Native Plants/Vegetation
Kyler Massner (author), Jonathan Rosenbloom & Christopher Duerksen (editors)INTRODUCTION
Local governments can save money, reduce pollution, and protect waterways and wildlife habitat by requiring landscaping to utilize native plant species. A native plant is any plant species specific to that region, which is particularly suited to local soil, topography, and water conditions.[1] Increased human development and changing climate patterns have either eliminated or placed native plant species at-risk in some areas, threatening the wildlife dependent on them for food and shelter.[2] Local landscape ordinances sometimes inadvertently contribute to this loss of wildlife habitat by either favoring non-native vegetation, by classifying native species as a public nuisance, or by containing requirements that discourage their use.[3]
To address this, local governments may amend local codes to allow or require landscaping with native plant species. Such ordinances should clearly label native species and improvements as not being a public nuisance. In addition, local governments can require landowners to meet specific minimums of native plant species in field borders, buffers, and other landscaping improvements, or encourage their use in landscape plans. Such changes can specifically apply to all properties, including single-family residences.[4] A part of any native landscaping ordinance should contain a list of approved species and maintenance criteria. Local experts should curate this list and choose species that are not only native, but appropriate to local soil, topography, and water conditions.[5] Maintenance criteria and setback distances should be required to adequately maintain public safety and discourage unmanaged growth.
A major consideration in any native plant landscaping ordinance is the minimum area that must be landscaped with native species.[6] Some ordinances require as high as 100% coverage; however, a local government hesitant to require such on private property could instead opt for a smaller minimum threshold and require conservation of any existing native plant species where possible.[7] (For a more comprehensive vegetation protection brief see Vegetation Protection Areas). Local governments can also reduce requirements for plan approvals and permit flexibility in landscape design if landscaping will incorporate native plant species.[8]
Local governments may also bolster the protection of natural wildlife areas by making any invasive plant species a public nuisance (for brief specifically on invasive or exotic plant removal see Require Removal of Exotic Vegetation). Declaring an invasive plant a nuisance would authorize the local government to require removal and, if not undertaken by the property owners, would allow the local government to step in, remove the nuisance, and seek recovery costs from the owner.[9]
EFFECTS
Landscaping with plant species that are best adapted to a location can produce significant ecological and cost-saving benefits. First, landscaping with native plants increases biodiversity and maintains a properly functioning ecosystem.[10] Additionally, food and habitable areas for local wildlife are increased when native plant species are used in landscaping.[11] Second, landscaping with native plants usually results in hardier landscaping that can withstand environmental stressors (i.e. extreme temperatures, droughts, increased rainfall, etc.) and use water more efficiently.[12]
Landscaping with native plant species can also save local governments and property owners money compared to traditional landscaping methods. Since native species are adapted to local conditions, they often do not require expensive pesticides, fertilizers, extra watering, or additional upkeep. In a study conducted by the State of Illinois, researchers found that native prairie landscaping costs 56% less to install than traditional landscaping, averaging an annual savings of $3,400 per acre.[13] In addition to costs saved in upkeep, native species help reduce other costs by absorbing water that would otherwise be discharged into sewers, decreasing levels of erosion and filtering harmful pollutants before they reach waterways. Compared to turf, studies show that infiltration rates are greater with native plant species than those without, and that areas with greater plant diversity showed significantly higher rates of water interception than traditional turf landscaping.[14]
EXAMPLES
Kane County, IL
Kane County’s landscaping plan seeks to maintain and improve the ecological diversity of native plant species. The County applies its landscaping provisions to residential, commercial, and industrial sites.[15] For industrial sites, the County requires a minimum of twenty-five percent of the area set aside for planting of native species.[16] The owner or developer is required to select plants appropriate to local conditions and make improvements that restore diversity of onsite plant species.[17] The County provides a list of approved plant species curated by local experts. In addition, the County requires the preservation of existing trees. The County further stipulates that when no native vegetation exists on the property, developers are required to plant at least two native tree species per lot.[18] Finally, the County prohibits any disease prone, sterile clones, or plants with a negative rating from being planted within the County.
