Halton region Master Gardeners

‘Beauty is in the eye of the beholder’, but sometimes there are other forces at play. Municipal bylaws and neighbour complaints can result in conflicts sometimes leading to garden plants being removed and fines levied. Many of us have listened to speakers such as Lorraine Johnson, Douglas Tallamy, or our own Claudette Sims and Catherine Kavassalis (Halton Master Gardeners and founders of CCIPR – Canadian Coalition for Invasive Species Regulation), about the crisis in biodiversity, loss of habitat and the effects of climate change. We are asked to change how we garden, include native plants for critically endangered species and care for our landscapes as though they were part of the natural areas beyond our garden. We’re eager, we’re ready but, we wonder, are we allowed? No one wants to be met with the bylaw officer examining our garden. Perhaps you’re also thinking, “How will my neighbours feel about this type of garden?” Maybe you’re more of the mind that you want to make a statement in spite of these possible roadblocks.

The good news is that things are changing. Municipal bylaws are slowly catching up to the science behind transforming your garden into a biodiverse oasis. Conventional neighbourhoods no longer have only vast expanses of turfgrass. This is in large part to organizations such as Burlington Green, Green Venture (Hamilton), and individuals such as Doreen Nicoll in Burlington (article to left) speaking up and working together with municipal officials to make changes. Hamilton is now a ‘Bee City‘, and resources such as the Hamilton Pollinator Paradise Project and Butterfly Way Hamilton support gardeners as they transition their landscapes. There is even recognition for ecological gardens through The Monarch Awards in the City of Hamilton.

Where Are Municipal Bylaws Now?

Here’s an overview of some of the pertinent bylaws in our local communities. This post focusses on the Cities of Hamilton and Burlington (next, Oakville and Milton) .

I think this bylaw allows for a great variety of gardens within the City of Hamilton. It means that all plants, except those on the noxious weed list, can be included in a garden landscape. Homeowners do, however, need to take care and weed out the undesirable weeds on the list from OMAFRA .

Tamara Reid, Supervisor of Operations and Enforcement for the City of Hamilton, stated in 2018 for the Hamilton Pollinator Paradise Project that:

“…demonstrating intention is key. It is helpful to have even a hand-drawn image of what you are aiming for–what your garden is intended to look like. You can show that to a by-law officer and that helps.”

Tamara Reid, City of Hamilton 2018

Tamara suggests having some visual demarcations like logs or rocks, different heights of grasses or plants, to help guide the eye so that the garden looks planned. Including borders, (i.e. using the same plant repeatedly or using an edging material) helps a garden look purposeful and organized.

Intention is key: Examples in the gallery above include defined pathways, ‘buffer zones’ next to public spaces and low-growing native plants.

In the city of Burlington, the Lot Maintenance Bylaw was updated recently (2019) after several confrontations with bylaw officers visiting homes with naturalized gardens, and after having received complaints from neighbouring properties. The mayor has addressed the updates on her webpage (Mayor Marian Meed Ward). There appears, however, to be some confusion between the mayor’s comments and the new bylaw. Specifically, this quote from the mayor’s webpage:

There are numerous examples across the City of naturalized lawns where no enforcement action is taken due to the manner in which the lawns are carefully grown, maintained and cared for and where a buffer strip is maintained.
The City’s bylaw defines a “buffer strip” as cutting all grass and ground cover within three (3) feet of any adjoining property line. Similar bylaws exist across municipalities within Ontario

Mayor Marianne Meed Ward, City of Burlington, Ontario Canada

However, in the actual by-law it states that a buffer strip is only required on larger properties (greater than 0.4 ha). The wording in the by-law is what residents should follow.

In addition it’s noted that in section 5.1, residents are advised to:

5.1 …maintain the lot on their property free from any nests of bees, wasps, hornets, rodents, vermin, insects or other pests.

Really…bees and insects? Have they not read the news recently? I know people don’t enjoy ‘vermin’, wasps or hornets, although they do exist everywhere and have a purpose in most settings. I’m sure it was just a ‘blanket statement’ from years ago that was overlooked in this recent review. Insects such as bees, are exactly why most of us have begun to include naturalized gardens in our landscapes. I’m sure given time, the wording will be updated.

Read more about Ontario’s endangered bees at Ontario Nature

Here’s a summary of Burlington’s by-law.

Here’s an infographic I created that may be helpful to you in transforming your landscape to a naturalized garden that will add biodiversity and habitat. It includes 8 basic principles to guide gardeners.

1. Add structure with woody trees & shrubs, native of course! Choose a variety of native perennials, planting in large groupings, drifts and masses.
2. Create a sitting area with chairs, log bench or boulders.
3. Use repetition to build unity, bringing the space together. This can include species, colours or shapes.
4. Create a ‘buffer’ zone near public areas, like sidewalks and neighbours. Low-growing plants or a strip of turf grass can be effective choices. Keep the height under 2’ for ornamental plants and under 8″ for turf, to ensure clear sightlines for safety. Don’t use ‘flopping’ plants.
5. Add a sign (or signs) to show your garden has a purpose.
6. Add ornaments, logs, rocks, sculptures – be creative.
7. Choose plants with seasonal interest. Colour for fall, berries or bark for winter, and blossoms in spring. Be sure to include some evergreens and grasses for winter.
8. Add pathways—it will help with maintenance and gives the garden shape.