Chapter 1.3
Sensitive Lands and Wildlife Habitat

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Protection of Pollinators from Habitat Loss and Chemical Exposure

INTRODUCTION

Pollinators are a broad group that include insects such as bees and butterflies, mammals such as bats, and even some bird species.[1] As discussed below, pollinators make a crucial contribution to the economy, yet they are under grave stress due in large part, to habitat loss and chemical exposure.[2] In response, communities across the U.S. are enacting ordinances to address threats to local pollinator populations.

Local governments have passed regulations to protect pollinators in both broad and narrow contexts. When within their home rule or enabling act authority, some local governments have banned or limited the use of harmful pesticides,[3] such as those containing neonicotinoids, throughout the jurisdiction or at specific sites or districts therein.[4] Other local governments focus on protecting habitats critical to the well-being of pollinators by requiring a minimum amount of pollinator-friendly native vegetation to be planted as part of landscaping requirements. Such regulations can be aimed at specific sites, including solar energy facilities,[5] or they can apply to more general areas such as subdivisions.[6]

Local governments vary regarding where they codify these ordinances within local codes. Codification often depends on how the ordinance addresses loss of habitat. For example, ordinances that offer broader protections may be located in sections directly regulating landscapes,[7] while those that apply in specific circumstances are embedded within the relevant section (e.g., subdivision provisions).[8] In addition, some of the options local governments can use to implement these ordinances include referencing best practice guides to regulate the design of vegetation on a site,[9] requiring pollinator habitat to be planted in buffer zones,[10] and encouraging the implementation of pollinator habitat by awarding points in pursuit of a permit to developers who plant pollinator-friendly vegetation.[11] Ordinances requiring placement of pollinator habitats at solar facilities can help reduce the widespread loss of natural environments, as approximately six million acres of land are expected to be dedicated to solar siting by 2050.[12] Authorities believe that, at the least, planting pollinator-friendly habitats on applicable solar sites can be one part of a larger solution (for our brief specifically discussing solar energy options on agricultural land see Commercial Solar Development on Farmlands).[13]

EFFECTS

Although exact figures are difficult to pin down,[14] the economic impact of pollinators is staggering, and has been valued in the U.S. at $2-19 billion dollars per year for agricultural purposes.[15] The dollar figure is much higher when considering the value pollinators offer in terms of their impacts on the entire ecosystem and their role in propagating a multitude of plant life that serves many purposes, such as water filtration and erosion mitigation.[16] Pollinators’ reach into the economy is vast, affecting businesses and industries invested in “ornamentals, medicines, biofuels, [fibers], construction materials, musical instruments, arts, crafts, and [recreational] activities.”[17]

Pollinators play a significant role in maintaining strong ecosystems and biodiversity among plant life.[18] It is estimated that approximately 350,000 animal species comprised mainly of mammals, birds, and insects depend heavily on the relationship between pollinators and plants.[19] Nearly 50 percent of flowering vegetation relies on pollinators for reproduction; many more species need pollinators to assist with seed distribution and genetic variation.[20] Self-reproductive plant species that are not cross-fertilized by pollinators are less likely to be able to survive and adapt in changing environments.[21] On average, seed-bearing plants such as those that bear fruit are 63 percent less productive in the absence of pollinators.[22]

Human health draws heavily on the byproducts of the pollinator-plant relationship. The continued survival of several plant species with remedial properties (such as aloe vera and poppy plants)[23] are contingent upon pollinators for propagation.[24] Pollinated plants, like most plant life, contribute to the recycling of carbon dioxide while improving the quality of both air and water.[25] Micronutrients like “vitamins A and C, calcium, fluoride and folic acid” that are critical to the human biome are found exclusively in pollinated plants.[26]

The influence of pollinators, their habitat, and the products of their labor has had a profound impact on society, helping shape humanity’s culture around the world.[27] Over 50 countries have honey gathering and beekeeping methods based on local traditions.[28] Butterfly gardens are popular features in public spaces across the U.S.[29] Recreational fruit and berry picking hinges entirely on pollinators’ efforts.[30] Avocations such as local gardening and beekeeping, which build relationships within communities and have beneficial impacts on youth, also need healthy pollinators and habitats to thrive.[31]

