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Keep Your Green While Keeping Green
By: Crystal Fieber
Crystal.Fieber@wilaw.com
920.457.8400
Now that the warm weather has finally arrived in Wisconsin, homeowners are getting ready for summer lawn care. But before you get out the sprinkler and shovel, be sure to check with your local municipality to find out if there are any lawn care ordinances you should know about. Several municipalities and a few counties have recently passed laws that may change the way you keep your grass looking so green.
When Can I Water?
As some of you may have heard, the City of Waukesha recently enacted a water conservation ordinance. Waukesha's ordinance restricts the use of sprinklers between May 1st and October 1st . During the restricted months, property owners with odd-numbered street addresses may water their lawns or gardens on Tuesdays and Saturdays before 9:00 a.m. or after 5:00 p.m. Property owners with even-numbered addresses may water on Thursdays and Sundays before 9:00 a.m. or after 5:00 p.m.
Although the ordinance restricts the use of sprinklers, it allows property owners to water their gardens and shrubbery using hand-held watering devices. Sprinkling newly planted grass is also allowed.
Although Waukesha's ordinance has received recent media attention, several municipalities have previously enacted similar ordinances. For example, the City of Waupaca enacted a year-round water conservation ordinance in 1998, which restricts watering times to before 8:00 a.m. and after 8:00 p.m. Similar to Waukesha's ordinance, it restricts the use of sprinklers for even-numbered properties to even-numbered days of the month and odd-numbered properties to odd-numbered days of the month. Like Waukesha, Waupaca allows property owners to water flowers, shrubs, and gardens using hand-held watering devices.
In Waukesha, violators will receive three notices before the matter is referred to the police. The forfeiture for a first offense is $160.00.
Which Fertilizer Should I Choose?
After studies showed that fertilizers containing phosphorus caused excessive algae growth, decreased water clarity, and depleted the water of oxygen to the detriment of local fish, local governments began enacting ordinances banning the use of phosphorus in fertilizers.
Effective in January of 2005, Dane County banned the use and sale of fertilizers containing phosphorus. Although fertilizers with phosphorus are banned, the County made exceptions for lawns in their first growing season or where tests indicate phosphorus is needed. The fertilizer industry challenged Dane County's ordinance. Both federal courts hearing the case, the Western District of Wisconsin and the Seventh Circuit Court of Appeals, upheld the legality of the ban as a legitimate exercise of local authority.
The passage of ordinances banning phosphate fertilizers has gained momentum in recent years. Currently, several municipalities in southeastern Wisconsin, including the City of Pewaukee, the City of Delafield, the Town of Delavan, and the Village of Twin Lakes, have some form of restrictions on fertilizers containing phosphorus. While some municipalities, like the Town of Delafield, prohibit the use of fertilizers containing more than 3% phosphorus, others ban all fertilizers with phosphorus.
Several County Boards have also placed restrictions on the use of phosphate fertilizers. Polk County restricts the use near waterfronts. Door County is also a recent addition to the growing list, so be careful if you plan to bring lawn care products to your summer cottage. Other counties, like Barron County, are considering enacting ordinances restricting phosphate fertilizers.
Currently, Minnesota has a state-wide ban on phosphate fertilizers, and Maine has restrictions slated to go into effect on January 1, 2008. Wisconsin may be headed in the same direction. Representative Garey Bies, R-Sister Bay, is currently working on legislation that would ban fertilizers containing phosphorus in Wisconsin.
If you choose to use a phosphorus free fertilizer this summer for environmental reasons, or if your local municipality has an ordinance restricting its use, look for fertilizer that has a middle number of “0.” For example, if the fertilizer package number is 30-0-04, it is phosphorus free.
So, take a few minutes to review your local ordinances by going online or calling your local municipal clerk before fertilizing or watering this summer. It may save you some green!
*All information appearing in this article is for informational purposes only and is not legal advice. This article does not create an attorney-client relationship with any reader. Do not act upon any information contained in this article without seeking professional legal counsel.
