Agenda 07/09/2019 Item #17B (Fertilizer and Urban Landscaping Ordinance)07/09/2019
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance repealing and replacing Ordinance No. 2011-24, regarding
the Florida Friendly Use of Fertilizer on Urban Landscapes.
OBJECTIVE: To protect water quality with a more stringent Fertilizer and Urban Landscaping
Ordinance.
CONSIDERATIONS: On June 11, 2019, the Board of County Commissioners (Board) unanimously
approved Item 11B, a recommendation to advertise and bring back for a public hearing the proposed
ordinance.
In 2009, the Florida Legislature created Section 403.9337, Florida Statutes, requiring Collier County to
adopt, at a minimum, the State Model Ordinance (Attachment 1) for “Florida -Friendly Fertilizer Use on
Urban Landscapes.” This section allows a local government to adopt more stringent standards if it
demonstrates those standards are necessary to address fertilizer contributions to a water body and has
considered all relevant scientific information, with input from the Florida Department of Environmental
Protection (FDEP), the Department of Agriculture (FDACS), and the University of Florida Institute of
Food and Agricultural Sciences (UF/IFAS). In 2011, Collier County considered an ordinance with more
stringent standards, but received a letter from the Department of Agriculture stating that the version being
considered violated a preemption of the “sale, composition, packaging, labeling, wholesale and retail
distribution, and formulation, including nutrient content level and release rates, of fertilizer” as set forth in
Section 576.181, F.S., which was passed that same year. As a result, the Board adopted the State Model
Ordinance in the form of Ordinance 2011-24.
Ordinance No. 2011-24 was reviewed by staff in 2015. At that time, communication with FDACS and
FDEP verified that the best available science still did not support stricter standards. However, since that
time, many counties and municipalities have enacted ordinances regulating fertilizer use with more
stringent regulations than the State Model Ordinance with no challenges from the state agencies.
Recent water quality issues put the focus back on fertilizer and on February 5, 2019, the Collier County
Board of County Commissioners hosted a Fertilizer Workshop with the local municipalities. Collier
County environmental staff, the City of Marco, and the City of Naples provided unified recommendations
to the workshop participants with the goal of a uniform ordinance. A majority of the recommendations
were acceptable to all; however, two items: nitrogen application quantities and a seasonal nitrogen and
phosphorus fertilizer ban remained controversial. Therefore, it was determined that a uniform ordinance
was not possible. County staff was directed to bring back an updated ordinance that reflects
recommendations made in the workshop.
The proposed ordinance (Attachment 2) is more stringent than the State Model Ordinance and Collier
County’s existing ordinance. Changes that strengthen the ordinance include:
• A year-round phosphorus ban, unless a soil test indicates phosphorus is needed;
• A minimum of 50% slow release nitrogen content;
• Accounting for nutrients in reclaimed water when applying fertilizer, including a requirement that
the utilities provide that information to reclaimed water users;
• A 10-foot setback to water for fertilizer application; and
• Requirement that grass clippings and fertilizer applied on impervious surfaces are completely
cleaned up.
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Due to the more stringent nature of this ordinance, staff is required to document that it has considered all
relevant scientific information including input from FDEP, UF/IFAS, and FDACS which must be made
part of the public record (Attachment 3) prior to the adoption of more stringent criteria. The required
input from two of the three agencies is attached; the third has not responded yet. Changes to the ordinance
made based on state agency recommendations are in strikethrough underline format.
A staff report that addresses common misconceptions and responds to public comments made during area
workshops is Attachment 4. A chart comparing the existing and the proposed ordinance is Attachment 5.
The proposed ordinance had its first reading on June 11th. In response to Board direction, the following
change was made in Section Thirteen-Low Maintenance Zones:
A voluntary ten-foot, low maintenance zone adjacent to waterbodies is strongly recommended.
Care should be taken to prevent the over-spray of aquatic weed products in this zone. Failure to comply
with state regulations and best management practices when applying pesticides to the low maintenance
zone is considered a violation of this ordinance.
Minor non-substantive punctuation and spacing edits were also made, and the proposed ordinance was
duly advertised on June 19, 2019.
FISCAL IMPACT: The estimated cost to advertise the ordinance is $350. Fiscal impacts for the
ordinance as written are expected to be minimal. Known costs to customers are $7 per soil test, should
the customer choose to apply phosphorus. Known costs to the utilities are approximately $20 per quarter
for laboratory analyses to provide the nutrients in reclaimed water data to their reclaimed water
customers.
GROWTH MANAGEMENT IMPACT: This action is consistent with the goals and objectives of
Collier County’s Growth Management Plan Conservation and Coastal Management Element and the
Floodplain Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To adopt an ordinance repealing and replacing Ordinance No. 2011-24,
regarding the Florida Friendly Use of Fertilizer on Urban Landscapes
Prepared by: Danette Kinaszczuk, Pollution Control Manager, Capital Project Planning, Impact Fees,
and Program Management Division
ATTACHMENT(S)
1. Attachment 1 2015 Model Fertilizer Ordinance (PDF)
2. Attachment 2 Ordinance - Fertilizer and Urban Landscaping - JAK signed (PDF)
3. Attachment 3 State Agency Comments (PDF)
4. Attachment 4 Staff Report Common Misconceptions and Responses to Workshop Special Interest
Group Comments (PDF)
5. Attachment 5 Proposed vs Existing Ordinance Table (PDF)
6. Attachment 6 Presentation Fertilizer Permission to Advertise 06-11-19 (PDF)
7. Attachment 7 Dr Unruh_Presentation (PDF)
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8. Attachment 8 Legal Ad - Fertilizer and Urban Landscaping Ordinance (PDF)
9. Legal Ad - Agenda ID 9361 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.B
Doc ID: 9361
Item Summary: Recommendation to adopt an ordinance repealing and replacing Ordinance No.
2011-24, regarding the Florida Friendly Use of Fertilizer on Urban Landscapes.
Meeting Date: 07/09/2019
Prepared by:
Title: Manager - Pollution Control – Capital Project Planning, Impact Fees, and Program Management
Name: Danette Kinaszczuk
06/17/2019 8:55 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
06/17/2019 8:55 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/17/2019 11:22 AM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 06/18/2019 1:38 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/18/2019 3:27 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2019 8:30 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/20/2019 12:38 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/26/2019 1:41 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/26/2019 2:34 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM
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Florida Department of Environmental Protection
MODEL ORDINANCE FOR
FLORIDA-FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES
[alternate title: MODEL ORDINANCE FOR
FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES]
2015
[Note: Title revision for clarity. There is no defined Florida-Friendly fertilizer product, as timing,
chemistry, grade, amount, site-specific conditions and application practices all affect “Florida-
friendliness”.]
INTRODUCTION
This attached Model Fertilizer Use Ordinance is another tool to reduce sources of nutrients
coming from urban landscapes to reduce the impact of nutrients on Florida’s surface and
ground waters. Limiting the amount of fertilizer applied to the landscape will reduce the risk
of nutrient enrichment of surface and ground waters, but effective nutrient management
requires more comprehensive control measures. Such a comprehensive approach is needed
that may include, but is not limited to, land planning and low-impact development, site plan
design, landscape design, irrigation system design and maintenance, fertilizer application,
landscape maintenance, and waste disposal. To assist local governments in improving their
existing land development regulations, several “model” ordinances have been developed.
These include:
• “Low Impact Design” ordinances which seek to reduce the impact of urbanization on
our natural resources by stressing “source controls” that either minimize the
generation of stormwater or minimize the pollutants that can get into stormwater.
For example, promoting development designs that minimizes clearing of natural
vegetation and the compaction of urban soils. A Model Springs Protection Code
was developed by DCA, DEP, and other stakeholders that includes specific Land
Development Regulation recommendations that promote Low Impact Design. This
Model Code is available as Chapter 5 in Protecting Florida's Springs: An
Implementation Guidebook. It is available at
http://www.dca.state.fl.us/fdcp/DCP/springs/index.cfm.
• “Landscape Ordinances” because design, construction, and maintenance are major
determinants in the amount of fertilizer and irrigation that is needed to maintain
healthy urban landscapes and minimize adverse impacts on water resources. A
model Landscape Ordinance entitled “Guidelines for Model Ordinance Language for
Protection of Water Quality and Quantity Using Florida-Friendly Lawns and
Landscapes” was developed by a group of agencies, industries, and interest groups
over a two year period and published in 2003. It was fundamentally an adaptation of
earlier water conservation ordinances revised to include water quality protections for
compliance with Total Maximum Daily Load (TMDL) or stormwater NPDES
permit requirements. The language focused on continuing education of lawn care
and landscape professionals, proper planning and supervision during development
and construction, and the use of best management practices, including the Florida-
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Friendly Landscape Program. This model ordinance has been renamed “Florida-
Friendly Landscaping™ Model Guidelines for Ordinance Language for Protection of
Water Quality and Quantity,” updated in 2008 and 2010 and may be downloaded
from: http://www.dep.state.fl.us/water/nonpoint/pubs.htm.