To view the provision, see Kane County, IL, Subdivision Regulations § 19-127 (2012).
Sanibel, FL
The City encourages the use of native plants for landscapes and prohibits invasive exotic vegetation.[19] In Sanibel, new developments and redevelopments require a minimum 75% of native vegetation to be used in all landscaping with the remaining 25% restricted to only noncompeting plant species, while landscaping seaward of the 1974 Coastal Construction Control line is restricted to using only native species.[20] Additionally, the City prohibits removal or transplanting of native vegetation without first obtaining a permit and holds the right to stop work or withhold a certificate of occupancy until vegetation deficiencies have been corrected.[21] The City also requires removal of eight different invasive exotic species by all property owners.[22] Properties are required not only to remove those invasive exotic species but keep such species permanently off the property, in addition to the City prohibiting the growing, propagating, or selling of such species on Sanibel.[23] Furthermore, if the property owner is not applying for a development permit, the City provides financial assistance for removal of these species, and to assist in revegetation has a native plant nursery to provide readily available native vegetation for residents.[24]
To view the provision, see Sanibel, FL, Code of Ordinances § 122-169, 191 (2004).
Schaumburg, IL
The City of Schaumburg provides a natural landscape provision within the zoning code to encourage the utilization of native plant species for landscaping improvements in recognition of the ecological, economic, and aesthetic benefits that native plant species provide.[25] The City provides that tree and shrub species in natural landscaped areas must be 100% native plant species.[26] Maintenance guidelines are provided, requiring at least one annual cutting to twelve inches or less or an annual burning obtained by permit through local agencies.[27] The City does not limit natural landscaping to commercial or industrial lots but permits it in residential areas when a natural landscaping permit is acquired by the landowner.[28]
To view the provision, see Schaumburg, IL, Code of Ordinances § 154.136 (2014).
Minneapolis, MN
Minneapolis encourages and permits the use of native plant species by making installation and maintenance of natural landscapes a right with no application required.[29] A significant barrier to the implementation of natural landscaping is the improper classification of native plant species as nuisances. Minneapolis eliminates this improper distinction by permitting natural landscaping and excluding it as a public nuisance when properly maintained.[30]
The City defines a natural landscaping as a planned, intentional, and maintained planting of grasses, wildflowers, trees and shrubs. Natural landscaping is allowed to exceed maximum height and maintenance requirements of traditional turf landscapes.[31] The City encourages native species in landscapes, but at a minimum, species used are required to be non-invasive and proven adaptable to the local climate.[32]
To view the provision, see Minneapolis, MN, Code of Ordinances §§ 227.90(b) (2013); 530.190, 200 (2005).
Collier County, FL
Collier County applies landscaping requirements to all new commercial, industrial, and residential developments.[33] For residential units, if minimum landscaping requirements are not met, the City requires the installation of such landscaping before a certificate of occupancy will be granted.[34] The County requires plant species used to meet standards set out by Florida’s Department of Agriculture and facilitates compliance by providing a Collier County native plant list and a map showing required native species planting zones.[35] The County has also defined areas that require native landscaping. For example, in the area South and West of US-41, the County requires 100% native species when landscaping, whereas other sites not within these specific zones are required to have a minimum of 75% percent of plant species as listed in native species list.[36]
To view the provision, see Collier County, FL, Land Development Code § 4.06.05 (2018).
See also Preservation Standards at Collier County, FL, Land Development Code § 3.05.07 (2018).
ADDITIONAL EXAMPLES
Salt Lake County, UT, Code of Ordinances § 19.77.030 (2007) (requires 80% of landscaping to be drought resistant plant species to promote maximum water conservation and efficiency).
Austin, TX, Land Development Code § 25-2-1024, 1031 (2015) (designates zones where disturbance of natural vegetation is restricted and requires restoration with native species if such occurs).
Ventura, CA, Code of Ordinances §§ 8109-4.1.5 (2008); 8178-8.4.2.2 (2016), 8.4.1.5 (2016) (requires all discretionary development to be sited and designed to utilize native plants to re-vegetate grade slopes and landscape screening, while prohibiting turf from exceeding 25% of landscaped area).
