City of Bayfield, WI Chapter 146 Lawns, Natural Plantings, Brush and Weeds

[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992 (§§ 8-1-4 and 8-1-5 of the 1992 Code of Ordinances); amended in its entirety 5-19-2021 by Ord. No. 401.[1] Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Nuisances — See Ch. 289.

Property maintenance — See Ch. 314.

Trees and shrubs — See Ch. 360.

[1] Editor's Note: This ordinance also changed the title of this chapter from "Brush, Grass and Weeds" to "Lawns, Natural Plantings, Brush and Weeds."

§ 146-1 Destruction of noxious weeds.

A. The City Clerk may annually, on or before May 15, issue a public notification that every person is required by law to destroy all noxious weeds on lands in the City which he/she owns, occupies or controls. A joint notice with other towns or municipalities may be utilized.

B. If the owner or occupant shall neglect to destroy any weeds as required by such notice, that shall constitute a violation of this chapter. Violations of this chapter shall be addressed under Chapter 380.

C. As provided for in § 66.0407(2), Wis. Stats., the City shall require that all noxious weeds shall be destroyed prior to the time in which such plants would mature to the bloom or flower state. The growth of noxious weeds in excess of eight inches in height from the ground surface shall be prohibited within the City corporate limits.

(1) Noxious weeds, as defined in this subsection and in Subsection C(3), shall include those noxious weeds and invasive species on the Wisconsin Department of Natural Resources Regulated Invasive Plants list as well as the following: Invasive species rule - NR 40 Wisconsin DNR.

Centaurea Maculosa Lam (spotted knapweed)

Ambrosia trifida (great ragweed)

Convolvulus arvensis (creeping jenny) (field bind weed)

Tragopogon dubius (goat's beard)

Rhus radicans (poison ivy)

Cirsium vulgaries (bull thistle)

Arctium minus (burdock)

Xanthium strumarium (cocklebur)

Amaranthus retroflexus (pigweed)

Chenopodium album (common lambsquarter)

Rumex crispus (curled dock)

Cannabis sativa (hemp)

Plantago lancellata (English plantain)

(2) Noxious grasses, as defined in this section and in § 146-2, shall include but not be limited to the following:

Agrostia alba (redtop)

Poa pratensis (Kentucky blue)

Setaria (foxtail)

§ 146-2 Regulation of length of lawn and grasses.

A. Purpose. This section is adopted due to the unique nature of the problems associated with lawns, grasses and noxious weeds being allowed to grow to excessive length in the City of Bayfield. In addition, this section makes specific provisions for the well-maintained cultivation within the City of Bayfield of beneficial plants and grasses which exceed the height of typical lawn plantings, as a means to capture water runoff, minimize erosion, and increase ecological diversity.

B. Public nuisance declared. The Common Council finds that the unmanaged growth of lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, as classified under Chapter 500, Zoning, of the Code of the City of Bayfield, within the City of Bayfield, and specifically the growth of lawns, grasses and noxious weeds which exceed eight inches in length, adversely affect the public health and safety of the public in that they may harbor debris or trash, lead to rank growth or conditions, and adversely affect the aesthetic quality of the immediate area. For that reason, any nonagricultural lawn, grass or weed on a lot or other parcel of land which exceeds eight inches in length, except for property located in a designated floodplain area and/or wetland area, or as provided herein for natural planting areas, is hereby declared to be a public nuisance.

C. Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection B above to remain on any premises owned or controlled within the City.

D. Inspection. The Weed Commissioner or his designee shall inspect or cause to be inspected all premises and places within the City to determine whether any public nuisance as defined in Subsection B above exists.

E. Abatement of nuisance. If the Weed Commissioner or designee shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, it shall be addressed under Chapter 380.

(1) If the owner considers the area in conformance with the natural planting area as described in § 146-2G, the owner may respond in writing with an explanation of how they are in conformance with the relevant codes.

(2) The weed commissioner or designee may grant a stay of the nuisance determination for one or more years in order to determine if the management plan is eliminating noxious and invasive species and leading to the desired native planting area outcomes.

F. City's option to abate nuisance. In any case where the owner, occupant or person in charge of the property shall fail to cut or otherwise properly maintain his lawn, grass or weeds as set forth above and under the provisions of § 66.0407, Wis. Stats., then, and in that event, the City may elect to cut said lawn, grass or weeds, as follows:

(1) The written notice required in Subsection E shall inform said person that in the event of his failure to abate the nuisance within the prescribed time, the City shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.

(2) The City shall cut or cause to be cut or otherwise abate all grass and weeds exceeding eight inches in height from the subject's property and shall charge the expenses of so doing at a rate as established by resolution by the Common Council. The charges shall be set forth in a statement to the City Clerk who, in turn, shall mail the same to the owner, occupant or person in charge of the subject premises. If said statement is not paid in full within 30 days thereafter, the City Clerk shall enter the charges in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate, or as provided under § 66.0907(3)(f), Wis. Stats.