• Finally, the 2004 Florida Legislature directed Florida’s water management districts to
work with interested parties to develop landscape irrigation and Florida-Friendly
design standards for new construction (section 373.228, F.S.). Local governments are
to use the standards and guidelines when developing landscape irrigation and
Florida-Friendly ordinances. The Committee on Landscape Irrigation and Florida-
Friendly Design Standards convened and developed the standards. They are
published in a booklet called Landscape Irrigation and Florida-Friendly Design
Standards (December 2006). The 2009 Legislature has directed that it be revised in
2011. The current version of this document can be downloaded from:
http://www.dep.state.fl.us/water/waterpolicy/land_irr.htm
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Packet Pg. 2686 Attachment: Attachment 1 2015 Model Fertilizer Ordinance (9361 : Fertilizer Ordinance)
MODEL ORDINANCE FOR
FLORIDA-FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES
(FEBRUARY 2015)
1. FINDINGS
As a result of impairment to (MUNICIPALITY / COUNTY)’S surface waters caused by
excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or
ground water within the aquifers or springs within the boundaries of (municipality/county),
the governing body of (municipality / county) has determined that the use of fertilizers on
lands within (municipality / county) creates a risk to contributing to adverse effects on
surface and/or ground water. Accordingly, the governing board of (municipality/county)
finds that management measures [Guidance: optional “additional management measures than
are otherwise”] contained in the most recent edition of the “Florida-Friendly Best Management
Practices for Protection of Water Resources by the Green Industries, 2008,” may be required by this
ordinance.
2. PURPOSE AND INTENT
This Ordinance regulates the proper use of fertilizers by any applicator; requires proper
training of Commercial and Institutional Fertilizer Applicators; establishes training and
licensing requirements; establishes a Prohibited Application Period; specifies allowable
fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and
exemptions. The Ordinance requires the use of Best Management Practices which provide
specific management guidelines to minimize negative secondary and cumulative
environmental effects associated with the misuse of fertilizers. These secondary and
cumulative effects have been observed in and on (MUNICIPALITY / COUNTY)’s natural
and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and
other water bodies. [Guidance: as appropriate] Collectively, these water bodies are an asset
critical to the environmental, recreational, cultural and economic well-being of
(MUNICIPALITY / COUNTY) residents and the health of the public. Overgrowth of
algae and vegetation hinder the effectiveness of flood attenuation provided by natural and
constructed stormwater conveyances. Regulation of nutrients, including both phosphorus
and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality.
3. DEFINITIONS
For this Article, the following terms shall have the meanings set forth in this section unless
the context clearly indicates otherwise.
“Administrator” means the (MUNICIPALITY / COUNTY) Administrator, or an
administrative official of (MUNICIPALITY / COUNTY) government designated by the
City/County Administrator to administer and enforce the provisions of this Article.
“Application” or “Apply” means the actual physical deposit of fertilizer to turf or landscape
plants.
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“Applicator” means any Person who applies fertilizer on turf and/or landscape plants in
(MUNICIPALITY / COUNTY).
“Board or Governing Board” means the Board of City/County Commissioners of
(MUNICIPALITY / COUNTY), Florida.
“Best Management Practices” means turf and landscape practices or combination of
practices based on research, field-testing, and expert review, determined to be the most
effective and practicable on-location means, including economic and technological
considerations, for improving water quality, conserving water supplies and protecting natural
resources.
“Code Enforcement Officer, Official, or Inspector” means any designated employee or
agent of (MUNICIPALITY / COUNTY) whose duty it is to enforce codes and ordinances
enacted by (MUNICIPALITY / COUNTY).
“Commercial Fertilizer Applicator”, except as provided in 482.1562(9) F.S., means any
person who applies fertilizer for payment or other consideration to property not owned by
the person or firm applying the fertilizer or the employer of the applicator.
“Fertilize,” “Fertilizing,” or “Fertilization” means the act of applying fertilizer to turf,
specialized turf, or landscape plants.
“Fertilizer” means any substance or mixture of substances that contains one or more
recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity,
or provides other soil enrichment, or provides other corrective measures to the soil.
“Guaranteed Analysis” means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer.
“Institutional Applicator” means any person, other than a private, non-commercial or a
Commercial Applicator (unless such definitions also apply under the circumstances), that
applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional
Applicators shall include, but shall not be limited to, owners, managers or employees of
public lands, schools, parks, religious institutions, utilities, industrial or business sites and any
residential properties maintained in condominium and/or common ownership.
“Landscape Plant” means any native or exotic tree, shrub, or groundcover (excluding turf).
“Low Maintenance Zone” means an area a minimum of ten (10) feet wide adjacent to water
courses which is planted and managed in order to minimize the need for fertilization,
watering, mowing, etc.
“Person” means any natural person, business, corporation, limited liability company,
partnership, limited partnership, association, club, organization, and/or any group of people
acting as an organized entity.
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“Prohibited Application Period” means the time period during which a Flood Watch or
Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in
effect for any portion of (CITY/COUNTY), issued by the National Weather Service, or if
heavy rain1 is likely.
“(MUNICIPALITY / COUNTY) Approved Best Management Practices Training Program”
means a training program approved per 403.9338 F.S., or any more stringent requirements
set forth in this Article that includes the most current version of the Florida Department of
Environmental Protection’s “Florida-Friendly Best Management Practices for Protection of Water
Resources by the Green Industries, 2008,” as revised, and approved by the (MUNICIPALITY /
COUNTY) Administrator.
"Saturated soil" means a soil in which the voids are filled with water. Saturation does not
require flow. For the purposes of this ordinance, soils shall be considered saturated if
standing water is present or the pressure of a person standing on the soil causes the release
of free water. [Guidance: Some have questioned the enforceability of practical field definitions
which should be considered before adoption.]
“Slow Release,” “Controlled Release,” “Timed Release,” “Slowly Available,” or “Water
Insoluble Nitrogen” means nitrogen in a form which delays its availability for plant uptake
and use after application, or which extends its availability to the plant longer than a reference
rapid or quick release product.
“Turf,” “Sod,” or “Lawn” means a piece of grass-covered soil held together by the roots of
the grass.
"Urban landscape" means pervious areas on residential, commercial, industrial, institutional,
highway rights-of-way, or other nonagricultural lands that are planted with turf or
horticultural plants. For the purposes of this section, agriculture has the same meaning as in
s. 570.02.
4. APPLICABILITY
This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer
and areas of application of fertilizer within the area of (MUNICIPALITY / COUNTY),
unless such applicator is specifically exempted by the terms of this Ordinance from the
regulatory provisions of this Ordinance. This Ordinance shall be prospective only, and shall
not impair any existing contracts.
[Guidance: In 403.9336, the Legislature further finds that local conditions, including variations in
the types and quality of water bodies, site-specific soils and geology, and urban or rural densities
and characteristics, may necessitate the implementation of additional or more stringent fertilizer
1 World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 mm (2 inches) in a
24 hour period. http://severe.worldweather.org/rain/, and forecast keyword “likely”,
http://www.wrh.noaa.gov/sew/MediaGuide/TermsOutlooks_Watches_Warnings.pdf.
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management practices at the local government level. Local government may adopt additional or
more stringent provisions to the model ordinance as provided in 403.9337(2). However, the local
government should consider the disadvantages of confusing jurisdictional differences and should
clearly demonstrate they meet the required criteria:
(2) Each county and municipal government located within the watershed of a water body or water
segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt
the department’s Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes. A
local government may adopt additional or more stringent standards than the model ordinance if
the following criteria are met:
o (a) The local government has demonstrated, as part of a comprehensive program to
address nonpoint sources of nutrient pollution which is science based, and economically
and technically feasible, that additional or more stringent standards than the model
ordinance are necessary in order to adequately address urban fertilizer contributions to
nonpoint source nutrient loading to a water body.
o (b) The local government documents that it has considered all relevant scientific
information, including input from the department, the institute, the Department of
Agriculture and Consumer Services, and the University of Florida Institute of Food and
Agricultural Sciences, if provided, on the need for additional or more stringent provisions
to address fertilizer use as a contributor to water quality degradation. All documentation
must become part of the public record before adoption of the additional or more stringent
criteria.]