Douglas County, WA, Code of Ordinances §§ 20.40.060(D) (2018); 20.40.070(B) (2018) (allows landscapes using native plant species to be eligible for a 10% reduction is required landscaped area and exempts landscaped areas using native plant species from requiring installation of irrigation systems).
ADDITIONAL RESOURCES
Native Landscaping Ordinances: Native Landscaping Ordinances, MARC (June 2013), https://perma.cc/94UE-8XAK (last visited July 3, 2018).
Michael Orange, Model Landscape Ordinance for a Municipal Zoning Code, GreenStep Cities Program (April 1, 2017), https://perma.cc/W3TF-DXTW (last visited July 11, 2018).
Erika Zimmerman & Thomas T. Ankersen, Model Native Plant Landscape Ordinance Handbook, Conservation Clinic, https://perma.cc/56VB-VS8C (last visited July 11, 2018).
Brendan Dougherty & Dan Shaw, Summary of Functional Benefits of Native Plants in Designed and Natural Landscapes, https://perma.cc/FK54-B7L7 (last visited July 11, 2018).
Greenacres: Landscaping with Native Plants, EPA, https://perma.cc/V4XP-U7ZX (last visited July 3, 2018).
CITATIONS
[1] Native, Invasive, and Other Plant-Related Definitions, USDA, https://perma.cc/FDL6-FU3L (last visited June 28, 2018).
[2] Ciji Taylor, Native Plants Boost Conservation Benefits, Strengthen Wildlife Populations, USDA, https://perma.cc/4EMF-TXCA (last visited June 28, 2018).
[3] Erika Zimmerman & Thomas T. Ankersen, Model Native Plant Landscape Ordinance Handbook, Conservation Clinic 6, https://perma.cc/56VB-VS8C (last visited June 29, 2018).
[4] Id. at 7.
[5] Id.
[6] Id.
[7] Id.
[8] Id.; see Douglas County, WA, Code of Ordinances §§ 20.40.060(D) (2018); 20.40.070(B) (2018).
[9] Id. at 8; see Christopher J. Duerksen & Cara Snyder, Nature-Friendly Communities: Habitat Protection and Land Use Planning 84-85 (2005);
[10] Native, Invasive, and Other Plant-Related Definitions, supra note 1.
[11] Landscaping with Native Plants: Quantification of the Benefits of Native Landscaping Current Knowledge, EPA (December 6-7, 2004), https://perma.cc/4ZX8-9UQ6
[12] Id.
[13] Landscaping with Native Plants: Quantification of the Benefits of Native Landscaping Current Knowledge, supra note 11.
[14] Brendan Doughert & Dan Shaw, Summary of Functional Benefits of Native Plants in Designed and Natural Landscapes 3-4, https://perma.cc/FK54-B7L7 (last visited July 3, 2018).
[15] Kane County, Ill., Subdivision Regulations § 19-127 (2012).
[16] Id. § 19-165.
[18] Id.
[19] Sanibel, Fla., Code of Ordinances § 122-169 (2004).
[20] Id.
[21] Id. § 122-102 (2004); 122-145 (2004); 122-222 (2004).
[22] Id. § 122-191 (2004).
[23] Id. § 122-123 (2004); Christoper J. Duerksen & Cara Snyder, supra note 9, at 84-85.
[24] Christoper J. Duerksen & Cara Snyder, supra note 9, at 84-85.
[25] Schaumburg Ill., Code of Ordinances § 154.136 (2014).
[26] Id. § 154.136(J).
[27] Id. § 154.136(P)(2).
[28] Id. § 154.136(P)(3).
[29] Minneapolis, Minn., Code of Ordinances § 227.90 (2013).
[30] Id.
[31] Id. § 227.90(b).
[32] Id. § 530.190, 200 (2005).
[33] Collier County, Fla., Land Development Code § 4.06.05(A)-(B) (2018).
[34] Id. § 4.06.05(A).
[35] Id. § 4.06.05(D)(1)(a)-(b).
[36] Id.