FloridaTreeHugger

         Many locals remember all too clearly the effects of harmful algal blooms (red tide) in previous years. Last summer Charles Hester, Chairman of Fort Myers Beach’s Marine Resources Task Force (MRTF) and Jim Rodwell, along with other MRTF members, attended a ‘Fertilizer Symposium’ where they learned about the linkage between red tide and nitrogen, and of the excess of nitrogen in the Gulf. The two began discussing the responsibilities each community has to preventing their own runoff from adding to the problem.

“The attitude that we took was, ‘if we can’t clean up our own backyard, what business do we have complaining about Big Sugar’,” said Hester. “We saw that Lee County had an ordinance banning these types of fertilizers, as did Naples, and that Sanibel and Bonita Springs were working on one. So we began crafting our own by spring boarding off the language in the other ordinances.” Hester added that Rodwell, with his experience as a natural gardener, was the ‘mastermind.”

Charles told me that the resulting legislation was approved by the Local Planning Agency July 14^th, and sent to Community Development Director Jerry Murphy before presentation to Town Council.

“The ordinance bans nitrogen and phosphorous containing fertilizers only during rainy season,” Hester said. “And it doesn’t apply to vegetable gardens or organic fertilizers.”

I obtained a copy of the ordinance from Jerry Murphy, and we listed some of the highlights below:

Fertilizers containing nitrogen and/or phosphorus must not be applied to Turf and/or Landscape Plants during the rainy season (June 1 – September 30), except as provided.

Fertilizer applied to Turf and/or Landscape Plants within the Town must contain no more than 20% total nitrogen, with no less than 50% total nitrogen content as Slow Release Nitrogen per guaranteed analysis

Fertilizers should be applied to Turf and/or Landscape Plants at the lowest rate necessary without exceeding the maximum weight per application.  Fertilizer must not be applied at a rate greater than one pound of total nitrogen per 1,000 square feet per application.  No more than four pounds of total nitrogen per 1,000 square feet may be applied to any Turf/Landscape area in any calendar year. 

While single fertilizer applications in the fall and spring will often suffice, fertilizers must not be applied more than four times during any one calendar year to a single area.

Fertilizer must not be applied, spilled or otherwise deposited on any impervious surfaces.  Any fertilizer applied, spilled or deposited on any impervious surface must be immediately and completely removed.  Fertilizer released on an impervious surface must be immediately contained and either legally applied to Turf or any other legal site, or returned to the original or other appropriate container.

Fertilizer must not be applied within three feet of any water body or any designated wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340). Option: not greater than six (6) feet.

The Town will provide an educational outreach program for education that may include “Dear Neighbor” mailings and workshops on the Florida Yards and Neighborhoods program.

The ordinance provides exemptions – which vary in degree depending on which exemption  - for new turf, damaged turf, vegetable gardens, yard waste compost and reclaimed water used for irrigation. It also establishes a program for certification for commercial applicators and an avenue to apply for administrative relief.

Though the ordinance will become effective immediately upon adoption, no enforcement will be pursued until it has been in effect for six months, thus giving residents time to familiarize themselves with the provisions of the Ordinance.

Mr. Murphy said that the above “is subject to change following staff and legal review in advance of being introduced to the Town Council.  The introduction date has not been scheduled at this time.  Following introduction, should the Town Council decide to adopt the ordinance they must hold at least one public hearing prior to such adoption.”

The ordinance could go before council as soon as their next meeting in August. I spoke with Councilwoman Jo List, and she told me why she thinks it is a good idea.

“Over a year ago, I was invited to a Florida Yards and Neighborhoods class by Jim and Dorothy Rodwell,” she said. “During the class, the effects of these fertilizers became clear to us as we have seen the horrible effects through the years on our Gulf and Bay. Jim talked about an ordinance then.” Jo told me that, due to a personal interest, she paid attention to the progress that was being made on it, though she has not seen it and has never worked on it.

“I believe it is time we understood that we live in Florida and not the Northeast or some other place, and that the concept of grass is kind of a fleeting thing,” she said. “Think about it – if you have children or grandchildren, and how the water is so sullied now, what do you think it’s going to look like when they grow up? It’s time for people to take much more personal responsibility for our environmental woes. We created this monster, it’s not just one group. All over the world, we just haven’t thought things through for several generations. Look at plastics, we thought they were great and it turned out there are so many things that are bad. The same with fertilizers.” Ms. List went on to say that she thinks we have a chance to set a good example with this legislation.

“’Think Globally and Act Locally’ sounds like a trite phrase, but truly, if we take care of everything we’re supposed to be doing here, we set a good example, which is always inspiring to others.” Jo explained. “When people see others doing the right thing and having a good impact, it creates a ripple effect up the line. It empowers us to remember that we are the boss of government. If we decide to take responsibility for this at a local level, our elected officials will pick up on it. Dedication, diligence and determination are what is going to change things.”

Councilwoman List said that she’s not sure when the proposed ordinance will go before council, but expects it to be as early as the next meeting in August.

“I’m very proud of the hard work that MRTF has done, and I can’t wait to see it,” she said.

Charles Hester said that once the ordinance goes on the council agenda, it is public record and will be available on the agenda packet at Town Hall.

Keri Hendry - originally published in the Island Sand Paper August 1, 2008