MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS

Size: px
Start display at page:

Download "MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS"

Transcription

1 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS 2401 S.E. MONTEREY ROAD STUART, FL DOUG SMITH Commissioner, District 1 September 3, 2014 Telephone: (772) Fax: (772) sheard@martin.fl.us ED FIELDING Commissioner, District 2 ANNE SCOTT Commissioner, District 3 SARAH HEARD Commissioner, District 4 JOHN HADDOX Commissioner, District 5 Weldon Collier Program Planning Coordinator, Division of Agricultural Environmental Services Florida Department of Agriculture and Consumer Services 3125 Conner Boulevard Suite E, Room 136 Tallahassee, FL weldon.collier@freshfromflorida.com Re: Comment Submission: Proposed Changes to 5E / Urban Turf Rule Dear Mr. Collier: TARYN KRYZDA, CPM County Administrator MICHAEL D. DURHAM County Attorney Please find below a list of comments regarding and proposals for modifications to the proposed Urban Turf Rule 5E-1.003: Labels or Tags, F.A.C. published in the Florida Administrative Register on August 13/August 20. These comments and proposals are hereby submitted for consideration by the agency and to be made a part of the record of the rulemaking proceeding. The Martin County BCC adopted an ordinance in 2011 regulating the use of fertilizer. The ordinance was adopted to reduce the amount of harmful nutrients entering local water bodies, a crucial step towards improving and maintaining water and habitat quality. Fertilizers containing nitrogen and/or phosphorus cannot be used on turf, sod, lawns or landscape plants during the period of the ban, which extends during the four-month rainy season (June 1-September 30). The ordinance applies to anyone - personal or professional - landscaping in unincorporated Martin County. It does provide exemptions for agriculture, golf courses, and specialized turf, such as athletic fields. The ordinance requires the registration and training of both professional landscapers and institutional landscapers, and sets best-management landscape and fertilizer practices. Fertilizer use is also prohibited within 10 feet of water bodies, including wetlands, and seawalls. And, if you use a fertilizer spreader, you are required to have a deflector shield to prevent nutrient spread into water body buffers and impervious surfaces. Vegetative material, including grass clippings, cannot be washed, swept, or blown into stormwater flow-ways, waterbodies or impervious areas. TELEPHONE WEB ADDRESS The BCC opposes preemption of county authority to regulate the use and application of fertilizer. The BCC supports enhanced statewide promotion of the Florida Green Industries Best Management Practices as a basic level of water quality protection,

2 with more stringent protection available for specific water bodies in need. The BOCC further supports legislation that would allow counties to develop regional approaches to fertilizer, nutrients, and other water quality issues that take into account particular local concerns relating to geology and hydrology. The fertilizer ordinance was approved as part of the BCC s ongoing effort to improve water quality in our coastal areas. Water quality regulation is currently in flux, trending toward more stringent criteria to protect local water bodies. A local fertilizer ordinance allows a growing number of local governments to utilize additional policy tools to improve water quality at a local level, thereby mitigating the risk of not meeting water quality standards. Preemptions may result in a negative fiscal impact due to increased cost of compliance with nutrient criteria. In support of home rule, Martin County submits the following specific comments regarding the rule, which could impact Martin County s current ordinance as well as future amendments to the current ordinance currently being drafted as directed by the Board: Regarding (2) (a) Definitions 8. Actively Growing Turf Adopting and incorporating ENH 10 Mowing Your Florida Lawn by reference into the rule is a clear overreach; there is no legislative authority regarding how often grass should/must be mowed. The proposed definition of actively growing turf is arbitrary: The definition depends on circular reasoning: If, as stated in ENH 10, lawn growth rate associated with seasonal changes is subject to modification by lawn management practices involving fertilization and watering, then it is reasonable to infer that fertilization and watering will result in a need for more frequent mowing. Since mowing frequency is the determinant for fertilizer application in the proposed rule, this means applying fertilizer will result in a longer period of time during which N can be applied per the definition. There is no rationale offered in ENH 10 for a one-size-fits-all mowing frequency to determine whether grass is actively growing or not since different species and cultivars grow in different patterns and at different rates. Cutting height and frequency are dependent on multiple factors, one of which is based purely on subjective aesthetic preference. The proposed definition ignores whether mowing has positive or negative effects on turf or the environment. ENH 10 states: Mowing also greatly influences rooting depth, with development of a deeper root system in response to higher mowing heights. Advantages of the deeper root system are greater tolerances to drought, insects, disease, nematodes, temperature stress, poor soil conditions, nutrient deficiencies, and traffic. If this is

