During the 02/15/2023 Common Council meeting, the first resolution of 2023 was introduced. Resolution 1-R-23, entitled “On The Adoption of Language To Control The Unintended Misuse or and Overuse of Pesticides, Herbicides and Fertilizers or Public Property” was submitted by Alderpersons Israel Del Toro (District 4), Vered Meltzer (District 2), Denise Fenton (District 6), Alex Schultz (District 9), and Nate Wolff (District 12).
The resolution includes a “summary” that states the resolution commits to “educating our community regarding the property use of lawn care chemicals” and that the resolution “reflects the city’s commitment to a cleaner environment and protects the health and well-being of users [of] the public right of way.”
The resolution appears to do more than simply educate, however, and if passed as currently written would essentially ban the use of chemical fertilizers and pesticides on any property within the city that is less than 5 acres in size.
It would specifically ban the application of chemical fertilizers and pesticides “on any property” during any rainy days, during any “potentially rainy weather”, on days where the temperature is above 80 degrees Fahrenheit, and on days when the wind is in excess of 5 miles per hour.
A brief perusal of historical wind speeds for the 54914 zip code within the timeframe of April 1, 2022 through October 31, 2022 reveals that there was not a single day in which the wind was blowing at less than 5 miles per hour. During that same timeframe the year prior, on the single day of July 18, 2021, the wind did drop down to 4.7 mph. Unfortunately, on that day, the temperature reached a high of 83 degrees Fahrenheit which also would have prevented the application of chemical fertilizers and pesticides. In light of the historical wind and temperature data, I believe I can state this not as my opinion but as a simple fact that, if this resolution is passed as written, it will ban the application of chemical fertilizers and pesticides on properties smaller than 5 acres within the City of Appleton.
Beyond that, the resolution would also ban a property owner getting chemical fertilizers and pesticides on the “city-owned public rights-of-way” [this would seem to include sidewalks and terraces] or on neighboring private properties. [I would interpret this to ban any kind of nominal or inadvertent overspray as well as preventing property owners from treating the terraces they are required to maintain with chemical fertilizers or pesticides. It would also seem to ban property owners from treating weeds that grow up in the sidewalk cracks with weed killer.]
The resolution would also ban the application of any lawn care chemicals within 250 feet of any site identified on the Driftwatch, FieldWatch, and BeeCheck state registry.
Any property owner that somehow manages to meet these rules and is able to apply fertilizer or pesticides to their property will be compelled to post signage on their property listing the exact chemicals they treated their land with along with the contact information for local poison control “in case of bystander or pedestrian unintentional exposure”.
A property owner who does not meet the requirements but is experiencing an extreme situation “where manual removal or mowing of noxious weeds as defined by the state of WI has prove to be ineffective” may apply to the city for permission to apply chemical product to their property.
Failure to follow these rules or apply for permission in situations where you don’t meet the rules may result in a fine.
The resolution has been referred to city staff so that it can be analyzed by various departments including Legal Services, Public Works, Parks, Recreation and Facilities Management, and the Public Health. Once it has undergone staff review it will be brought before a committee, most likely the Municipal Services Committee, for a vote before going to the Common Council.
The full text of the resolution reads as follows:
Resolution Summary:
This resolution commits to educating our community regarding the proper use of lawn care chemicals including fertilizer, and pesticides. The resolution takes into consideration that chemicals should be applied with using the explicit guidelines stated by their labels and only under certain conditions. This resolution reflects the city’s commitment to a cleaner environment and protects the health and well-being of users the public right of way.