[Guidance: Florida Statues 125.568(3), 166.048(3), 373.185(3), 720.3075(4), and others provide
that a local ordinance, deed restriction or covenant may not prohibit or be enforced so as to
prohibit any property owner from implementing Florida-friendly landscaping on his or her land or
create any requirement or limitation in conflict with any provision of part II of this chapter {373} or
a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant
to Chapter 373 part II.]
[Guidance: Florida Statues 482.156 and 482.1562. Neither the Limited Commercial Landscape
Maintenance Certification Program nor the Limited Certification for Urban Landscape Commercial
Fertilizer Application allows landscape maintenance workers to make any kind of pesticide
applications (including weed control and/or weed and feed products) to any turf areas.]
[Guidance: Florida Statues 482.242, and 487.051 (2), F.S. Regulation of pest control businesses
and applicators, and of pesticide use, is preempted to the Florida Department of Agriculture and
Consumer Services (FDACS and suspected pesticide misuse should be reported to FDACS.
5. TIMING OF FERTILIZER APPLICATION
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the Prohibited Application Period, or to saturated soils.
[Guidance: One of the most controversial issues associated with recent fertilizer ordinances
enacted by local governments is the definition of the Prohibited Application Period. Some
ordinances have prohibited the application of fertilizer, even slow release formulations, during the
summer rainy season, typically June 1 to September 30. The reasoning is that rain occurs
frequently, saturating the soil, leading to more runoff. Saturated soils are prone to runoff or
leaching with little or no additional water, and pose a higher than normal risk until soil moisture
capacity is restored. Fertilizer management is largely about keeping the nitrogen and/or
phosphorus in the root zone where it can be used by plants. Periods of heavy rainfall contribute
to leaching, which is washing nutrients out of the root zone, and to runoff, especially in areas with
compacted or bare soils and significant slope. Vegetative ground cover is important to minimizing
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erosion, filtering particulates, and incorporating or promoting the biological transformation of
potential pollutants. Many variables influence the relationship between fertilizer rates, vegetation
health and nutrient enrichment of surface and ground waters. Accordingly, sound science and
carefully reasoned judgment are recommended in determining how to define the Prohibited
Application Period.]
6. FERTILIZER FREE ZONES
Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake,
canal, or wetland as defined by the Florida Department of Environmental Protection
(Chapter 62-340, Florida Administrative Code) or from the top of a seawall, unless a
deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge, is
used, in which case a minimum of 3 feet shall be maintained. If more stringent
(MUNICIPALITY / COUNTY) Code regulations apply, this provision does not relieve the
requirement to adhere to the more stringent regulations. Newly planted turf and/or
landscape plants may be fertilized in this Zone only for a sixty (60) day period beginning 30
days after planting if need to allow the plants to become well established. Caution shall be
used to prevent direct deposition of nutrients into the water. [Guidance: This zone is a
setback to prevent the applicator from inadvertently depositing fertilizer in the water while
performing the application. It is not designed as a treatment buffer, and is to be adhered to as a
fundamental environmental safety aspect of the applicator’s job, regardless of the owner’s
desires. Some communities have existing residential setbacks of as little as 10 feet from water or
seawall. Low maintenance zones, vegetated filter strips, and riparian buffers are strongly
encouraged, but such activities are rightly a part of land use planning. Local governments are
encouraged to implement these low-impact development practices where feasible.]
7. LOW MAINTENANCE ZONES
A voluntary ten (10) foot low maintenance zone is strongly recommended, but not
mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall.
A swale/berm system is recommended for installation at the landward edge of this low
maintenance zone to capture and filter runoff. If more stringent (MUNICIPALITY /
COUNTY) Code regulations apply, this provision does not relieve the requirement to
adhere to the more stringent regulations. No mowed or cut vegetative material may be
deposited or left remaining in this zone or deposited in the water. Care should be taken to
prevent the over-spray of aquatic weed products in this zone. [Guidance: Care must be taken
to ensure erosion of the surface soil does not occur. Excessive erosion may be a greater
pollution hazard than occasional proper applications of fertilizer.]
8. FERTILIZER CONTENT AND APPLICATION RATES
[Guidance: RULE 5E-1.003, F.A.C contains the following provisions for golf courses, parks
and athletic fields. As such, no additional specific requirements are included for these types of
urban turf. The appropriate Best Management Practices listed below must be followed on such
sites for nutrient management activities:
These include not to exceed rates recommended in the document titled SL191
“Recommendations for N, P, K and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich
I Extractant”, and to comply with the recommendations in “BMP’s for the Enhancement of
Environmental Quality on Florida Golf Courses”, published by the Florida Department of
Environmental Protection, dated 2012.
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Note that this does not exempt applicators at these sites from the required basic Green Industry
BMP training.
(a) Fertilizers applied to turf within (MUNICIPALITY / COUNTY) shall be applied in
accordance with requirements and directions provided by Rule 5E-1.003, Florida
Administrative Code.
(b) Fertilizer containing nitrogen shall not be applied before seeding or sodding a site, and
shall not be applied for the first 30 days after seeding or sodding, except when hydro-seeding
for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in
accordance with the Stormwater Pollution Prevention Plan for that site.
(c) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as
provided in (a) above for turf, or in UF/IFAS recommendations for landscape plants, vegetable
gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an
approved test. [Guidance: Soil and tissue tests for phosphorus are normally done by UF/IFAS or
another accredited laboratory. IFAS recommendations are available from the County Extension service or
http://solutionsforyourlife.ufl.edu/lawn_and_garden/]
9. APPLICATION PRACTICES
a. Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all
impervious surfaces, fertilizer-free zones and water bodies, including wetlands.
b. Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
c. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed to the greatest extent
practicable.
d. 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.
e. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater
drains, ditches, conveyances, or water bodies.
10. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER
In no case shall grass clippings, vegetative material, and/or vegetative debris be washed,
swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or
sidewalks or roadways. Any material that is accidentally so deposited shall be immediately
removed to the maximum extent practicable.
11. EXEMPTIONS
The provisions set forth above in this Ordinance shall not apply to:
(a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14
Florida Statutes;
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(b) other properties not subject to or covered under the Florida Right to Farm Act that have
pastures used for grazing livestock;
(c) any lands used for bona fide scientific research, including, but not limited to, research on
the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture.
[Guidance: Limited waivers for special cases such as botanical gardens, etc. should not be
considered as less stringent for the purposes of the model as a minimum requirement.]
12. TRAINING
(a) All commercial and institutional applicators of fertilizer within the (un)incorporated area
of (MUNICIPALITY / COUNTY), shall abide by and successfully complete the six-hour
training program in the “Florida Friendly Best Management Practices for Protection of Water Resources
by the Green Industries” offered by the Florida Department of Environmental Protection
through the University of Florida Extension “Florida-Friendly Landscaping™” program, or an
approved equivalent.
(b) Private, non-commercial applicators are encouraged to follow the recommendations of
the University of Florida IFAS Florida Yards and Neighborhoods program when applying
fertilizers.
[Guidance: A local government may establish a certification/education program for the
institutional or private application of fertilizers indicating the completion of an education program
for special local requirements not covered in the above programs. It is up to the local government
to set a continuing education or renewal provision for these applicators. Persons with statewide
FDACS commercial fertilizer certification cannot be required to submit to additional local testing
after obtaining the FDACS certificate. ]
13. LICENSING OF COMMERCIAL APPLICATORS
All commercial applicators of fertilizer within the (un)incorporated area of
(MUNICIPALITY / COUNTY), shall have and carry in their possession at all times when
applying fertilizer, evidence of certification by the Florida Department of Agriculture and
Consumer Services as a Commercial Fertilizer Applicator per 5E-14.117(18) F.A.C.
All businesses applying fertilizer to turf and/or landscape plants (including but not limited to
residential lawns, golf courses, commercial properties, and multi-family and condominium
properties) must ensure that at least one employee has a “Florida-Friendly Best Management
Practices for Protection of Water Resources by the Green Industries” training certificate prior to the
business owner obtaining a Local Business Tax Certificate. Owners for any category of
occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide
proof of completion of the program to the (Municipality/ County) Tax Collector’s Office.
[Guidance: This is an example of an administrative enforcement mechanism. It may be modified
to use other local mechanisms as appropriate].
