HomeMy WebLinkAboutOrdinance No. 20565
COUNCIL ORDINANCE NO. 20565
COUNCIL BILL 5154
GRANTING AN EXEMPTION TO THE APPLICATION OF SECTION 6.200
OF THE EUGENE CODE, 1971.
ADOPTED:June 13, 2016
SIGNED:June 14, 2016
PASSED:6:2
REJECTED:
OPPOSED: Taylor, Clark
ABSENT:
EFFECTIVE: July 14, 2016
ORDINANCE NO. 20565
GRANTING AN EXEMPTION TO THE APPLICATION OF SECTION 6.200 OF
THE EUGENE CODE, 1971.
The City Council of the City of Eugene finds as follows:
A.
Section 6.200 of the Eugene Code, 1971, (EC), proscribes the practice of open
burning within the City of Eugene with specified exceptions to this ban. This ordinance is a
component of local 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 West Eugene Wetlands Plan (the Plan) was adopted by the City Council on
May 20, 1992, by Ordinance No. 19853 as a refinement to the Metro Plan. The Plan was
amended by the City Council by Ordinance Nos. 19867, 20002, 20119, 20126, 20147, 20171,
20200, 20201, 20208, and 20259 during the years 1992 to 2002. The Plan sets forth policies for
preserving significant wetlands in West Eugene, allowing development of lower 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 Bradshaws 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. In addition, the Plan contains
policies for managing the preserved wetlands in public ownership.
D.
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, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,
2014, and 2015 on several sites have also been beneficial for managing wetland habitat and
maintaining and improving wet prairie habitat.
E.
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
to their historical condition and replicate the indigenous environment for the plants.
F.
Some wetland sites owned by the City, Bureau of Land Management, and The
Nature Conservancy that are currently outside of the Eugene City limits and/or the urban growth
boundary 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 2016 to 2020.
G.
A limited and special exception to the open burning ban in EC 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
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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.
H.
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 Ordinance No.
19403 enacted August 13, 1986, Ordinance No. 19493 enacted July 27, 1987, Ordinance No.
19634 enacted September 11, 1989, Ordinance No. 19715 enacted September 12, 1990,
Ordinance No. 19983 enacted September 12, 1994, Ordinance No. 20014 enacted May 22, 1995,
Ordinance No. 20231 enacted June 25, 2001, Ordinance No. 20370 enacted June 26, 2006, and
Ordinance 20476 effective July 16, 2011. 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 EC 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 Protection Agency and shall obtain
the approval of those agencies to conduct the burn in the time, place, and manner
proposed.
b. No more than 250 acres of open burning shall be conducted within the City of
Eugene in any one calendar year.
c. Environmental protection and fire suppression strategies, personnel, and
equipment (including wind direction, moisture regime, and firefighting equipment)
shall be approved in advance by the Eugene Fire Marshal and Lane Regional Air
Protection Agency. The Bureau of Land Management, Eugene Public Works
Department, and The Nature Conservancy shall comply with all conditions
imposed by those agencies.
d. Burning shall only occur when wind and weather conditions are such that air quality
impacts are minimized and safety can be maintained.
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