3 correct, not mowing, or mowing less frequently, should be best for both since the root zone would be deepest in that instance. The frequency of mowing varies markedly with the height at which grass is mowed in the first place. If we assume that the blade length of grass increases at an approximately steady rate, then the length of time for the grass blade to grow by 50% will vary widely depending on what is set as the height at which it should be mowed. In addition, requiring label readers to go online to access any definition is onerous and more complicated than is necessary. Martin County does not propose an alternate definition for actively growing turf. The layperson will more readily understand and follow directions related to an avoidance of applying fertilizer to dormant turf. Martin County proposes the addition of a straightforward definition of dormant turf. Regarding (2) (b) Labeling Requirements. 1. b.: Zero-P should be the standard application rate with exceptions (up to 0.25 lbs. P 2 O 5 /1000 sq. ft. per application and not to exceed 0.50 lbs. P 2 O 5 /1000 sq. ft. per year) based on an annual soil sample. Martin County proposes the following: Add a second sentence after Specialty Fertilizer products labeled for use on urban turf or lawns shall be no phosphate or low phosphate. The new sentence should read: P application should be limited to soils that require additional P based on soil or tissue testing. Support for this proposal is found in the following: Scotts Miracle-Gro makes a compelling argument to go to zero Phosphorus: FDEP Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries (GI BMP Manual) P 31: P fertilization should always be based on reliable soil or tissue test recommendations. P 39: P application should be limited to soils that require additional P based on soil or tissue testing. Regarding: Annual Fertilization Guidelines for Established Turfgrass Lawns in Three Regions of Florida / Nitrogen Recommendations

4 It is of the utmost importance to avoid including label language that directly conflicts with existing law; the table in its current draft directly contradicts existing law in ten Florida counties and eighty Florida municipalities. It is possible to modify the existing table to address the use of higher percentage Water Insoluble Nitrogen without creating this conflict. Martin County proposes the following: Annual Fertilization guidelines for established turfgrass lawns in three regions of Florida Nitrogen Recommendations (lbs. N per 1000 sq. ft./year)ᵗ* Never Apply to Dormant Turf Species North Central South Bahia grass Bermuda grass Centipede grass St. Augustine grass Zoysiagrass Not more than 1 lb. total nitrogen per 1000 sq. ft. may be applied per application with the following exceptions: North Region: Application is prohibited during the winter. Up to 2 lbs. of total nitrogen may be applied per application during the spring only if the total amount of readily available nitrogen applied is less than.7 lbs. per 1000 sq. ft. Central Region: Up to 2 lbs. of total nitrogen may be applied per application during the spring only if the total amount of readily available nitrogen applied is less than.7 lbs. per 1000 sq. ft. South Region: Up to 2 lbs. of total nitrogen may be applied per application during the spring only if the total amount of readily available nitrogen applied is less than.7 lbs. per 1000 sq. ft. ᵗLocal urban fertilizer management ordinances may restrict N content, application rate, application timing, and/or fertilizer-free zones; please seek additional information. *North Florida is north of Ocala. Central Florida is defined as south of Ocala to a line extending from Vero Beach to Tampa. South Florida includes the remaining southern portion of the state. The above proposed table is closer to the size and look of the table on the existing label. We excluded the mention of summer to reduce the conflict with the local ordinances and to avoid the application of 2 lbs. N at the end of the summer in any and all regions. The additional language is necessary so label readers understand that even with an increased application rate of 2 lbs. per 1000 sq. ft., the readily available nitrogen must be held to.7 lbs. per 1000 sq. ft. at any one time, as the rule will require.

