MEMORANDUM

TO:        Cities and Towns in the Clearwater River Watershed District

FROM:    Board of Managers for the Clearwater River Watershed District

RE:         Ordinance Regulating the Application of Phosphorous Fertilizers

DATE:     December 2, 2002

In the 2002 session of the Minnesota State Legislature, Minn. Stat. Chapter 18C was amended to include the regulation of phosphorous content in fertilizers applied within the State.  As amended, the current law prohibits the application of fertilizers containing phosphorus within the metropolitan counties and limits to 3% by weight (for solids) or 0.3 pound per 1,000 sq. ft. (for liquids) of phosphate the fertilizers applied in the rest of the State.  Local units of government outside the metropolitan area, which include cities and towns in the Clearwater River Watershed District, may adopt the prohibition set for local units of government in metropolitan counties.  If they choose to do so, they must notify the Commissioner of Agriculture within 30 days of adopting the more restrictive standard.  Certain activities are exempt, including applications to new lawns during the first growing season (though must not exceed rates recommended by the University of Minnesota and approved by the commissioner), and fertilizer in approved amounts applied to golf courses by a licensed applicator approved by the commissioner.  Violation of the application standard set by the local unit of government would constitute a petty misdemeanor.

Attached is a sample ordinance providing for the regulation of fertilizer application in your unit of government.  The Clearwater River Watershed District has undertaken numerous projects to improve the water quality in the Clearwater River Chain of Lakes and has many years of monitoring data.  The data shows that phosphorus contained in storm water runoff from lawns using fertilizers containing phosphorous is a significant threat to water quality.  If each local unit of government would adopt the attached ordinance, the effect would be to significantly reduce the runoff of phosphorous and improve the overall water quality.  It is important, however, that all local units of government cooperate in this effort.

Please consider adoption of the attached ordinance in your community.   If you have any questions, please feel free to contact the Clearwater River Watershed District at your convenience.

Ordinance #__________

AN ORDINANCE ESTABLISHING REGULATIONS FOR FERTILIZER APPLICATION IN THE CITY/TOWN OF ________________________________

The City Council/Town Board of Supervisors for the City/Town of ________________, Minnesota ordains as follows:

Section 100.  Purpose.  The City/Town has reviewed existing data to determine the current and projected water quality of various lakes within its community.  The data indicates that lake water quality may be maintained and improved if the City/Town is able to regulate the amount of lawn fertilizer and other chemicals entering the lakes as a result of storm water runoff or other causes.  The purpose of this Ordinance is to establish regulations that will aid the City/Town in protecting its water resources that are enjoyed by its residents and other users.

Section 200.  Definitions and Interpretations.  Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions.  The singular shall include the plural and the plural shall include the singular.  The masculine shall include the feminine and neuter, and vice-versa.  The term "shall" means mandatory and the term "may" means permissive.  The following terms shall have the definitions given to them:

Subd. 1 Fertilizer.  "fertilizer" shall mean any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth.  Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. 

Subd. 2 Turf.  "Turf" shall mean any noncrop land planted in closely mowed, managed grasses including, but not limited to, residential and commercial residential property, private golf courses, and property owned by federal, state, or local units of government, including parks, recreation areas, and public golf courses.  Turf does not mean pasture, hayland, hay, turf grown on turf farms, or any other form of agricultural production.

Subd. 3 Person.  "Person" shall mean any person, firm, corporation, partnership , franchise, commercial or noncommercial applicator of fertilizer, including homeowner or renter.

Subd. 4 Impervious Surface.  “impervious surface” means a highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.

Subd. 5 Commissioner.  “commissioner” shall mean the Commissioner of Agriculture for the State of Minnesota.

Section 300.  Fertilizer Content.  No person shall apply any fertilizer, liquid or granular, to any turf within the City/Town of ______________________ which contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, except as provided in Section 400 herein.

Section 400.  Exemption.  The prohibition against use of fertilizer containing any quantity of phosphorous under Section 300 shall not apply to:

            (a) a tissue, soil, or other test by a laboratory or method approved by the commissioner and performed within the last three years indicates that the levels of available phosphorus in the soil is insufficient to support healthy turf growth; or

            (b) the property owner or an agent of the property owner is first establishing turf via seed or sod procedures, and only during the first growing season; or

            (c) the fertilizer containing the phosphorus is used on a golf course under the direction of a person licensed, certified, or approved by an organization with an ongoing training program approved by the commissioner; or

            (d) the fertilizer containing phosphorus is used on any pasture, hayland, hay, turf grown on turf farms, or any other form of agricultural production; or

            (e) Applications of phosphorous fertilizer authorized under paragraph (a) and (b) above,  must not exceed rates recommended by the University of Minnesota and approved by the commissioner.

Section 500.  Fertilizer Application to an Impervious Surface.  No person shall apply a fertilizer to an impervious surface.  Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container.

Section 600.  Violations and Penalties. 

Subd. 1 Misdemeanor Prosecution.  Violation of this ordinance is a petty misdemeanor. 

Subd. 2 Continued Violation.  Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.

Section 700.   Severability and Savings Clause.  If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance.

Section 800.  Effective Date.  This ordinance shall take effect upon its passage and publication in accordance with law. 

Dated:_________________, 2002. CITY/TOWN OF ________________, MINNESOTA

 By_______________________

     Its Mayor/Chairman

Attest:___________________________

          Its City/Town Clerk