wetlands in West Eugene, allowing development of lower quality wetlands,
<br />and establishing a system for mitigation of filled wetlands. The Plan also includes goals and
<br />policies for protecting and expanding populations and habitats of rare, threatened or endangered
<br />plants, including Bradshaws lomatium (Lomatium bradshawii), Willamette Valley daisy (Erigeron
<br />decumbens var. decumbens), and white-top aster (Aster curtus), and policies for protecting and
<br />managing the native Willamette Valley wet prairie plant community. In addition, the Plan contains
<br />policies for managing the preserved wetlands in public ownership.
<br />
<br />D.
<br /> Experimental burns conducted in 1986, 1987, and 1991 in the Willow Creek natural
<br />area within wetland habitat containing the above-mentioned plant species have resulted in
<br />expansion of populations of those plants in the areas burned. Controlled burns in 1996, 1997,
<br />1998, 1999, 2000, 2001, 2002, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
<br />2014, and 2015 on several sites have also been beneficial for managing wetland habitat and
<br />maintaining and improving wet prairie habitat.
<br />
<br />E.
<br /> Management of these wetlands and preservation of native plant species and native
<br />plant communities requires controlled open burning of vegetation for scientific purposes and to
<br />foster growth of wetlands species in the areas noted on the map attached as Exhibit A hereto and
<br />incorporated herein by reference. This burning of vegetation in these areas will help restore them
<br />to their historical condition and replicate the indigenous environment for the plants.
<br />
<br />F.
<br /> Some wetland sites owned by the City, Bureau of Land Management, and The
<br />Nature Conservancy that are currently outside of the Eugene City limits and/or the urban growth
<br />boundary also need controlled open burning for the purpose of managing wet prairie habitat and
<br />protecting rare plant species. Some of these areas may be annexed to the City within the period
<br />from 2016 to 2020.
<br />
<br />G.
<br /> A limited and special exception to the open burning ban in EC 6.200 is necessary
<br />for the purposes outlined above. This limited exception is based upon the high costs and limited
<br />practicability of alternative vegetation management and control methods, the limited nature of the
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