HomeMy WebLinkAboutOrdinance No. 20231
ORDINANCE NO. 20231
A SPECIAL ORDINANCE GRANTING AN EXEMPTI[ON
TO THE APPLICATION OF EUGENE CODE~ 1971~
SECTION 6,200.
The City Council of the City of Eugene finds as ~bllows:
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 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 Eugene-Springfield Metropolitaaa 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 Com~cil by Ordinance Nos. 20002, 20119, 20126, 20147, 20171, 20200,
20201, mad 20208 during the years 1995 to 2000. The West Eugene Wetlands Plan (Plan) sets fbrth
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 fbr protecting and expanding populations and habitats of rare, tlareatened or endangered
plants, including Bradshaw's lomatium (Lomatium brads'hawii), Willamette Valley daisy (Erigeron
decz.~mbens var. decumbei~s), and white-top aster (_Aster c~trtus), 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, 1998, 1999 mad 2000
on several sites have also been beneficial for managing wetland habitat and maintaining and
improving wet prairie habitat.
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
fi~ster 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
Ordinance- 1
their historical condition and replicate the indigenous environment for the plants.
G. Some wetland sites owned by the City or the Bureau of Land Management that are
c~ztrrently outside Eugene City limits also need controlled open burning ~br 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 fkom 2001 to 2005 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 th~s 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 f?om the
preservation of this habitat. This limited exception is unique and should not serve as precedent for
fklture exceptions for other purposes or signal any relaxation of the City's commitment to
preservation of air quality.
t. 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 and Eugene Ordinance 20014 enacted
May 22, 1995. 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 fbr
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 Bttreau of Land Management, Eugene Public Works Department and the Nature Conserv~ancy
to conduct periodic "wetland management" controlled open burning of vegetation for scientific
purposes and to fbster growth of wetlands plant species in the areas noted on the map attached as
Exhibit A hereto and incorporated herein by reference, providing the fbllowing conditions are met:
Ordinance - 2
a. Prior to commencement of any b~n, 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 mariner proposed.
b. The total area of open burning within sites shown on Exhibit A shall
be no greater than 122 acres, and no more than 60 acres of open burning shall be
conducted within any one calendar year.
c. Environmental protection and fire suppression strategies~ personnel
and equipment (including wind direction, moisture regime, and fire fighting
equipment) shall be approved in advance by the Eugene Fire Marshal and Lane
Regional Air Pollution Authority. The Bureau of Land Management~ Eugene Public
Works Departar~ent 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.
e. Burns shall occur periodically only in the time period between the
effective date of this Ordinance and December 31~ 2005.
f. The Bureau of Land Management, Eugene Public Works Department
and The Nature Conservancy assume responsibility for providing all equipment and
personnel associated with the burn and for complying with all applicable federal,
state and local laws.
Seetion 47 In the event the areas are annexed to the City prior to December 31, 2005, 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 fbr scientific purposes and to foster
gro~h of wetlands plant species in any of the areas shown on the map attached as Exhibit B
hereto and incorporated herein by reference, following annexation of those sites to the City of
Eugene~ 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 - 3
b. The total area of open burning within sites shown on Exhibit B shall
be no greater thm~ 60 acres, and no more than 25 acres of open burning shall be
conducted within any one calendar year.
c. Environmental protection and fire suppression strategies~ personnel
and equipment (including wind direction, moisture regime, and fire fighting
equipment) shall be approved in advance by the Eugene Fire Marshal and La,ne
Regional Air Pollution Authority. 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.
e. B~,tms shall occur periodically only in the time period between the
ef~bctive date of this Ordinance and December 31, 2005.
The Bureau of Land Management, Eugene Public Works Depm~tment
and The Nature Conservancy assume responsibility for providing all equipment and
persopmel associated with the burn and for complying with alt applicable federal,
state and local laws.
Passed by the City Council this
Approved by the Mayor this
25t~ day of June 2001
25th Day of June 2001
C~ty Recorder
:ayor
Ordinance - 4
Exhibit A
Wetland Management Controlled Burning Sites
Within Current ~i_.~y Limits, 2001-2005
Ave.
Burn Areas inside City Limits
Water Bodies
Maior Roads
Railroad
Actual area burned will
be smaller than the area
mapped in most cases
EXhibit B
wetland Management Controlled Burning Sites
2001-2005
kvs,
outside Ci~ Limits
water BOdies
Major Roads
Railroad
Actual area burned will
be smaller than the area
mapped in most cases