Tantramar council has approved a motion asking staff to come up with a draft bylaw “to regulate tall grass or vegetative growth within Tantramar.”
Councillor Matt Estabrooks brought the motion forward in response to concerns he has heard from residents about possible fire hazards of long, dried grass near buildings, issues with long grass providing habitat for rodents, and the effect of unkept lawns on neighbouring property values.
In a slide presentation to council on Monday, Estabrooks said the Local Government Act’s dangerous or unsightly provisions do not cover lawns, and cited some other municipalities with lawn bylaws including Moncton, Riverview and Dieppe. Estabrooks said the intention of the new bylaw would be properties inside residential zones, “not farmer’s fields, or woodlands and fields without housing on the outskirts of our communities.”
Estabrooks also said he is “not necessarily convinced that a length measurement of grasses on residential lawns is a necessary component of this bylaw.”
“I feel discretion is critical in this area of the bylaw,” said Estabrooks. “I’m sure staff will determine how to quantify ‘unkept’ when or if they’re in research stage for us.”
Both Moncton and Riverview have bylaws that establish lawn height limits, but Dieppe recently amended its bylaw to remove a 20 cm height restriction, noting that Canadian case law suggests that “aesthetic criteria for lawn maintenance are arbitrary and unconstitutional.”
Dieppe says it is no longer regulating the maximum height of vegetation on private property, but property owners will have to remove harmful, toxic or dangerous plants; comply with directives by the city’s fire or environment departments; and make sure growth doesn’t block traffic, visibility, signs and street lighting.
In 2018, the former Sackville town council refused to pursue a lawn bylaw after hearing a report from then-manager of corporate projects Jamie Burke on the pros and cons. Burke’s report came in response to a call for a bylaw from Councillor Joyce O’Neill.
Local reporter Bruce Wark documented the discussion, and reported that the town’s bylaw officer had in 2018 issued a warning to a resident with a wildflower-filled lawn under Sackville’s bylaw 209. The Maintenance and Occupancy Standards for Residential Properties bylaw relies on provincial regulation 84-86, which currently requires homeowners to make sure their yards are “free of rag weed, poison ivy, poison sumac and other noxious plants,” but does not mention grass length. The bylaw is still on the books in Tantramar, applicable within former town of Sackville boundaries.
Before Estabrooks’ motion passed unanimously on Monday, he listed some of the considerations he’d like to see included in a draft bylaw.
Estabrooks said he’d like to see a definition of ‘unkept’ that considers certain circumstances such as, ”long grasses up against structures or property lines/fences with no fire break.”
He’d like to see the removal of noxious or invasive plants included, as well as the ability to pause enforcement “to allow for initiatives such as No Mow May or others,” said Estabrooks.
“Discretion for enforcement is critical,” said Estabrooks. “Natural gardens are a must for our ecosystem, and are encouraged. The intention is to mitigate properties which are completely unkept, and therefore present safety concerns.”
Town staff are now expected to bring a draft bylaw “to regulate tall grass or vegetative growth within Tantramar” to a future meeting of council’s committee of the whole.