14. ENFORCEMENT
9
17.B.1
Packet Pg. 2693 Attachment: Attachment 1 2015 Model Fertilizer Ordinance (9361 : Fertilizer Ordinance)
[Guidance: Local governments should consider making penalties consistent with their other fines
and penalties.]
Funds generated by penalties imposed under this section shall be used by (Municipality/
County) for the administration and enforcement of section 403.9337, Florida Statutes, and
the corresponding sections of this ordinance, and to further water conservation and
nonpoint pollution prevention activities.
10
17.B.1
Packet Pg. 2694 Attachment: Attachment 1 2015 Model Fertilizer Ordinance (9361 : Fertilizer Ordinance)
17.B.2
Packet Pg. 2695 Attachment: Attachment 2 Ordinance - Fertilizer and Urban Landscaping - JAK signed (9361 : Fertilizer Ordinance)
17.B.2
Packet Pg. 2696 Attachment: Attachment 2 Ordinance - Fertilizer and Urban Landscaping - JAK signed (9361 : Fertilizer Ordinance)
17.B.2
Packet Pg. 2697 Attachment: Attachment 2 Ordinance - Fertilizer and Urban Landscaping - JAK signed (9361 : Fertilizer Ordinance)
17.B.2
Packet Pg. 2698 Attachment: Attachment 2 Ordinance - Fertilizer and Urban Landscaping - JAK signed (9361 : Fertilizer Ordinance)
17.B.2
Packet Pg. 2699 Attachment: Attachment 2 Ordinance - Fertilizer and Urban Landscaping - JAK signed (9361 : Fertilizer Ordinance)
17.B.2
Packet Pg. 2700 Attachment: Attachment 2 Ordinance - Fertilizer and Urban Landscaping - JAK signed (9361 : Fertilizer Ordinance)
17.B.2
Packet Pg. 2701 Attachment: Attachment 2 Ordinance - Fertilizer and Urban Landscaping - JAK signed (9361 : Fertilizer Ordinance)
17.B.2
Packet Pg. 2702 Attachment: Attachment 2 Ordinance - Fertilizer and Urban Landscaping - JAK signed (9361 : Fertilizer Ordinance)
1
Danette Kinaszczuk
From:Danette Kinaszczuk
Sent:Friday, May 03, 2019 8:23 AM
To:'Kevin.Coyne@dep.state.fl.us'; 'George.Hayslip@freshfromflorida.com'; 'jbu@ufl.edu'
Cc:WatkinsRhonda
Subject:Request For Fertilizer Ordinance Review-Collier County
Attachments:05-02-19 Fertilizer Ordinance - Red-Line Draft CAO.DOC
Good Morning,
Thank you for your time during our conference call a couple weeks ago. I know this is coming to you a little
faster than I anticipated when we last spoke. Attached please find a copy of Collier County’s proposed
ordinance for your review. This request for review is being made so that Collier County is compliant with
Section 403.9337(2)B, F.S.
To aid in your review, the portions in red are consistent with the 2015 version of the state model ordinance
and the black portions are Collier County’s modifications. The proposed ordinance is in no case less stringent
than the state model ordinance and the areas it is more stringent are:
A year‐round phosphorus ban, unless a soil test indicates phosphorus is needed;
A minimum of 50% slow release nitrogen content;
Accounting for nutrients in reclaimed water when applying fertilizer, including a requirement that the
utilities provide that information to reclaimed water users;
A 10‐foot setback to water for fertilizer application; and
Requirement that grass clippings and fertilizer applied on impervious surfaces are completely cleaned
up.
I can imagine you all are getting hit with these requests from everyone right now. Unfortunately, my deadline
is fast approaching so if you are able to provide input prior to May 10th, it would be much appreciated. Please
let me know if there is any additional information I can provide to help.
Thank you,
Danette Kinaszczuk, Pollution Control Manager
2685 South Horseshoe Drive, Ste 103
Naples, FL 34104
(239) 252‐5032‐office
(239) 253‐5023‐cell
17.B.3
Packet Pg. 2703 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
17.B.3
Packet Pg. 2704 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
17.B.3
Packet Pg. 2705 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
1
ORDINANCE NO. 2019 - _____
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REPEALING AND REPLACING
ORDINANCE NO. 2011-24, BY ADOPTING THE COLLIER COUNTY
FERTILIZER AND URBAN LANDSCAPING ORDINANCE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 26, 2011, the Board of County Commissioners adopted Ordinance
No. 2011-24, which was fashioned after the Florida Model Ordinance for Florida-Friendly
Fertilizer Use on Urban Landscapes, as set forth in Florida Statutes Sec. 403.9337; and
WHEREAS, since such time, the Model Ordinance has been updated and modified; and
WHEREAS, Ordinance No. 2011-24 has not been as effective in protecting Collier
County’s surface and groundwater resources as had been hoped; and
WHEREAS, the quality of Collier County’s stormwater conveyances, rivers, creeks,
canals, lakes, estuaries and other waterbodies have worsened since the adoption of Ordinance
No. 2011-24, including the County recently experiencing the worst red tide bloom in its history,
which devasted local fish and wildlife, rendered fishing beach-going untenable for lengthy
periods of time, and greatly impacted the County’s tourist industry; and
WHEREAS, the Board of County Commissioners has heard testimony, reviewed
documents, and has considered all relevant scientific information, including input from all
relevant State Agencies, including the Department of Environmental Protection, the Department
of Agriculture and Consumer Services, and the University of Florida Institute of Food and
Agricultural Sciences, on the need for additional or more stringent provisions to address fertilizer
use as a contributor to water quality degradation; and
WHEREAS, based on this testimony and documents, the Board has concluded that
additional or more stringent standards than the model ordinance are necessary in order to
adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water
body.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and cited as “The Collier County Fertilizer and Urban
Landscaping Ordinance,” and is intended to repeal and replace Ordinance No. 2011-24. The
provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of
Collier County.
Commented [UB1]: This statement is ambiguous and
lacks measurable data to substantiate.
Commented [UB2]: If “all” the information has been
considered, then adding more stringent standards beyond
the model ordinance would not be necessary.
17.B.3
Packet Pg. 2706 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)UF/IFAS COMMENTS
2
SECTION TWO: Findings.
The Board hereby ratifies and reaffirms the above whereas clauses and incorporates them
as if fully set forth herein as the Board’s legislative findings.
SECTION THREE: Purpose and Intent.
This Ordinance regulates the proper use of fertilizers by any applicator; requires proper
training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing
requirements; establishes a Prohibited Application Period; specifies allowable fertilizer
application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. The
Ordinance requires the use of Best Management Practices which provide specific management
guidelines to minimize negative secondary and cumulative environmental effects associated with
the misuse of fertilizers. These secondary and cumulative effects have been observed in and on
Collier County’s natural and constructed stormwater conveyances, rivers, creeks, canals, springs,
lakes, estuaries and other water bodies. Collectively, these water bodies are an asset critical to
the environmental, recreational, cultural and economic well-being of Collier County residents
and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood
attenuation provided by natural and constructed stormwater conveyances. Regulation of
nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and
maintain water and habitat quality.
SECTION FOUR: Definitions.
The following terms shall have the meanings set forth in this section unless the context
clearly indicates otherwise.
“Administrator” means the Collier County Administrator, or an administrative official of Collier
County designated by the County Administrator to administer and enforce the provisions of this
Article.
“Application” or “Apply” means the actual physical deposit of fertilizer to turf or landscape
plants.
“Applicator” means any Person who applies fertilizer on turf and/or landscape plants in Collier
County.
“Approved Best Management Practices Training Program” means a training program approved
per 403.9338 F.S., or any more stringent requirements set forth in this Article that includes the
most current version of the Florida Department of Environmental Protection’s “Florida-Friendly
Best Management Practices for Protection of Water Resources by the Green Industries, 2008,” as
revised, and approved by the Collier County Administrator.
17.B.3
Packet Pg. 2707 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
3
“Board or Governing Board” means the Board of County Commissioners of Collier County,
Florida.
“Best Management Practices” means turf and landscape practices or combination of practices
based on research, field-testing, and expert review, determined to be the most effective and
practicable on-location means, including economic and technological considerations, for
improving water quality, conserving water supplies and protecting natural resources.
“Code Enforcement Officer, Official, or Inspector” means any designated employee or agent of
Collier County whose duty it is to enforce codes and ordinances enacted by Collier County.
“Commercial Fertilizer Applicator”, except as provided in 482.1562(9) F.S., means any person
who applies fertilizer for payment or other consideration to property not owned by the person or
firm applying the fertilizer or the employer of the applicator.
