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Community Memo To: Dennis Welsch, Community Development Director From: Don Munson, Building Official Date: 10-24-2003 Re: Fertilizer Ordinance vs State Regulations 2004 - State Statute restricts the city from regulating fertilizer containing phosphorus. The City can regulate non-phosphorus fertilizer. Since lawn companies are using non-phosphorus fertilizer, we can have an ordinance that regulates them. This is per Mr. Greg Reginbald of the Mn Dept of Agric. - State Statute does not have a date restriction such as Roseville's (Nov15-Apr15). We can keep it but it makes little sense because lawn companies don't fertilize frozen ground. When we do have an early spring and they ask to begin early, we have always said no (to those honest enough to ask - so we punish the honest ones). - The City is the LGA to enforce no fertilizer applications onto impervious surfaces. However, we've never received a complaint and we could do little if a complaint came in. - The 10' City restriction to water can be enforced - for non-phosphorus fertilizers. - There are some exceptions to non-phosphorus fertilizing such as golf courses and with a chemical analysis. - Herbicides are grouped with pesticides and CItIes are restricted from regulating the application of these products (such as more restrictive posting requirements which were suggested from residents). - We could just license commercial applicators and send them the city regulations. I would suggest we drop the fee to $50 if we did that. As for enforcement - we do not have the expertise or the staff to knowledgeably evaluate complaints or to act upon them. Or, we could just drop the ordinance; that would be my recommendation. \\ViCIOlia\CommDev\Permits\Complaints\Memo ]ertilizer _ 03232004doc . Page 1