G. Natural planting areas.

(1) Natural planting areas defined. "Natural planting area" as used in this chapter shall mean the conversion of lawn, current landscaping, or previously unaltered vegetation (e.g., forested woodlot or open field), and the establishment of native or other noninvasive species plantings that will exceed eight inches in height. The purpose of such a natural planting area is to capture runoff generated by impermeable surfaces on or adjacent to the property, reduce erosion, and increase ecological diversity. This does not apply to planting trees, shrubs, or vegetable or perennial flower gardens.

(2) Natural planting areas allowed. A property owner may implement a natural planting area, subject to the following conditions:

(a) Types of plantings.

[1] Plantings may include forbs, grasses, edible plants, shrubs, or trees.

[2] Plantings may be designed as rain gardens with plantings and grading specifically designed to receive and infiltrate rainwater or clear water flows.

[3] Plantings shall be deliberately selected and managed as part of a coherent overall plan.

[4] Overgrowth of conventional turf grasses or weeds shall not constitute a "natural planting area." However, established turf grasses may be converted to a natural planting area based on a plan [per § 146-2G(3)(a)] developed by or consistent with guidance from relevant and credible practitioners and organizations.

[5] No species identified on the Wisconsin Department of Natural Resources Regulated Invasive Plants list (NR40), whether designated as prohibited or restricted, shall be permitted.

(b) Edging. A natural planting area plan should consider including a distinct and clearly defined border. The border may be any combination of mowed grass, fencing of up to three feet in height, or natural materials neatly arranged to create the appearance of an edge to contain the natural planting area.

(c) Plant height at maturity. Plant height shall be maintained at the appropriate maximum height at maturity for the specific species. University of Wisconsin Horticulture, Division of Extension shall be consulted in the event of dispute as to appropriate maximum height.

(d) Location and dimensions of the natural planting area.

[1] Natural planting areas are strictly prohibited within City rights-of-way and street terraces, and shall not be located less than 10 feet from any structure.

[2] A natural planting area should not capture or direct water in a manner that may cause negative impacts to an adjacent property.

[3] The applicant is encouraged to notify the adjacent property owner(s) to minimize potential conflicts that could be associated with the natural planting area.

[4] Natural planting areas shall not obstruct the visibility triangle at intersections, with the visibility triangle incorporating the area within a triangle formed by the intersection of the street right-of-way lines, as illustrated in Figure 146-1.

(3) Application to voluntary registry.

(a) Purpose of application. Property owners are encouraged to participate in the green infrastructure voluntary registry by submitting an application in accordance with the provisions listed below, using the City's application form. The City will keep track of voluntarily registered natural lawn areas so that the positive water quality impacts of these sites can be quantified, and their locations are known to the City in the event of complaints or concerns.

(b) Application contents. The property owner of record may file voluntary registration form for a natural planting area with the Zoning Administrator, which shall include the following information:

[1] A plan, drawn to scale, of the property and all abutting properties, indicating the location of all property boundaries, structures, sidewalks, driveways, and roadways, and the boundaries of the proposed natural planting area. A boundary survey shall not be required; property boundaries and the boundary of the natural planting area may be indicated on an aerial photograph or other suitable base map.

[2] A clear description, illustration, or photograph of the type(s) of edging proposed, including materials, height, and proposed placement.

[3] A planting plan indicating the plant species or seed mix(es) to be implemented.

[4] Identification of any proposed change in grade or excavation required beyond standard excavation and soil replacement for establishing the natural planting area.

[5] Any guidance and/or green infrastructure specialist utilized in development of the planting plan in order to show that appropriate practices are being applied.

[6] In the case of a planting area being located within 10 feet of the property boundary, indicate if adjacent property owner(s) have been notified.

[7] Statement of commitment to ongoing maintenance of the planting area.

(c) Acceptance by the concerns and potential conflicts: Should concerns or potential conflicts arise, including but not limited to the potential for code violations, the Zoning Administrator will communicate these to the property owner for consideration.

(4) Revocation or remediation of natural planting area plan.

(a) The City may at any time request remediation or removal of the natural planting area if the Zoning Administrator finds an ongoing violation of the intent, purpose, or design or adverse impacts to adjacent properties.

(b) Should the Zoning Administrator determine failure to comply with a request under Subsection G(4)(a), a citation may be issued to the property owner per Chapter 27 of this Code.

(c) In the event of an ongoing nuisance, after citation has been issued, the City may enter and abate, in accordance with the provisions of Subsection F above.

(5) Appeals. Any interested person may appeal a decision of the Plan Commission or Zoning Administrator pursuant to this section by filing a written notice of appeal with the City Clerk within 10 days after the decision. Such appeal shall be heard by the Common Council within 30 days after filing the appeal. The Common Council may affirm, amend or reverse the decision or take other action deemed appropriate. In the case of revocation of a natural planting area, appeal timely taken shall suspend the revocation until the Common Council gives its decision. The City Clerk shall give written notice of the time and place of the hearing to the appellant by certified mail or personal § delivery not less than seven days before the hearing.