“Fertilize,” “Fertilizing,” or “Fertilization” means the act of applying fertilizer to turf,
specialized turf, or landscape plants.
“Fertilizer” means any substance or mixture of substances that contains one or more recognized
plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other
soil enrichment, or provides other corrective measures to the soil. Reclaimed water is not
considered a fertilizer.
Green Industries Best Management Practices (GI-BMPs) shall be defined as a science-based
educational program for Green Industry workers (lawn-care and landscape maintenance
professionals). The GI-BMPs teach environmentally safe landscaping practices that help
conserve and protect Florida’s ground and surface waters.
“Guaranteed Analysis” means the percentage of plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer.
Impervious shall be defined as a constructed surface, such as a sidewalk, road, parking lot, or
driveway, covered by impenetrable materials such as asphalt, concrete, brick, pavers, stone, or
highly compacted soils.
“Institutional Applicator” means any person, other than a private, non-commercial or a
Commercial Applicator (unless such definitions also apply under the circumstances), that applies
fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators
shall include, but shall not be limited to, owners, managers or employees of public lands,
schools, parks, religious institutions, utilities, industrial or business sites and any residential
properties maintained in condominium and/or common ownership.
“Landscape Plant” means any native or exotic tree, shrub, or groundcover (excluding turf).
17.B.3
Packet Pg. 2708 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
4
“Low Maintenance Zone” means an area a minimum of ten (10) feet wide adjacent to water
courses which is planted and managed in order to minimize the need for fertilization, watering,
mowing, etc.
“Person” means any natural person, business, corporation, limited liability company, partnership,
limited partnership, association, club, organization, and/or any group of people acting as an
organized entity.
“Prohibited Application Period” means the time period during which a Flood Watch or Warning,
or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any
portion of Collier County, issued by the National Weather Service, or if heavy rain is likely, or if
there is a 60% chance of 2 inches or greater of rain in a 24-hour period.
Reclaimed Water shall be defined per Chapter 62-610 F.A.C. as it may be amended from time
to time, as water that has received at least secondary treatment and basic disinfection and is
reused after flowing out of a domestic wastewater treatment facility.
"Saturated soil" means a soil in which the voids are filled with water. Saturation does not require
flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is
present or the pressure of a person standing on the soil causes the release of free water.
“Slow Release,” “Controlled Release,” “Timed Release,” “Slowly Available,” or “Water
Insoluble Nitrogen” means nitrogen in a form which delays its availability for plant uptake and
use after application, or which extends its availability to the plant longer than a reference rapid or
quick release product.
Specialized Turf Managers shall be defined as landscape managers of non-agricultural land
planted exclusively for golf course, parks, or athletic fields.
“Turf,” “Sod,” or “Lawn” means a piece of grass-covered soil held together by the roots of the
grass.
"Urban landscape" means pervious areas on residential, commercial, industrial, institutional,
highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural
plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02.
Waterbody or Waterbodies shall be defined as any visible, standing or open body of water.
This shall include, but not be limited to: ditches, swales, canals, creeks, rivers, streams, tidal
waters, lakes, ponds, ponded water, standing water, marshes, swamps or any other body of
permanent or temporary standing or visible water whether or not the waterbody is natural or
man-made or contained by impervious surfaces on the bottom or sides and all wetlands.
Wetlands shall be defined per Chapter 62-340 F.A.C. as it may be amended from time to time,
as those areas that are inundated or saturated by surface water or groundwater at a frequency and
a duration sufficient to support, and under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soils.
17.B.3
Packet Pg. 2709 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
5
SECTION FIVE: Applicability.
This Ordinance shall be applicable to and shall regulate any and all applicators of
fertilizer and areas of application of fertilizer within the unincorporated area of Collier County,
unless such applicator is specifically exempted by the terms of this Ordinance from the
regulatory provisions of this Ordinance. This Ordinance shall be prospective only and shall not
impair any existing contracts.
SECTION SIX: Timing of Fertilizer Application.
No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or
landscape plants during the Prohibited Application Period, or to saturated soils.
SECTION SEVEN. Prohibitions.
A. Application of phosphorus fertilizer is prohibited unless a soil test conducted within the
last 12 months indicates a phosphorus deficiency. Soil test method and limits shall be
those recommended by UF/IFAS, currently the Mehlich-1 test with a 10 mg kg–1
maximum.
B. No applicator shall apply fertilizers containing nitrogen or phosphorus to turf and/or
landscape plants during the Prohibited Application Period or to saturated soils.
C. Fertilizer shall not be applied in a manner that will allowed enter into any waterbody.
D. Fertilizer shall not be applied to impervious surfaces. If accidently applied, the fertilizer
must be immediately removed from the impervious surface.
E. Fertilizer shall not be applied within ten (10) feet of any waterbody.
F. Fertilizer shall not be applied to native vegetated buffers required by Collier County Land
Development Code 3.05.07.F.3.f.
G. With the exception of grass clippings from mowing grassed swales, grass clippings or
vegetative material and vegetative debris shall not be washed, swept, or blown onto
impervious surfaces, into waterbodies, wetlands, or any part of the stormwater
management system. Any material that is accidentally so deposited shall be immediately
removed.
FERTILIZER FREE ZONES
Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake,
canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter
62-340, Florida Administrative Code) or from the top of a seawall, unless a deflector shield,
drop spreader, or liquid applicator with a visible and sharply defined edge, is used, in which
17.B.3
Packet Pg. 2710 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
6
case a minimum of 3 feet shall be maintained. If more stringent (MUNICIPALITY /
COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere
to the more stringent regulations. Newly planted turf and/or landscape plants may be
fertilized in this Zone only for a sixty (60) day period beginning 30 days after planting if
need to allow the plants to become well established. Caution shall be used to prevent direct
deposition of nutrients into the water.
MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER
In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or
blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or
roadways. Any material that is accidentally so deposited shall be immediately removed to the
maximum extent practical.
SECTION EIGHT: Exemptions.
The provisions set forth above in this Ordinance shall not apply to:
A. Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14;
B. Other properties not subject to or covered under the Florida Right to Farm Act that have
pastures used for grazing livestock;
C. Any lands used for bona fide scientific research, including, but not limited to, research on
the effects of fertilizer use on urban stormwater, water quality, agronomics, or
horticulture;
D. All golf courses provided that landscaping management is done within the provisions of
the Florida Department of Environmental Protection document, "Best Management
Practices for the Enhancement of Environmental Quality on Florida Golf Courses, 2007"
(Florida Golf Course BMPs), as updated. Florida Golf Course BMPs shall be followed
when performing landscaping management practices on golf course practice and play
areas. If Florida Golf Course BMPs are not adhered to, Collier County may take
enforcement action in accordance with Section 14 of this Ordinance. Non-play areas are
not exempt.
E. All Specialized Turf Managers provided that fertilization is based on the provisions of
Rule 5E-1.003 F.A.C. and UF/IFAS Publication #SL 191: Recommendations for N, P, K,
and Mg for Golf Course and Athletic Field Fertilization Based on Mehlich III Extractant,
while maintaining the health and function of their Specialized Turf areas, as updated or
amended.
SECTION NINE: Fertilizer Content and Application Rates.
(a) Fertilizers applied to turf within Collier County shall be applied in accordance with
requirements and directions provided by Rule 5E-1.003, Florida Administrative Code.
Commented [UB3]: The term “landscaping” used herein
is confusing to this industry. The confusion comes from the
fact that the turf industry categorizes their activities into
golf, athletic turf, landscape, and sod production. Landscape
to the turf manager refers to the area being maintained in a
commercial and residential setting and is not generally
applied to the management practices on a golf course. I
would suggest replacing “landscaping” with “management”
as it relates to golf course agronomic activities.
17.B.3
Packet Pg. 2711 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
7
(b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a
site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro-
seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or
in accordance with the Stormwater Pollution Prevention Plan for that site.
(c) A Guaranteed Analysis may be required of alternative fertilizers such as manure or compost
at the applicators/property owner’s expense.
(d) Areas that have reclaimed water must account for the amount of nitrogen and phosphorus in
the reclaimed water when applying fertilizer. All purveyors of reclaimed water that is distributed
within unincorporated Collier County must make this information available on a quarterly basis.
(e) Nitrogen content in any fertilizer must be at a minimum of 50% slow release.
Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as
provided in (a) above for turf, or in UF/IFAS recommendations for landscape plants, vegetable
gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an
approved test.
