Item 2: Ordinance on West Eugene Wetlands Burn Ban Exemption

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: A Special Ordinance Granting an Exemption to the Application of Section 6.200 of the Eugene Code, 1971Ordinance to Renew Five-Year Exception to Application ( for Controlled Ecological Burning) Meeting Date: May 16, 2011 Agenda Item Number: 2 Department: Public Works Staff Contact: Trevor Taylor www.eugene-or.gov Contact Telephone Number: 541-682-4888 ISSUE STATEMENT The purpose of this public hearing is to provide an opportunity for public input regarding 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. The council is scheduled to take action on the proposed ordinance on June 13, 2011. BACKGROUND Council Action History In 1986 and 1987, the City Council approved exceptions to the application of Eugene Code 6.200 to permit The Nature Conservancy to conduct controlled ecological 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. Again, in June 2006, the council approved another five-year exception by Ordinance No. 20370. The purpose of these controlled 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, 1997, 1998, 1999, 2001, 2005, 2007, 2008, and 2009, within the area covered by the exceptions. In addition, controlled burns were conducted on BLM lands in 1996, 1998, 2000, 2005, and 2009, and on City of Eugene land in 2002, 2007, and 2008, within the area covered by the exceptions. Policy Issues The two primary policy areas are (1) maintaining and improving air quality in the Metro Area, and (2) protecting, maintaining and managing wetlands designated for restoration and protection in the West Eugene Wetlands Plan and the associated rare plant and animal species. A key policy issue is the proposed expansion of areas allowed to be burned, and any potential air quality impacts or community perceptions of potential problems from these prescribed burns, contrasted with past City efforts to curtail commercial grass seed field burning in the southern Willamette Valley. The City lobbied to exempt \\Cesrv500\cc support\CMO\2011 Council Agendas\M110516\S1105162.doc