Native Plant Landscaping in townThis is a featured page


The native plant draft ordinance below was provided by Michael Sevener and created by a group called Wild Ones of Wisconson. This ordinance permits native plants on private, commercial and town properties while assuring landscapes will be kept neat. A final draft should be voted on at the next Legislative Meeting on Monday, March 3, 2008.

For background information, click here.

You can add your comments and suggestions through the thread at the very bottom of this page. You don't have to be registered to make comments but please add your name in the comment text. This program only includes your name in the thread if you're registered. You can also email your comments directly to Michael at michael.sevener (at) gmail.com.

Thank you!
Judy Glaes

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DRAFT MUNICIPAL ORDINANCE ENCOURAGING THE USE OF NATIVE PLANT COMMUNITIES AS AN ALTERNATIVE IN URBAN LANDSCAPE DESIGN
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SECTION 1. Legislative Purpose: A variety of landscapes adds diversity and richness to the quality of life in Riverdale Park. There are, nonetheless, reasonable expectations regarding the town's landscapes which, if not met, may decrease the value of nearby properties, degrade the natural environment, or threaten the public health and safety. It is therefore in the public interest, and within the purview of this legislation, to provide standards for the development and maintenance of the town's landscapes, whether corporate, private, or public.
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The town recognizes the landowners' interest in having managed turf grass landscapes. At the same time, the town encourages the preservation, restoration, and management of native plant communities and wildlife habitats within the town limits. The town recognizes that the use of wildflowers and other native plants in managed landscapes is economical, reduces maintenance, effectively conserves water, soil, and other elements of the natural community. Moreover, the preservation, restoration, and management of native plant communities and wildlife habitats may preclude the introduction of toxic pesticides, herbicides, fertilizers, and other pollutants into the environment.
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The town further acknowledges the need to enjoy and benefit from the variety, beauty, and practical values of natural landscapes, and seeks to guarantee citizens the freedom to employ varying degrees of natural landscaping as viable and desirable alternatives to other conventional modes of landscaping.
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The town seeks to encourage each landowner to create and sustain a condition of ecological stability on his or her land, that is, a state of good health and vigor, as opposed to one of impairment and decline. It is not the intent of this legislation to allow vegetated areas to be overgrown in ways that may adversely affect human health or safety. It is the express intent of this town that it shall be lawful to grow native plants, including, but not limited to ferns, grasses, forbs, aquatic plants, trees, and shrubs in a landscape when these plants were obtained not in violation of local, state, or federal laws.
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SECTION 2. Definitions: The following terms shall have the stated meanings.
(a) Landowner. One who owns or controls land within the town, including the town itself.
(b) Turf Grass. Grass commonly used in regularly-cut lawns or play areas, such as, but not limited to bluegrass, fescue, and ryegrass blends.
(c) Preservation, or Restoration Area. Any lands managed to preserve or restore native grasses and forbs, native trees, shrubs, wildflowers, and aquatic plants.
(d) Weeds. Those plant species defined as "noxious weeds" under the Noxious Weed Law, Title 9, Subtitle 4, Annotated Code of Maryland. Other "invasive species" may be declared to be "Weeds" by local ordinance.
(e) Destruction: The complete killing of plants, or effectually preventing such plants from maturing to the bloom or flower stage.

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SECTION 3. Landowners' Rights and Responsibilities:
(a) This ordinance shall apply equally to all landowners, including the Town of Riverdale Park.
(b) Every landowner having lawns of the conventional turf grass type shall be responsible for managing the turf grass at a height not to exceed 10 inches.
(c) Every landowner shall be responsible for the destruction of all weeds on land which he/she shall own or control.

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SECTION 4. Controls. The town may not damage, remove, burn, or cut vegetation of any landowner for which the town does not have management responsibilities, except those species prohibited herein (see SECTION 2, Weeds), and except on order of a court of record following a hearing at which it is established (1) that noxious or nuisance weeds specifically named in the landscape ordinance exist in the landscape; or (2) that a condition creating a clear and present hazard to public health or safety has arisen; or (3) that the condition is a threat to the agricultural economy; or (4) that the conditions of SECTION 3, entitled Landowners' Rights and Responsibilities, have not been met. A court order under these subsections shall provide that the destruction, cutting, or removal of the offending vegetation shall be selective so as not to harm.


Rob_Oppenheim
Rob_Oppenheim
Latest page update: made by Rob_Oppenheim , Feb 16 2008, 2:15 AM EST (about this update About This Update Rob_Oppenheim Edited by Rob_Oppenheim

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Anonymous question 1 Jan 1 2009, 8:06 PM EST by MSevener
 
Thread started: Feb 18 2008, 2:15 PM EST  Watch
In terms of how code is implemented, section 4 says that the town may only cut vegetation if it is a weed as defined under the noxious weed law. Is that a correct interpretation?

I'm concerned that there is a hurdle of having to go to court first, before the town can cut the grass of a resident whose grass is taller than 10". As written now, the town would have to go to court and prove that the property owner has not fulfilled the "landowner's rights and responsibilities", and then, after that, the town would proceed with code enforcement.

I also think you may want review any other sections of the town code that deals with the ROW. Residents can't plant trees and shrubs in the ROW (or they can, but the town can yank them out if needed).

Alice

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Anonymous native landscaping 0 Feb 21 2008, 1:21 AM EST by Anonymous
 
Thread started: Feb 21 2008, 1:21 AM EST  Watch
sweet, nice to see someone is into landscaping with plants that are water tolerant to their region. they'll grow better and the customer will save water.
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dwightrholmes Paint me a picture 5 Feb 18 2008, 11:01 PM EST by JudyGlaes
Thread started: Feb 16 2008, 10:00 AM EST  Watch
Judy, this is great -- thanks so much for all the work on this.
While i'm a little familiar with the notion I'd love to see photos of some implementations of exclusive native plant plantings *in our area* -- and especially in private yard settings. Got any links? Thanks again!
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