(f) Rule 5E-1.003, F.A.C contains provisions for golf courses, parks and athletic fields. As such,
no additional specific requirements are included for these types of urban turf.
SECTION TEN: Application Practices.
A. Fertilizer shall not be applied within 10 feet of any waterbody.
B. Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders.
Deflectors must be positioned such that fertilizer granules are deflected away from all
impervious surfaces, fertilizer-free zones and waterbodies, including wetlands.
C. Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces.
Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any
impervious surface shall be immediately and completely removed and either legally
applied to turf or any other legal site, or returned to the original or other appropriate
container. 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.
D. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into
stormwater drains, ditches, conveyances, or waterbodies.
SECTION ELEVEN: Training.
A. All commercial and institutional applicators of fertilizer within the unincorporated area of
Collier County shall abide by and successfully complete the six-hour training program in
the “Florida Friendly Best Management Practices for Protection of Water Resources by
the Green Industries” offered by the Florida Department of Environmental Protection
Commented [UB4]: When soil levels of inadequate, pre-
plant phosphorous applications are critical to successful
establishment. One should conduct a pre-plant soil test to
determine if phosphorous should be applied pre-plant. If
deficient, it is very difficult to rectify the situation post-
planting.
17.B.3
Packet Pg. 2712 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
8
through the University of Florida Extension “Florida-Friendly Landscaping™” program,
or an approved equivalent.
B. Private, non-commercial applicators are exempt from formal training and certificate
requirements but are encouraged to follow the recommendations of the University of
Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers.
SECTION TWELVE: Licensing of Commercial Applicators.
A. All commercial applicators of fertilizer within the unincorporated area of Collier County
shall have and carry in their possession at all times, when applying fertilizer, evidence of
certification by the Florida Department of Agriculture and Consumer Services as a
Commercial Fertilizer Applicator per 5E-14.117(11) F.A.C. as amended.
B. All businesses applying fertilizer to turf and/or landscape plants (including but not
limited to residential lawns, golf courses, commercial properties, and multi-family and
condominium properties) must ensure that at least one employee has a Florida-Friendly
Best Management Practices for Protection of Water Resources by the Green Industries
training certificate prior to the business owner obtaining a Local Business Tax License.
Owners for any category of occupation which may apply any fertilizer to Turf and/or
Landscape Plants shall provide proof of completion of the program to the County Tax
Collector's Office prior to obtaining their first business tax license.
SECTION THIRTEEN: Low Maintenance Zones.
A voluntary ten-foot, low maintenance zone adjacent to waterbodies is strongly recommended.
Care should be taken to prevent the over-spray of aquatic weed products in this zone.
LOW MAINTENANCE ZONES
A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated,
from any pond, stream, water course, lake, wetland or from the top of a seawall. A
swale/berm system is recommended for installation at the landward edge of this low
maintenance zone to capture and filter runoff. If more stringent (MUNICIPALITY /
COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere
to the more stringent regulations. No mowed or cut vegetative material may be deposited or
left remaining in this zone or deposited in the water. Care should be taken to prevent the
over-spray of aquatic weed products in this zone.
SECTION FOURTEEN: Penalty for Violations.
Violation of any provision of this Ordinance shall be punishable by a fine not exceeding
$500. All violations of this Ordinance may be processed according to the Collier County
Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions
of Chapter 162, pts. I or II, Florida Statutes, as may be applicable.
17.B.3
Packet Pg. 2713 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
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Enforcement
Funds generated by penalties imposed under this section shall be used by Collier County
for the administration and enforcement of F.S. § 403.9337, and the corresponding sections of this
ordinance, and to further water conservation and nonpoint source pollution prevention activities.
SECTION FIFTEEN: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SIXTEEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION SEVENTEEN: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _______ day of _____________________, 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: ___________________________ By: _____________________________
, Deputy Clerk William L. McDaniel, Jr., Chairman
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney
17.B.3
Packet Pg. 2714 Attachment: Attachment 3 State Agency Comments (9361 : Fertilizer Ordinance)
1
STAFF REPORT
TO: BOARD OF COUNTY COMMISSIONERS
FROM: POLLUTION CONTROL
GROWTH MANAGEMENT DEPARTMENT
MEETING DATE: JUNE 11, 2019
SUBJECT: COMMON MISCONCEPTIONS REGARDING WET SEASON BANS &
RESPONSES TO AREA FERTILIZER WORKSHOP PUBLIC
COMMENTS/PRESENTATIONS
______________________________________________________________________________
This report is meant to address the common misconceptions associated with a wet season ban of
fertilizer use and to address some of the public comments made during recent local fertilizer
workshops.
Common Misconceptions
1. Fertilizer runoff (nitrogen leaching) occurs more during the wet season due to heavy rainfall.
This is false. UF‐IFAS research overwhelmingly shows that when applied to healthy, actively
growing turf, very little nitrate leaches from the system during the wet season. Conversely,
studies show much more nitrogen leaches during the dry season.
2. Poor turf health does not affect water quality. This is false. Poor turf health leads to erosion
which allows sediment that carries pollutants such as heavy metals into waterbodies. Poor turf
health also means minimal nutrient uptake and application of insecticides, herbicides, and
fungicides.
3. A wet season ban is easy to enforce so we should have one. This is false. We should not have
a wet season ban just because it is easy to enforce. Collier County does not currently have a
wet season ban and Code Enforcement has opened 48 fertilizer ordinance cases in the last year.
Heavy rainfall events are easily predictable with today’s technology making enforcement during
the wet season practical. Additionally, only 2.65% of wet season rainfall events between 2006
and 2018 exceeded two inches in 24 hours.
4. There are no impacts from fertilizer applied during the dry season. This is false. An unintended
consequence of wet season bans is the over application of fertilizer during the dry season when
the plants aren’t taking up nutrients because they are in a low growth period. Then when it
does rain or when the grass is irrigated, the fertilizer runs off or leaches to the groundwater
because the grass isn’t taking up the nutrients during the low growth season.
17.B.4
Packet Pg. 2715 Attachment: Attachment 4 Staff Report Common Misconceptions and Responses to Workshop Special Interest Group Comments (9361 :
2
5. Studies show that a wet season ban is effective. This is false. Please see staff’s responses below.
Public Comment/Presentations
A presentation by a special interest group included a slide titled “Studies supporting rainy season
ban” which referenced six turfgrass studies (1-6 below) and the Naples Bay Water Quality and
Biological Analysis Project. It was incorrectly inferred that these studies provide scientific
evidence that a wet season ban is effective in reducing nutrients. Realistically, none of the
referenced studies draw that conclusion nor do they state that a wet season ban is effective or
improves water quality. Each reference is discussed below.
1. Referenced Study: Soldat, D. and A. Petrovic 2008 The Fate and Transport of Phosphorus in
Turfgrass Ecosystems. Crop Science 48:2051-2065.
Special Interest Group Statement: “10.6% of an applied commercial lawn fertilizer was lost when
followed immediately by an intense simulated rain event.”
Staff Response:
The Soldat & Petrovic study assessed total phosphorus only, not nitrogen.
This specific quote actually references another study from 1975 which states,
“Therefore the window between application and dissolution/sorption is critical. Kelling
and Peterson (1975), observed that 10.6% of an applied commercial lawn fertilizer was
lost when followed immediately by an intense simulated rain event (90 min, 120 mm
h–1). However, by applying a light amount of water without causing runoff, commonly
called watering-in, before the simulated storm, average fertilizer loss was reduced by an
order of magnitude.”
The simulated rain event is equivalent to 4.8-inches of rain per hour for 90 minutes, or
approximately 7.2-inches total rain event.
The proposed ordinance requires a year round phosphorus ban and no
application of nitrogen containing fertilizer during the Prohibited Application
Period (which would include prior to a 4.8-inch per hour of rain event). There is
nothing in this referenced study that indicates a wet season ban is effective or that
any changes should be made to the proposed ordinance.
2. Referenced Study: Cisar, J. L., G. H. Snyder, and P. Nkedi-Kizza. 1991. Maintaining quality
turfgrass with minimal nitrogen leaching.
Special Interest Group Statement: “Florida soils are well-drained coarse-textured sands that have
little ability to retain either water or nutrients. The problem of N leaching is exacerbated by
frequent intense rainfall.”
Staff Response:
17.B.4
Packet Pg. 2716 Attachment: Attachment 4 Staff Report Common Misconceptions and Responses to Workshop Special Interest Group Comments (9361 :
3
To complete the quote used, “The problem of N leaching is exacerbated by the fact that
rainfall often intense, and irrigation and fertilizers are applied liberally to produce high-
yielding crops and quality turfgrass.” This speaks to intense rainfall, sandy soils and the
over-application of fertilizers and over-irrigation to grow an artificial crop.
