Naturalized garden or just unkempt?

ELORA – Beauty might be in the eye of the beholder, but bylaws should be clear, defensible and support overarching municipal purposes.

Centre Wellington’s bylaw and licensing supervisor Satnam Chauhan told council on July 13 it would be wise for the township to update its Property Standards and Clean Yards bylaws. 

Chauhan mentioned a court case in Mississauga involving a homeowner with a naturalized garden that the city claimed violated its property standards.

He said many people want naturalized gardens to attract pollinators and for other environmental motivations. 

But there’s a difference between tall weeds and tall flowers and there has to be a balance between individual rights and freedom of expression and the legitimate health and safety concerns of the municipality, he added.

“Municipalities should be prepared to demonstrate that such provisions are tied to legitimate municipal objectives and are drafted in a proportionate and supportable manner,” Chauhan stated in his report to council. 

“In practical terms, the [Mississauga court] decision suggests that vegetation-control provisions should be based on identifiable municipal purposes such as safety, fire prevention, drainage protection, pest control, sight line preservation and nuisance abatement, rather than primarily on appearance-based considerations.”

The updated versions of the Centre Wellington bylaws eliminate overlap between the two, define a naturalized garden, limit the height of weeds to eight inches, and spells out the reasons behind the bylaw, namely safety.

Chauhan said 11 per cent of complaints received by the bylaw department have to do with overgrown yards.

He said the township’s approach is to educate before issuing tickets.

“We hope for compliance first,” he said.

Council approved the bylaw amendments.