HomeMy WebLinkAboutOrdinance No. 20014ORDINANCE NO. a
A SPECIAL QRDINANCE GRANTING AN EXEMPTION
To THE APPLICATION of EUGENE CGDE,1971,
SECTIaN b.~04.
The City Caunc~ of the City of Eugene finds as follows:
A. Section G.2oo of the Eugene Code, 19? 1, 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. Maintenaaace 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 Metropolitan Area General Plan Metro Plan} adopted and
acknowledged in 1982, identifies the West Eugene Yndustrial Area as a maj or growth area for the
City. .
D. The West Eugene Wetlands Plan was adopted by the City Council on May 20,199
by Ordinance No.19853 as a refinement to the Metro Plan. The West Eugene Wetlands Plan Plan}
sets forth policies for preserving significant wetlands in West Eugene, allowing development of
lower quality wetlands, and establishing a system for mitigation of fi11ed wetlands. The Plan also
includes goals and policies for protecting and expanding populafions and habitats of rare, threatened.
or endangered plants, including Bradshaw's lomatium (.~omatr`um bradshawii}, Willamette Valley
daisy ~Erxgeron decum~ens var. decumbens}, and white-top aster ~~4ster curtus}, and policies for
managing the preserved wetlands in public ownership.
E. Experimental burns conducted in.1986,1957 and 1991 in the Willow Creek natural
area within wetland habitat cont~aanulg the above-mentioned plant species have resulted in expansion
of populations of those plants in the areas burned.
F. Management of these wetlands and preservation of plant species requires a "species
protection" 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 hereua by
reference. This burning of vegetation in these areas will, restore them to their historical condifion and
replicate the indigenous environment for the plants.
G. A limited and special exception to the open burning ban in Eugene Code, 1971,
Section G.200 is necessary for this purpose. This limited exception is based upon the high costs and
Muted practicability of alternative vegetation control methods, the limited nature of the expected
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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
documenfi~, 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 or signal any relaxation
of the City's commitment to preservation of air quality.
H. Exceptions to the open burning ban have been previously granted by the City Council
by Eugene Ordinance No.19403 enacted August 13,1956, Eugene Ordinance No. 19493 enacted
July 27,1987, Eugene Ordinance 19634 enacted September 11,1989, Eugene Ordinance 19715
enacted September 12, 199, and Eugene ordinance 19983 enacted September 12, 1994. An
exception is again necessary to ensure the continued proper management of this natural resource
area.
NOW, THEREFORE,
THE CITY OF EUGENE DUES ORDAIN AS FOLLOWS:
Section 1. The finndings 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 Eugene Code,1971, Sec~.on 6.24a is given to
the Bureau of Land Management and the Nature Conservancy to conduct periodic "species
protection" open burning of vegetation far scientific purposes and to foster growth of Wetlands
species in the area 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
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.
b. The total area of open bunting shall be no greater than 90 acres, and
no more than 45 acres of open bunting shall be conducted within any one calendar
year. The total area of propane burning shall be no greater than 32 acres and no more
than 16 acres of propane 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 and The Nature
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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, 2000.
f. The Bureau of Land Management 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.
Passed by the City Council this
ZZnd Day of May 1995
~~ ~
City Recorder
Approved by the Mayor this
ZZnd Day of May 1995
C~~~ ~
Mayor
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