The proposed ordinance prohibits application of nitrogen containing fertilizer during
the Prohibited Application Period (which includes prior to intense rainfall). There is
nothing in this referenced study that indicates a wet season ban is effective or that
any changes should be made to the proposed ordinance.
Special Interest Group Statement: “During periods of heavy rainfall, irrigation scheduling alone
may not prevent nitrate-N losses from conventionally applied water-soluble sources.”
Staff Response:
This statement speaks to the use of irrigation timing as a way to minimize nitrogen
leaching and indicates that during periods of heavy rainfall, other factors should be
considered like amount, frequency and type of fertilizer (slow release vs soluble). This
study does not conclude that fertilizer should not be applied during rainy season.
The study speaks to the amount and frequency of fertilizer application, which are both
addressed in the proposed ordinance via reference to the Turf Rule.
This study also speaks to slow release fertilizer which is required in the proposed
ordinance.
The proposed ordinance requires no application of nitrogen containing fertilizer
during the Prohibited Application Period (which would include prior to a heavy
rainfall) and slow release fertilizer. There is nothing in this referenced study that
indicates a wet season ban is effective or any changes should be made to the
proposed ordinance.
3. Referenced Study: Erickson, J.E., D. M. Park, J. L. Cisar, G. H. Snyder, and A. L. Wright.
2010. Effects of sod type, irrigation, and fertilization on nitrate-nitrogen and orthophosphate-
phosphorus leaching from newly established St. Augustine grass sod.
Special Interest Group Statement: “During establishment of St. Augustine grass, both NO3—
N and PO4-P nutrient leaching losses were strongly correlated with precipitation and drainage
as evidenced by the significant trial effects and high leaching losses during the wetter trials.”
Staff Response:
This study states:
o “In the present study, we examined the effects of sod type, fertilization, and
irrigation on turf quality, NO3–N and PO4–P leaching following St. Augustine
grass [Stenotaphrum secundatum (Walt.) Kuntze] sod installation.”
o “In the context of minimizing nutrient leaching, these results support the use of
muck-grown sod established during low rainfall periods with fertilization delayed
at least 30 DAI and with judicious use of irrigation.”
17.B.4
Packet Pg. 2717 Attachment: Attachment 4 Staff Report Common Misconceptions and Responses to Workshop Special Interest Group Comments (9361 :
4
o “Beyond trial effects, however, sod type was the primary factor affecting NO3–N
leaching and flow-weighted (NO3–N), with reduced losses found on the muck-
produced sod. In contrast, PO4–P leached and flow-weighted (PO4–P) were
primarily affected by fertilization.”
This study was done on newly placed sod to test leaching from sod grown in muck vs.
sand while fertilization, irrigation amounts, and timing were varied.
This study supports the phosphorus ban, requirements that no newly placed sod
should be fertilized with nitrogen or phosphorus within 30 day of installation, in
addition to use of the Turf Rule to determine nitrogen application amount. There
is nothing in this referenced study that indicates a wet season ban is effective or
that any changes should be made to the proposed ordinance.
4. Referenced Study: *multiple special interest groups referenced this study during public
comment* Lasso de la Vega, E. and J. Ryan. 2016. Analysis of nutrients and chlorophyll
relative to the 2008 fertilizer ordinance in Lee County, Florida. Florida Scientist 79:125-131.
Special Interest Group Statement: Fertilizer ordinance may have had a positive effect on the
reduction of nutrient concentrations in some stormwater ponds, which may have contributed
to the reduction of the relative abundance of planktonic algae.
Staff Response:
Staff agrees that the fertilizer ordinance (not a wet season ban) contributes to the
improvement of water quality conditions in runoff water reaching larger
waterbodies. However, this study did not compare dry season to wet season pond
data, therefore the differences between seasonal applications or lack thereof was
not evaluated.
This study did not take into account the overall implications of adopting the
fertilizer ordinance, which included annual fertilizer limits, slow release
requirements, training, certification, and prohibited application zones near
waterbodies.
This study makes assumptions about each community’s fertilization practices
before and after ordinance adoption. No reference is made to the community’s use
of reuse water for irrigation, changes in irrigation practices, or lake management
practices or treatments that may have been conducted and could affect algal
biomass or uptake of nutrients by aquatic plants.
The conclusions of this study do not attribute changes in water quality solely
to a wet season ban but rather to an overall fertilizer ordinance. There is
nothing in this referenced study that indicates a wet season ban is effective or
that any changes should be made to the proposed ordinance.
5. Referenced Study: Beever, L.B. 2016. 2014 Watershed summit: our vision in action.
17.B.4
Packet Pg. 2718 Attachment: Attachment 4 Staff Report Common Misconceptions and Responses to Workshop Special Interest Group Comments (9361 :
5
Special Interest Group Statement: Total phosphorus and total nitrogen had a statistically
significant decrease between pre- and post-adoption of all local fertilizer ordinances in the
Charlotte Harbor Estuary. Dr. Lisa Beever credits the reductions almost completely to the
ordinances.
Staff Response:
This study makes no statement about the effectiveness of a wet season ban. It only
compares pre-ordinance to post-ordinance water quality values. Included within
all of the local fertilizer ordinances studied were: annual fertilizer limits on N and
P, requirements for slow release, training and certification of applicators, and
prohibited application zones near waterbodies, all of which most certainly had an
impact on reducing the overall amount of nutrients applied to turf.
The conclusions of this study do not attribute reductions in nitrogen and
phosphorus solely to a wet season ban but rather to an overall fertilizer
ordinance. There is nothing in this referenced study that indicates a wet
season ban is effective or that any changes should be made to the proposed
ordinance.
6. Referenced Study: Listopda, C., Souto, L., Bohlen, P. 2015. Tampa Bay residential
stormwater evaluation final project report. Technical Report #02-15 of the Tampa Bay
Estuary Program.
Special Interest Group Statement: In the Tampa Bay watershed, water quality differences were
apparent among communities where stricter fertilizer ordinances were enacted.
Staff Response:
The study states:
o “The goal of the research is to combine socio-demographic and environmental
quality data in order to calculate lawn fertilizer-related nitrogen and phosphorus
inputs to the watershed. This project will compare socio-ecological variables and
characteristics in four Tampa Bay area communities, representative of different
fertilizer ordinances, in order to understand the impact that fertilizer ordinances
have on human behaviors and related nutrient dynamics.”
o “Scant data reported by professional landscape managers in the communities (n =
6) did not suggest that less nitrogen was applied during the study period, but they
did suggest that they were not typically applying nitrogen fertilizer during the
summer months. There has been some suggestion that the “unintended
consequences” of a seasonal restriction would be an increased N application rate
prior to and following the restricted season. Therefore, in this region, fertilizer
ordinances may not be affecting a total reduction in annual fertilizer N inputs by
17.B.4
Packet Pg. 2719 Attachment: Attachment 4 Staff Report Common Misconceptions and Responses to Workshop Special Interest Group Comments (9361 :
6
professionals. As a result, potential impacts to community water quality may
persist through time regardless of ordinances implemented within the region.”
There is nothing in this referenced study that indicates a wet season ban is
effective or that any changes should be made to the proposed ordinance. Note
the comment about unintended consequences of increased nitrogen
application prior to and following the restricted season. This means more
fertilizer gets applied during the dry season which is when more nitrogen
leaching occurs.
7. Referenced Study: Naples Bay Water Quality and Biological Analysis Project
Special Interest Group Statement: (highlights from the report):
“Because the majority of declining trends in wet season TN are shown for periods after
2008, the results may indicate that the implementation of the fertilizer ordinance in 2008
is a contributing factor to the decreasing TN trend observed in Naples Bay.”
“With the statistically significant decrease in wet season nitrogen and phosphorus at
some long-term Bay stations coinciding with the implementation of the fertilizer
ordinance, we cannot discount the importance of the ordinance as a potential
contributing factor to the decrease.”
Staff Response:
The City of Naples converted their wastewater treatment plant to Advanced Wastewater
Treatment in 2006 and started injecting effluent into an ASR well in 2011, both practices
significantly reduce the amount of nutrient impact to waterbodies.