5 Support for the above proposal is found in the following: Blackout Test, 2009 by UF-IFAS researcher Dr. John L. Cisar 0Studies%20Report%20May_1_2012.pdf (Pages 74-91) FDEP-IFAS FYN Handbooks have been recommending avoidance of Nitrogen application during the summer rainy months for 20 years Edition: Florida Yardstick Checklist: Use iron instead of nitrogen to make your lawn green during the summer. Editions 2003 P 56, 2006 P 53: to prevent pollution In the summer when turf is actively growing, apply an iron source instead of a nitrogen fertilizer to green the lawn up without increasing growth Edition The Florida Yards & Neighborhoods Handbook P 24: Preventing Pollution Apply an iron source instead of a nitrogen fertilizer. To green the lawn without increasing growth in the summer, use chelated iron or iron sulfate FYN Yard Certification Checklist: Items to Qualify for a Florida Friendly Yard include: If a lawn is present, iron is used instead of nitrogen to green-up the lawn in the summer rainy season FDEP Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries (GI BMP Manual) P 39: BMPS FOR TURFGRASS AND LANDSCAPE FERTILIZATION: Use Fe and/or Mn instead of N to enhance turfgrass color on soils having a ph greater than 7.0, especially during times of enhanced rainfall. General Recommendations for Fertilization of Turfgrasses on Florida Soils SL 21 P 4: Many times turfgrasses, such as Centipedegrass, Bahiagrass and St. Augustinegrass, turn yellow during the summer due to lack of N fertilizer. However, fertilization with N in the summer is not always desirable since this often encourages disease and insect problems. Many times the addition of iron (Fe) to these grasses provides the desirable dark green color, but does not stimulate excessive grass growth which follows N fertilization. Frequently Asked Questions about Florida-Friendly Landscaping ENH 1113 Jan

6 P 2: Question 3: What are the best ways to prevent water pollution? Bullet #5 Apply an iron source instead of additional fertilizer in the summer to keep grass green without increasing growth. You will find at the end of this comment letter a list of the local governments covered by urban fertilizer management ordinances which include some type of ban on N and P application during the months of June, July, August, and/or September. It is imperative that FDACS proposed modifications to the rule not impede the implementation or enforcement of local ordinances adopted in conformity with and F.S. Regarding (2) (c) 2. The basis for the 0.7 lbs. of readily available nitrogen, per 1000 sq. ft. per application standard, the PNOC memorandum and associated materials is weak. The failure of the listed research results to include even one mass balance study is extraordinary. K. Ramesh Reddy s comment, A simple mass balance will be very useful in supporting revised recommendations points to the key issue; non-mass balance study research findings that account for only 20 to 30% of the nitrogen applied cannot legitimately serve as the basis for changing the 2006 interim recommendation of 0.7 lbs. of readily available nitrogen, per 1000 sq. ft. into a fully substantiated recommendation. Until mass balance studies are done in each of the three regions of the state there is no reason to remove the interim qualifier and there is every reason to follow the FDEP s recommendation of 0.5 lbs. of readily available nitrogen, per 1000 sq. ft. that is based on water quality protection (rather than turf quality). Martin County proposes the following: Add a second sentence after Nitrogen shall not be applied at an application rate greater than 0.7 lbs. of readily available nitrogen, per 1000 sq. ft. at any one time based on the soluble fraction of formulated fertilizer. The new sentence should read: The Florida Department of Environmental Protection (FDEP) recommends that no more than 0.5 pounds of water-soluble N per 1,000 square feet be applied in a normal application. This language comes directly from the 2008 Florida Friendly Best Management Practices for Protection of Water Resources by the Green Industries (GI BMP Manual) P 29: Nitrogen Rate and Frequency: To limit the environmental impact of your fertilization program, it is recommended that no more than 0.5 pounds of water-soluble N per 1,000 square feet be applied in a normal application. Additional support for this proposal is found in the following:

7 For over 20 years FDEP/IFAS FYN Handbooks have recommended the use of higher percentage slow release fertilizers. Editions 1994, 1996 P 31: If compost is not available or if you need to fertilize, a basic fertilizer that contains slow-release, water insoluble nitrogen and other essential nutrients is the most environmentally safe and cost-effective alternative Edition P 54: It is generally considered best for homeowners to look for slowrelease fertilizers, or fertilizers that have a high percentage of slow-release nitrogen in them. These products have less potential to leach or runoff into our waterways than quick-release sources Edition P 49: Look for slow-release fertilizers, or fertilizers that have a high percentage of slow-release nitrogen in them. These products have less potential to leach or run off into Florida s waterways than quick-release sources Edition The Florida Yards & Neighborhoods Handbook P 25: Slow and controlled release fertilizers provide nutrients to plant roots over an extended period of time. This allows you to fertilize less frequently and to prevent nutrients from leaving your landscape and entering waterways, contributing to harmful algal blooms and other water quality problems it s a good idea to look for a fertilizer with higher amounts of slow-release nitrogen. P 26: If using a quick release product, apply only up to 0.5 pound of nitrogen per 1000 square feet. General Recommendations for Fertilization of Turfgrasses on Florida Soils SL 21 P 3: In light of potential environmental concerns it is now recommended that no more than one half (0.5) pound of the nitrogen in the application be in the soluble form. Thus in order to make an application of 1 pound of actual nitrogen per 1000 square feet of turfgrass you would need to use a blended fertilizer product containing no more that 50% of the total N in soluble form with the rest of the nitrogen originating from a slow-release N source. P 4: To avoid burn, never apply fertilizer at greater than the recommended rate of 0.5 pounds of soluble N per 1000 square foot per application. Regarding (2) (c) 3. Martin County proposes the deletion of or summer in the following sentence: Not more than 2 lbs. of total nitrogen per 1000 sq. ft. per application may be applied during the spring or summer.

