HomeMy WebLinkAboutOrd. 20652
20652
ADOPTED:May2421
SIGNED:May28,2021
PASSED:6:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE:June28
ORDINANCE NO.
GRANTING AN EXEMPTION FROM THE APPLICATION OF SECTION 6.200 OF
THE EUGENE CODE, 1971, AND PROVIDING FOR A SUNSET DATE.
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, which
makes a limited exception to EC 6.200, 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), adopted by the City Council on May
20, 1992 and amended numerous times since, 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
Lomatium bradshawii Î delisted in February 2021)), Willamette Valley
daisy (Erigeron decumbens var. decumbens(Lupinus oreganus), 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 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, 2015,
2016, 2017, and 2018 on several sites have also been beneficial for enhancing and maintaining
wetland and associated upland habitats. The first ecological burn implemented in the Ridgeline
Area occurred in 2018 at Suzanne Arlie Park following extensive mechanical fuels reduction.
E.The Ridgeline Area Open Space Vision and Action Plan, published in February
2008, is based on the Rivers to Ridges Vision and Strategies document endorsed by City Council
on March 12, 2003. This document establishes management principles for the safety of
recreational users and the reduction of potential hazards inherent to the rural-urban interface
Vision and Action Plan recommends the implementation of prescribed fire (where feasible) to
prevent woody vegetation from establishing in prairies and savannas and management of
vegetation to help reduce risk of wildfire spreading to adjacent properties, also known as fuels
reduction.
F.Management of natural areas and preservation of fire-adapted native plant
communities requires controlled open burning of vegetation for ecological purposes and to foster
growth of native species in the areas noted on the map attached as Exhibit A hereto and
incorporated herein by reference. Repeated burning of vegetation in these areas will enhance or
maintain natural areas to sustain fire-adapted plant and animal communities.
Ordinance - Page 1 of 3
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
expected burns, air pollution control strategies that will be employed to prevent significant
degradation of local air quality, the special recognition given to regionally rare habitat types
described in 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, the reduction of fuels that contribute to uncontrolled wildfires,
and the ecosystem services provided to the community. 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,
Ordinance 20476 enacted June 13, 2011, and Ordinance No. 20565 enacted June 13, 2016. 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 regulation of outdoor burning 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 hereby granted to the Bureau
of Land Management, Eugene Public Works Department and The Nature Conservancy to conduct
periodic "Prescribed Ecological Burns" for the purposes of scientific research, fuels reduction and
to foster growth of native plant species in any of:
a.
Eugene, as shown on the map attached as Exhibit A hereto and incorporated herein
by reference; and
b.shown on the map attached as Exhibit A, that
are annexed into the city limits after the adoption of this ordinance.
Section 4. The exception granted in Section 3 is subject to the following conditions:
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.
Ordinance - Page 2 of 3