Item 4: Ordinance on West Eugene Wetlands Burn Ban Exemption

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: 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 Burns) Meeting Date: June 13, 2011 Agenda Item Number: 4 Department: Public Works Staff Contact: Trevor Taylor www.eugene-or.gov Contact Telephone Number: 541-682-4888 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 ecological burning by the U.S. Bureau of Land Management (BLM), The Nature Conservancy (TNC), and the City of Eugene for wetland vegetation protection, management, and restoration for a period of five years. BACKGROUND Council Action History 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. Then again, in June 2006, the council approved another five-year exception to the code by Ordinance No. 20370. The purpose of these controlled ecological 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 Bureau of Land Management (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. The council held a public hearing on this new, proposed ordinance on May 16, 2011. No oral or written testimony was received. 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 \\cesrv500\CC Support\CMO\2011 Council Agendas\M110613\S1106134.doc