HomeMy WebLinkAboutOrdinance No. 20476COUNCIL ORDINANCE NUMBER 20476
COUNCIL BILL NUMBER 5049
A SPECIAL ORDINANCE GRANTING AN EXEMPTIONTO
THE APPLICATION OF SECTION 6.200 OF THE EUGENE
CODE, 197111
ADOPTED: June 73, 2011
SIGNED: June 75, 2011
PASSED: 8:0
REJECTED:
�014;191*1"o
ABSENT:
EFFECTIVE:
July 16, 2011
ORDINANCE NO. 20476
A SPECIAL ORDINANCE 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 5.200 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 Eugene - Springfield Metropolitan Area General Plan (the Metro Plan) adopted
and acknowledged in 1982, identifies the Vilest Eugene Industrial Area as a major growth area for
the City.
D. The Vilest 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, 20128, 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 Bradshaw's Iomatium (Lomatium bradshawil ), Willamette Valley daisy (Erigeron
decumbens var. decumbens), and white -top aster (aster curlus), 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.
E. Experimental burns conducted in 1985, 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 1995, 1997,1998,
1999, 2000, 2001, 2002 2004, 2005, 2006, 2007, 2008, 2009 and 2010 on several sites have also
been beneficial for managing wetland habitat and maintaining and improvng wet prairie habitat.
F. 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.
G. 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
Ordinance - Page 1 of 4
protecting rare plant species. Some of these areas may be annexed to the City within the period
from 2011 to 2015.
H. A limited and special exception to the open burning ban in EC 5.200 is necessary for
the purposes outlined above. This limited exception is based upon the high costs and limited
practicability of alternative vegetation management andcontrol 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 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.
I. 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, 1985, Ordinance No. 1 9493 enacted July 27, 1987, Ordinance No. 19534
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, and Ordinance No. 20370 enacted June 25, 2005. 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 5.200 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 heretoand
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 thetime, place, and manner
proposed.
b. No more than 250 acres of open burning shall be conducted within anyone calendar
year.
c. Environmental protection and fire suppression strategies, personnel, and equipment
Ordinance - Page 2 of 4
(including wind direction, moisture regime, and fire fighting 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.
e. Burns shall occur periodically only in the time period between the effective date of
this Ordinance and December 31, 2015.
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.
Section 4. In -the event the areas are annexed to the City priorto December 31, 2015, an,
exception to the application of EC 5.200 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 any of the "Ecological Burn Site" areas shown on the map attached as Exhibit A 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 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 75 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 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.
e. Burns shall occur periodically only in the time period between the effective date of
this Ordinance and December 31, 2015.
f. The Bureau of Land Management, Eugene Public Works Department, and The
Nature Conservancy assume responsibility for providing all equipment and personnel
Ordinance - Page 3 of 4
associated with the burn and for complying with all applicable federal, state and local
laws.
Passed by the City Council this
13th day of J u ne, 2011.
Approved by the Mayor this
day of June, 2011 .
ReJorder
Ordinance - Page 4 of 4
Exhibit A
Ecological Burn Sites - 2011 -2015
Within City Limits and /or Urban Growth Boundary (UGB)
NOTE:
In most cases the actual
area burned will be smaller r
than the area indicated. Mies
0 0.25 0.5 1 March 30, 2011