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 June 2008 - Nr. 6

Dianne Sax, PhD in LawAu naturel:

Abandoning pesticides and embracing native gardens

Recently, pesticides have become a hot political issue in Ontario.

The provincial government is proposing a ban on the sale and cosmetic use of pesticides that would supersede existing municipal bylaws.  If passed, the legislation will allow the province to identify prohibited substances and define exceptions to the ban.

A scientific literature review published by the Ontario College of Family Physicians in 2003 linked 'serious illnesses, such as cancer, reproductive problems and neurological diseases' to chronic pesticide exposure.  Municipalities have been regulating the use of pesticides for years, but a provincial ban would create a consistent regulatory framework throughout the province.

What about the garden?

This means that homeowners will have to find alternative methods of caring for their gardens.  One excellent way is to choose native plants - bushes, shrubs and flowers that are indigenous to the local environment.  Since they are suited to our climate and soil, native species do not require chemical support to thrive.  They also support native birds and butterflies.

At the same time, anyone choosing to plant a native garden, needs to be aware of municipal bylaws and subdivision coverants governing property maintenance. Native gardens may not conform to the manicured aesthetic of a "lawn" and can create conflict with the neighbours.

A recent example is the case of Toronto-based biologist Deborah Dale, who had her native front garden mowed down last year because of alleged 'weeds, heavy undergrowth, dead branches and debris.'  The garden included an oak tree, fragrant sumac and 150 different species of perennials. Some neighbours, though, thought it was a mess.

Many municipal bylaws, including Toronto's, require property owners to 'cut the grass and weeds on their land and remove the cuttings wherever the growth of grass and weeds exceeds 20 centimeters in height'.  There are some good reasons for weed bylaws.  They can help to reign in invasive, non-native plants, and some nuisance plants such as ragweed.  In front yards, they may help to maintain road safety by ensuring clear sightlines. 

However, modern bylaws recognize that there is a place for native plants. The bylaw that allegedly justified the destruction of Ms. Dale's garden has a specific exemption for 'a natural garden that has been deliberately implemented to produce ground cover.' 

The issue is largely optics - some neighbours (and property standards officers) object to native gardens that simply do not look like lawns, or traditional gardens.  To reduce conflict over your native garden, I suggest:

  • Add garden hardware (stepping stones, a birdbath, decorative rocks, trellises, etc.).
  • Discuss the garden with your neighbours, and try to take their concerns into account.
  • Identify your plants.  Use labels to demonstrate that you aren't simply neglecting your property.

Create a buffer strip around the perimeter of your property.  This will frame your native garden, and create a more tended look.

 
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