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

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ATTACHMENT A ORDINANCE NO. A SPECIAL ORDINANCE GRANTING AN EXEMPTION TO THE APPLICATION OF EUGENE CODE, 1971, SECTION 6.200. The City Council of the City of Eugene finds as follows: A. Section 6.200 of the Eugene Code, 1971, proscribes the practice of open burning within the City of Eugene with specified exceptions to this ban. This ordinance is a component oflocal measures designed to assure compliance with federal ambient air quality standards. B. Maintenance and enhancement of air quality is critical to the health and welfare of metropolitan area residents, the area's ability to attract new businesses, and the avoidance of sanctions for noncompliance. C. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) adopted and acknowledged in 1982, identifies the West Eugene Industrial Area as a major growth area for the City. D. The West Eugene Wetlands Plan was adopted by the City Council on May 20, 1992 by Ordinance No. 19853 as a refinement to the Metro Plan. The West Eugene Wetlands Plan (Plan) was amended by the City Council by Ordinance Nos. 20002, 20119, 20126, 20147, 20171, 20200, 20201, and 20208 during the years 1995 to 2000. The West Eugene Wetlands Plan (Plan) sets forth policies for preserving significant wetlands in West Eugene, allowing development oflower quality wetlands, and establishing a system for mitigation of filled wetlands. The Plan also includes goals and policies for protecting and expanding populations and habitats of rare, threatened or endangered plants, including Bradshaw's lomatium (Lomatium bradshawii), Willamette Valley daisy (Erigeron decumbens var. decumbens), and white-top aster (Aster curtus), and policies for protecting and managing the native Willamette Valley wet prairie plant community. The Plan also contains policies for managing the preserved wetlands in public ownership. E. Experimental burns conducted in 1986, 1987, and 1991 in the Willow Creek natural area within wetland habitat containing the above-mentioned plant species have resulted in expansion of populations of those plants in the areas burned. Controlled burns in 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2004, and 2005 on several sites have also been beneficial for managing wetland habitat and maintaining and improving wet prairie habitat. F. Management of these wetlands and preservation of native plant species and native plant communities requires controlled open burning of vegetation for scientific purposes and to foster growth of wetlands species in the areas noted on the map attached as Exhibit A hereto and incorporated herein by reference. This burning of vegetation in these areas will help restore them Ordinance - 1