8 It is of the utmost importance to avoid including label language that directly conflicts with existing law; the table in its current draft directly contradicts existing law in ten Florida counties and eighty Florida municipalities. We deleted or summer to reduce the conflict with the local ordinances and to avoid the application of 2 lbs. N at the end of the summer in any and all regions. It is imperative that FDACS proposed modifications to the rule not impede the implementation or enforcement of local ordinances adopted in conformity with and F.S. Regarding (2) (d) Martin County proposes the following addition to the sentence: Do not apply within 10 feet of any water body, near water storm drains or drainage ditches. Support for this proposal is found in the following: The 2010 FDEP Model Ordinance includes a recommended (voluntary) 10-foot lowmaintenance zone which makes it very clear that a full 10 feet of fertilizer-free zone is encouraged by FDEP. Since 2006, FDEP/IFAS Florida Yards and Neighborhoods (FYN) Handbooks recommended a 10-foot fertilizer-free zone: have 2006 Edition P101: To protect a freshwater resource from nutrient and pesticide runoff, designate a maintenance-free zone of at least 10 feet between your lawn or landscape and the water body Edition The Florida Yards & Neighborhoods Handbook P 24: Preventing Pollution: Never fertilize within 10 feet of any water body FYN Yard Certification Checklist: Items to Qualify for a Florida Friendly Yard include: If property is located on a waterfront, a no fertilizer, no pesticide zone of responsibility of at least 10 feet has been established with low maintenance lawngrass or plants. South Florida Water Management District Florida-Friendly Landscaping: How to Save Water through Water-Smart Planting nts.pdf Protect the Waterfront. Waterfront owners can help protect these fragile natural treasures by removing invasive aquatic plants and establishing a foot no fertilizer, no pesticide zone along their shoreline.

9 Please find below a list of the local governments covered by urban fertilizer management ordinances that restrict fertilizer content, application rate, application timing, and/or fertilizerfree zones. It is imperative that FDACS proposed modifications to the rule not impede the implementation or enforcement of local ordinances adopted in conformity with and F.S. Sarasota County City of Sarasota Northport Venice Longboat Key* Lee County City of Sanibel City of Fort Myers Fort Myers Beach Bonita Springs City of Cape Coral Pinellas County Bellaire Bellaire Beach Bellaire Bluffs Bellaire Shore Clearwater Dunedin Gulfport Indian Rocks Beach Indian Shores Kenneth City Largo Madeira Beach North Redington Beach Oldsmar Pinellas Park Redington Beach Safety Harbor St. Pete Beach St. Petersburg Seminole South Pasadena Tarpon Springs Treasure Island Manatee County Bradenton Bradenton Beach City of Anna Maria Holmes Beach Palmetto Longboat Key* Charlotte County Punta Gorda Martin County Sewall s Point Stuart Ocean Breeze Indian River County Indian River Shores Vero Beach Orchid Sebastian St. Lucie County Port St. Lucie St. Lucie Village Fort Pierce Brevard County Rockledge Satellite Beach Melbourne Village Titusville Cocoa Beach Cocoa Cape Canaveral Grant-Valkaria Indian Harbour Beach Malabar Indialantic Palm Bay Palm Shores West Melbourne Melbourne Beach Volusia County Daytona Beach New Smyrna Beach Ormond Beach Orange City Lake Helen DeLand Port Orange Holly Hill South Daytona Daytona Beach Shores Ponce Inlet Edgewater Oak Hill Pierson Orange County City of Tampa (in Hillsborough County) City of Naples (in Collier County) City of Montverde (in Lake County)

10 *Longboat Key is in both Manatee and Sarasota counties The above comments and proposals are hereby submitted for consideration by the agency and to be made a part of the record of the rulemaking proceeding. Thank you for the opportunity to submit comments. Sincerely, Sarah Heard, Chair Martin County Board of County Commissioners SH/kp C: Honorable Members of the Martin County Board of County Commissioners Taryn Kryzda, County Administrator adm2014l448.docx