Item 3: PH on Ordinance Prescribed Wetland Management Burning

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G.Some wetland sites owned by the City, Bureau of Land Management, and The Nature Conservancy that are currently outside Eugene City limits also need controlled open burning for the purpose of managing wet prairie habitat and protecting rare plant species. Some of these areas may be annexed to the City within the period from 2006 to 2010 for the purpose of providing better management of the natural resources on these sites. H.A limited and special exception to the open burning ban in Eugene Code, 1971, Section 6.200 is necessary for the purposes outlined above. This limited exception is based upon the high costs and limited practicability of alternative vegetation management and control methods, the limited nature of the expected burns, air pollution control strategies that will be employed to prevent significant degradation of air quality, the special recognition given to this area and habitat in the comprehensive planning documents, the City's direct responsibility under those plans for preservation of the natural resources in this area, and the general public benefit derived from the preservation of this habitat. This limited exception is unique and should not serve as precedent for future exceptions for other purposes or signal any relaxation of the City's commitment to preservation of air quality. I.Exceptions to the open burning ban for the management of wetlands in the West Eugene Wetlands Plan area have been previously granted by the City Council by Eugene Ordinance No. 19403 enacted August 13, 1986, Eugene Ordinance No. 19493 enacted July 27, 1987, Eugene Ordinance 19634 enacted September 11, 1989, Eugene Ordinance 19715 enacted September 12, 1990, Eugene Ordinance 19983 enacted September 12, 1994, Eugene Ordinance 20014 enacted May 22, 1995, and Eugene Ordinance 20231 enacted June 25, 2001. An exception is again necessary to ensure the continued proper and effective management of this valuable natural resource area. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The findings set forth above are adopted. Section 2. The City shall continue to use its outdoor burning ordinance as one method for maintaining and improving air quality of the metropolitan area. Section 3. An exception to the application of Eugene Code, 1971, Section 6.200 is given to the Bureau of Land Management, Eugene Public Works Department, and the Nature Conservancy to conduct periodic "wetland management" controlled open burning of vegetation for scientific purposes and to foster growth of wetlands plant species in the areas noted on the map attached as Exhibit A hereto and incorporated herein by reference, providing the following conditions are met: a.Prior to commencement of any burn, the Bureau of Land Management, Eugene Public Works Department, or The Nature Conservancy shall give notice to the Eugene Fire Marshal and the Lane Regional Air Pollution Authority and shall obtain the approval of those agencies to conduct the burn in the time, place, and manner proposed. Ordinance - 2