WHEREAS, the runoff from private application and overuse of chemical fertilizers and lawn care products can enter into our local waterways and negatively impact water quality; and
WHEREAS, the misuse of chemical non-organic lawn treatments causes unintended drift and scatter on city sidewalks and adjacent properties which can be hazardous to the health of our citizen’s, our pet’s and our urban wildlife populations; and
WHEREAS, spray application of chemical fertilizers, herbicides and pesticides are ineffective when applied under certain environmental conditions and may drift by wind dispersal or wash off into our stormwater system; and
WHEREAS, the City of Appleton is committed to good stewardship of our natural ecosystems as evidenced by our standing certifications as a Bird City, Bee City, Monarch City and Tree City USA, and
WHEREAS, the City of Appleton is committed to maintaining a healthy watershed and reducing chemical runoff into our water bodies; and
WHEREAS, the City of Appleton adopted a Health in all Policies ordinance which inherently covers regulations governing public property including city sidewalks, terraces and other public rights-of-way and the misuse of potentially hazardous applications of non-organic controls which may be absorbed or ingested by our citizens and our pets; and
WHEREAS, the Municipal Code of the City of Appleton includes definitions, regulations and means of enforcement of private citizen requirements to maintain safe, open and hazard-free sidewalks; and
WHEREAS, Wisconsin Law offers protection (ATCP 29.50) against overspray and chemical drift of pesticide that protects local and commercial food producers;
LET IT BE RESOLVED that the city is committed to working to educate the public about best use of lawn care chemicals, guidelines and regulations, reporting methods and will include educational information of such on the City website, social media, and in any applicable city mailings and publications; and
BE IT FURTHER RESOLVED, that chemical fertilizers (to include sprays, granular and powder form pesticides (which include herbicides and insecticides) shall not be applied to city-owned public rights-of-way, which is commonly the edge of the sidewalk adjacent to the property owner. These rules and regulations are to apply to all private and public property with areas less than 5 acres; and
BE IT FURTHER RESOLVED, that liquid or aerosolized chemical pesticides and fertilizers applied by private citizens, shall be applied only to their property and should not spread beyond property boundaries into city-owned or privately-owned neighboring properties. Application of lawn-care chemicals must follow the application guidelines stated on the chemical’s label where the “label is the law”; and
BE IT FURTHER RESOLVED, that chemical fertilizers and pesticides shall not be applied on any property during any rainy days (or potentially rainy weather) or on windy days (winds in excess of 5 miles per hour) or at temperatures above 80˚F (the point where these chemicals can become volatilized and ineffective); and
BE IT FURTHER RESOLVED, that any property that uses chemical fertilizers and pesticides, whether personally applied or contracted, shall display visible signage of the exact chemical compounds being applied to their lawns along with contact information for local poison control in case of bystander or pedestrian unintentional exposure, and
BE IT FURTHER RESOLVED, that any lawn care chemical application will not be allowed in areas within 250 ft from any site identified by Driftwatch, FieldWatch and BeeCheck state registry; and
BE IT FURTHER RESOLVED, any application by a private citizen which can be identified as being in violation of these pesticide application guidelines may be subject to the same fines established for violation of existing sidewalk policy, and;
BE IT FURTHER RESOLVED, that in extreme cases where manual removal or mowing of noxious weeds as defined by the state of WI has proven to be ineffective, a permit to spray may be applied for and granted by the city for application of chemical treatments in areas less than 5 acres.”
Resolution #1-R-23: On the Adoption of Language to Control the Unintended Misuse or and Overuse of Pesticides, Herbicides, and Fertilizers of Public Property (introduced by Alderpersons Del Toro, Meltzer, Fenton, Schultz, and Wolff at 02/15/2023 Appleton Common Council meeting)
This is extremely. I do not support this resolution, even though I raise bees and strongly support safe environmental practices.
Feel free to contact the Common Council and give them your feedback. They can be reached here.
The article leaves out that they ban the use of fertilizer (not containing herbicide) even environmentally friendly ones by telling you you can’t apply them before a rain. Most people use the rain to water in. Most also know not to use a heavy rain to do this, but a slow soaking rain. Any bags of fertilizer say the same similar things in terms of water; that they must be watered in within 24 to 48 hours after application. So how “legally” am I to water in a fertilizer so that the plant can absorb the nutrients through it’s roots. Then they go on to say they can fine you for not following the regulations (even though all the bags of fertilizer state you must water them in on the bag). So for following the rules on the bag you will be fined. Folks you see how ridiculous this is. All the new rules stated were not just created “educate you”. They were designed to control anything you apply in your yard to any plant (not just grass and weeds). Have a sick infested tree and apply product your breaking the rules. Have nutrient (fertilizer) you want to add to a garden; you breaking the rules and can be fined for watering it in. Have a serious ant infestation and want to treat anywhere around the yard (can’t do it based on the wording of resolution or you could be fined). This resolution is a joke and this wording was put in there to ban anything you want to apply. I wrote an lengthy email to my alderperson last night going point by point on how these rules effectively ban all use of any product organic or not. Told them to vote no. Anyone contact other media outlets.
I’m not particularly familiar with how to apply fertilizers so I appreciate the additional info. It does further bolster the point that this resolution is not aimed at education but is rather a blanket ban on the application of chemicals to a property owner’s lawn or garden.
I think a lot of people don’t understand how products are applied. If you apply any type of fertilizer they require watering in. The rules targeted application methods literally listed on the product labels on how to correctly apply them. The rules say if under 5 acres you need a permit. We just had a permit closed out on a furnace and ac from a install that is almost 3 years old. That is how far behind the city is. So we are supposed to add another permit layer on top of an already stressed system. Good luck getting a permit for killing a carpenter ant infestation destroying the framing of your home. I wonder how much damage to a home would be done by the time a permit would be granted.
You bring up some good points. I hadn’t even considered how this would effect homeowners trying to deal with insect infestations on the houses or garages.
Lance is correct. This is overreach and completely disregards the rights of tax paying and responsible property owners. This kind of extreme legislation would have to be supported by extreme statistics. Show us the water safety reports that indicate serious issues occurring now.