EXAMPLES

Fort Lauderdale, FL

In its Landscape and Tree Preservation Requirements, Fort Lauderdale seeks to secure and beautify its natural environment by establishing a sustainable landscape.[32] The City accomplishes this through a reduction of fertilizers and pesticides according to the Florida-Friendly Landscaping principles in spaces containing “trees, nectar-producing plants for wildlife pollinators, and other plants.”[33] Florida-Friendly Landscaping principles numbers one, five, and six are entitled: Right Plant, Right Place; Attract Wildlife; and Manage Yard Pests Responsibly.[34] Right Plant, Right Place describes the need to plant vegetation that complements the area’s ecosystem in accordance with USDA requirements.[35] Attract Wildlife involves establishing yards that attract “birds, bees, bats and other creatures” that have suffered habitat loss due to development.[36] Manage Yard Pests Responsibly entails a method of pest management beyond the use of chemicals.[37] The last section also stresses planning, maintenance, and the utilization of chemicals with low or zero toxicity, although it does recognize that in some situations the use of high toxicity chemicals is appropriate.[38]

Sites must be designed to maintain native plant life to the extent such design is reasonably practicable.[39] Landscaping must adhere to Florida-Friendly Landscaping principles and fruit-bearing vegetation should be considered to create a landscape that is both sustainable and edible.[40] Vegetation that produces nectar is to be integrated where possible to supply a food source for “pollinators such as butterflies, moths, bees, hummingbirds and bats.”[41] Developers must obtain a landscaping permit before commencing a project or modifying an existing landscape.[42] A site plan must be submitted before a permit will be issued which must contain items such as a list of plants on the property, their placement on the property, the number and size of each plant, vegetation height, and drought tolerance.

To view the provisions see Fort Lauderdale, FL, Unified Land Development Code §§ 47-21.1, 47-21(3-6).

Halifax County, VA

Under its Solar Energy Facilities section, Halifax County has called for the development of solar energy systems that promote wildlife and pollinator habitats.[43] The Code distinguishes between “large scale” and “small scale” solar sites based on factors such as size, equipment, and energy output.[44] Developers at large and small-scale solar energy sites must submit a plan that illustrates both the location of native pollinator-friendly vegetation and a maintenance schedule for such vegetation.[45] For large-scale facilities, a report on the possible impact to pollinators and their habitats must accompany the site plan and may include a “solar site pollinator habitat assessment form” when the zoning administrator requires it.[46]

Large-scale sites must include a 15-foot-wide vegetative buffer to screen the equipment that encircles the property.[47] Buffer vegetation is to consist of noninvasive, native plant life friendly to pollinators.[48] The buffer must measure three feet in height when planted and be expected to grow to eight feet tall in a three-year span. The planting must take place shortly after construction is finished to reduce the amount of invasive weeds and sediment in the area.[49] Permits may be denied or have additional restrictions when site plans threaten pollinator habitats and corridors.[50]

To view the provisions see Halifax County, VA, Code of Ordinances §§ 53-153 – 53-159 (2017).

ADDITIONAL EXAMPLES

Champaign, IL, Code of Ordinances § 37-619.3 (Table XI-C) (5.1) (2018) (requiring a 20-foot buffer of pollinator-supporting vegetation to surround stormwater detention and drainage areas in the City’s Curtis Road Interchange Area Overlay District).

South Miami, FL, Code of Ordinances § 5-1(d) (2016) (banning the use of biocides and insecticides within City limits when they possess the potential to harm pollinators).

Upper Arlington, OH, Code of Ordinances §§ 6.07(A)(3), 6.07(E) (2015) (using landscaping regulations to increase the amount of native, pollinator-friendly plants; for example, developers must obtain permission to plant trees not listed in the Code).

Denton, TX, Development Code § 7.7.5(F)(Table 7.E) (current through 2020) (requiring developers to acquire a minimum number of points to meet landscaping requirements, and allowing pollinator gardens with native foliage to add to their point total).

ADDITIONAL RESOURCES

Review of Pollinators and Pollination Relevant to the Conservation and Sustainable Use of Biodiversity in All Ecosystems, Beyond Their Role in Agriculture and Food Production, Convention on Biological Diversity (Jun. 22, 2018), https://perma.cc/D3NX-PZAN.

Patrick Fitzgerald, Monarch Conservation in American Cities, National Wildlife Federation (2016), https://perma.cc/FBC5-77KW.