Baltimore City Council
File #: 24-0506    Version: 0 Name: Managed Natural Landscapes
Type: Ordinance Status: In Committee
File created: 4/8/2024 In control: Economic and Community Development
On agenda: Final action:
Enactment #:
Title: Managed Natural Landscapes For the purpose of permitting certain plants and grasses to exceed 8 inches in height under certain circumstances; requiring the promulgation of certain regulations; defining certain terms; and generally relating to managed natural landscapes.
Sponsors: Mark Conway, Kristerfer Burnett, Sharon Green Middleton, Ryan Dorsey, James Torrence
Indexes: Natural Landscapes
Attachments: 1. 24-0506~1st Reader, 2. LAW CCB 24-0506, 3. Finance 24-0506, 4. BCHD 24-0506, 5. BCRP 24-0506, 6. DHCD 24-0506, 7. HABC 24-0506, 8. DPW - 24-0506, 9. 24-0507~Attendance Record, 10. Blue Water Baltimore Testimony 24-0506, 11. Hearing Notes 24-0506 ECD, 12. 24-0506~Hearing Packet

Explanation: Capitals indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * Warning: This is an unofficial, introductory copy of the bill.

                     The official copy considered by the City Council is the first reader copy.

 

                     Introductory*

 

                     City of Baltimore

                     Council Bill          

                                                                                                                                                           

Introduced by: Councilmember Conway

                                                                                                                                                           

 

                     A Bill Entitled

 

An Ordinance concerning

title

Managed Natural Landscapes

For the purpose of permitting certain plants and grasses to exceed 8 inches in height under certain circumstances; requiring the promulgation of certain regulations; defining certain terms; and generally relating to managed natural landscapes.

body

 

By repealing and re-ordaining, with amendments,

Article - Building, Fire, and Related Codes

Section 2-103 (IPMC § 305.2.1)

Baltimore City Revised Code

(Edition 2000)

 

By repealing and re-ordaining, with amendments,

Article - Health

Section 5-702

Baltimore City Revised Code

(Edition 2000)

 

By renumbering

Article - Health

Sections 5-703 to 5-705

to be

New sections 5-704 to 5-706

Baltimore City Revised Code

(Edition 2000)

 

By adding

Article - Health

New section 5-703

Baltimore City Revised Code

(Edition 2000)

 

Section 1.  Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:

 

                     Baltimore City Revised Code

 

                     Article - Health

 

Title 5.  Nuisance Control

 

Subtitle 7.  Weeds

 

§ 5-702.  Cutting grass, weeds, etc., required.

 

[No] Except as provided for in § 5-703 {“Managed natural landscapes”} of this subtitle, no person in charge of any land may allow:

 

(1)                     any grass, weeds, or other rank vegetation on that land to reach a height of

8 inches or more; or

 

(2)                     any grass, weeds, or other rank vegetation on an abutting sidewalk, gutter,

or alley to reach a height of 4 inches or more.

 

§ 5-703.  Managed natural landscapes.

 

(a)                     Definitions.

 

(1)                     In general.

 

In this section, the following words have the meanings indicated.

 

(2)                     Managed natural landscape.

 

“Managed natural landscape” means a planned, intentional, and maintained planting of native or non-native grasses, wildflowers, forbs, ferns, shrubs, or trees, including rain gardens, meadow vegetation, and ornamental plants.

 

(3)                     Meadow vegetation.

 

(i) In general.

 

“Meadow vegetation” means grasses and flowering broadleaf plants:

 

(A)  that are native to or adapted to the State of Maryland; and

 

(B)  that are commonly found in meadow plant communities.

 

(ii)                     Exclusion.

 

“Meadow vegetation does not include noxious weeds.

 

(4)                     Noxious weed.

 

(i)                     In general.

 

“Noxious weed” means an annual, biennial, or perennial plant that the

Health Commissioner designates to be injurious to public health, the environment, public roads, crops, livestock, or other property.

 

(ii)                     Inclusions.

 

“Noxious weed” includes:

 

(A)  ragweed;

 

(B)  wild mustard;

 

(C)  wild lettuce;

 

(D)  wild parsley;

 

(E)  common thistle; and

 

(F)  poison ivy.

 

(5)                     Ornamental plants.

 

“Ornamental plants” means grasses, perennials, annuals, and ground covers purposefully planted for aesthetic reasons.

 

(6)                     Rain garden.

 

“Rain garden” means a native plant garden that is designed:

 

(i)                     to reduce the amount of stormwater and accompanying pollutants from entering any local watershed or outflow point, including:

 

(A) a reservoir;

 

(B) a bog; and

 

(C) the ocean; and

 

(ii)                     to aesthetically improve real property.

 

(7)                     Turf grass lawn.

 

(i)                     In general.

 

“Turf grass lawn” means a planted area comprised mostly of grasses commonly used in regularly cut lawns or play areas, intended to be maintained at a height of no more than 8 inches.

 

(ii)                     Inclusions.

 

“Turf grass lawn” includes a planted area described in subparagraph (i) of this paragraph that is comprised mostly of:

 

(A)  bluegrass blends;

 

(B) fescue blends; and

 

(C) ryegrass blends.

 

(b)                     Requirements.

 

(1)                     In general.

 

A managed natural landscape may include plants and grasses in excess of 8 inches in height.

 

(2)                     Exclusions.

 

A managed natural landscape:

 

(i)                     may not include noxious weeds;

 

(ii)                     must be maintained to exclude unintended vegetation;

 

(iii) may not include any plantings which, due to location and manner

of growth:

 

(A)  constitute a hazard to the public; or

 

(B)  may cause injury or damage to persons or property where

such growth is in violation of the City Building, Fire, and Related Codes Article; and

 

(iv)  may not include a turf-grass lawn left unattended for the purpose

  of returning to a natural state.

 

(c)                     Rules and regulations.

 

Subject to Title 4 {“Administrative Procedure Act - Regulations”} of the City General Provisions Article, the Health Commissioner, in collaboration with the Department of Housing and Community Development, shall adopt and enforce rules and regulations to carry out this section.                                                               

 

Article - Building, Fire, and Related Codes

 

Part VII.  International Property Maintenance Code

 

Section 305 Exterior Sanitary Maintenance - General

 

305.2 Grass and Weeds

 

305.2.1 “Weeds” defined.  In this section, “weeds” includes all plants and vegetation

other than:

 

1. trees or shrubs, [or]

 

2. cultivated flowers and [gardens.] gardens, or

 

3.  a managed natural landscape, as described in City Health Article

     § 5-703 {“Managed natural landscapes”}.

 

Section 2.  And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.