For wet season total phosphorus, some declining trends in tributary concentrations were
evident prior to 2008, but concentrations in the bay show the biggest declines were from
2008-2014. Notably, total nitrogen and total phosphorus have decreasing trends at
Golden Gate Canal stations, which are not impacted by the City of Naples fertilizer
ordinance, but may be impacted by the Collier County’s fertilizer ordinance (which does
not have a wet season ban). At this time we have no information regarding the potential
reduction in fertilizer application timing or amounts within the City limits since the
City’s ordinance adoption.
However, with the statistically significant decrease in wet season nitrogen and
phosphorus at some long-term bay stations coinciding with the implementation of the
City’s fertilizer ordinance, we cannot discount the importance of the overall ordinance
as a potential contributing factor to the decrease.
The conclusions of this study do not attribute reductions in nitrogen and
phosphorus solely to a wet season ban but rather to an overall fertilizer ordinance.
Additionally, the City of Naples made significant improvement in wastewater
treatment and disposal during the time frame. There is nothing in this referenced
17.B.4
Packet Pg. 2720 Attachment: Attachment 4 Staff Report Common Misconceptions and Responses to Workshop Special Interest Group Comments (9361 :
7
study to indicate that a wet season ban is effective or that any changes should be
made to the proposed ordinance.
17.B.4
Packet Pg. 2721 Attachment: Attachment 4 Staff Report Common Misconceptions and Responses to Workshop Special Interest Group Comments (9361 :
Existing Collier County Ordinance No. 11-24 Proposed Ordinance
1. Phosphorus Application Phosphorus content/amount: Max. 0.25 lb /
1000 sq ft per application
Max. 0.5 lb / 1000 sq ft per year
(strongly encourage no Phosphorus)
No phosphorus is permitted, unless a soil test
determines deficiency
2. Nitrogen Slow Release
Content
No less than 30% slow release nitrogen No less than 50% slow release nitrogen
3. Reclaimed Water N/A If reclaimed water is used for irrigation, the nutrient
loadings of the reclaimed water MUST be included in
the fertilizer calculations
4. Deflector Shields Spreader deflector shield required when
fertilizing via a rotary/broadcast spreader
No change
5. Certification Requirement for
Commercial Fertilizer
Applicators
All commercial fertilizer applicators MUST
possess and carry the Florida Department of
Agriculture and Consumer Services (F.D.A.C.S.)
Limited Commercial Fertilizer Applicator
Certification pursuant to Rule 5E-14.117, F.A.C.
No change
6. Fertilizer Setback from Water No fertilizer within 10 ft of waterbody, wetland,
top of seawall or native buffers (3 ft with
deflector)
NO fertilizer within 10 ft of a waterbody, lake,
wetland, or storm drain. Not allowed within 3 feet
even with deflector shield.*Staff requests
authorization to research a potential LDC
amendment for a 10 ft "no turf zone" from
waterbodies except canals*
7. Fertilizer on Hard Surfaces No fertlizer on impervious surfaces No change
8. Grass/Plant Clippings No grass clippings and vegetative matter/debris
shall be washed, swept or blown into
waterbodies, stormwater drains, ditches,
conveyances, wetlands, sidewalks or roadways
NO grass clippings and vegetative matter/debris shall
be washed, swept or blown into waterbodies,
stormwater drains, ditches, conveyances, wetlands,
sidewalks or roadways. Failure to clean up
completely is an ordinance violation.
9. No Mow/Low Maintenance
Zone
voluntary 10 ft no low maintenance (no mow)
zone
No change. *Staff requests authoriziation to
research a potential LDC amendment for a 10 ft "no
turf zone" from waterbodies except canals*
10. Application Rate Per the Turf Rule No change
11. Wet Season Ban No fertilizer application when soils are
saturated, heavy rain (greater than 2 inches
within 24 hours) is likely, or during a storm or
flood watch/warning.
No change
Existing Fertilizer Ordinance Comparison to Proposed Ordinance
17.B.5
Packet Pg. 2722 Attachment: Attachment 5 Proposed vs Existing Ordinance Table (9361 : Fertilizer Ordinance)
FERTILIZER AND URBAN LANDSCAPING ORDINANCE
Danette Kinaszczuk, Pollution Control Manager
June 11, 2019
17.B.6
Packet Pg. 2723 Attachment: Attachment 6 Presentation Fertilizer Permission to Advertise 06-11-19 (9361 : Fertilizer Ordinance)
•February workshop
•Direction for more
stringent ordinance
•Based on
recommendations
Why Am I
Here?
Why I Live Green, Save Blue!
17.B.6
Packet Pg. 2724 Attachment: Attachment 6 Presentation Fertilizer Permission to Advertise 06-11-19 (9361 : Fertilizer Ordinance)
•Year-round phosphorus ban
•50% slow release nitrogen
•Accounting for nutrients in
reclaimed water
•A 10-foot setback to water for
fertilizer application
•Complete clean up of grass &
fertilizer on impervious
More
Stringent
17.B.6
Packet Pg. 2725 Attachment: Attachment 6 Presentation Fertilizer Permission to Advertise 06-11-19 (9361 : Fertilizer Ordinance)
•Prohibited
application period
•Follow turf rule
Science Based Regulation
17.B.6
Packet Pg. 2726 Attachment: Attachment 6 Presentation Fertilizer Permission to Advertise 06-11-19 (9361 : Fertilizer Ordinance)
•Florida Department of
Environmental Protection
•University of Florida-
Institute of Food &
Agricultural Sciences
•Department of Agriculture
& Consumer Services
Required
Input
17.B.6
Packet Pg. 2727 Attachment: Attachment 6 Presentation Fertilizer Permission to Advertise 06-11-19 (9361 : Fertilizer Ordinance)
•Fertilizer workshop
•Regulated community
•Special interest groups
Public
Outreach
17.B.6
Packet Pg. 2728 Attachment: Attachment 6 Presentation Fertilizer Permission to Advertise 06-11-19 (9361 : Fertilizer Ordinance)
RECOMMENDATION
To direct the County Attorney to
advertise and bring back for a public
hearing an ordinance repealing and
replacing Ordinance No. 2011-24,
regarding the Florida Friendly Use of
Fertilizer on Urban Landscapes.
17.B.6
Packet Pg. 2729 Attachment: Attachment 6 Presentation Fertilizer Permission to Advertise 06-11-19 (9361 : Fertilizer Ordinance)
1. Right Plant, Right Place
2. Water Efficiently
3. Fertilize Appropriately
4. Mulch
5. Attract Wildlife
6. Manage Yard Pests Responsibly
7. Recycle Yard Waste
8. Reduce Storm-water Runoff
9. Protect the Waterfront
9 Principles of Florida Friendly Landscaping
LDC Amendments?
17.B.6
Packet Pg. 2730 Attachment: Attachment 6 Presentation Fertilizer Permission to Advertise 06-11-19 (9361 : Fertilizer Ordinance)
Nutrient Management BMPs:
Good for the Turf –Good for the Environment
Dr. J. Bryan Unruh
Professor and Associate Director
University of Florida –IFAS
West Florida Research and Education Center
17.B.7
Packet Pg. 2731 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
J. Bryan Unruh, Ph.D.
•January 1996 –Joined the faculty at the University of Florida.
•January 2000 –First Fertilizer Ordinance –St. Johns County, FL
•July 2000 –Hosted the first meeting of the Turfgrass Best
Management Practices development group.
•GI-BMP development initiated in September 2000 and published
in 2002.
•June 2003 –Hosted the inaugural meeting to develop Florida Golf
Course BMP Manual
•Published in 2007.
•February 2006 –Launched the Florida Sod Production BMP Manual.
•Published in 2008.
17.B.7
Packet Pg. 2732 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
J. Bryan Unruh, Ph.D.
“As scientists, we are often prone to say, “Show
me the data.” Unfortunately, the data that we
have in hand is limited. It is limited to a few
studies primarily conducted in only one region of
the state; hardly enough to serve as the basis for
which these important BMPs can be based upon.”
-Dr. J. Bryan Unruh
BMP Development Meeting
Orlando, Florida
September 13, 2000
17.B.7
Packet Pg. 2733 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Comprehensive Urban Landscape Study
•Due to concern about the effects that lawn and landscape
management practices may have on natural water resources,
particularly in a state with abundant water resources, encroaching
urbanization, shallow water tables, karst soils, and other fragile
ecosystems and habitats, the FDEP funded a $4.2 million study.
•With the development and ensuing regulation of the BMPs, there
was a need to quantify nutrient loading from these practices under
different conditions and sites and to verify the currently
recommended rates of nitrogen and phosphorus for use on lawn
grass species throughout the state.
4
17.B.7
Packet Pg. 2734 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
“Evaluation of Urban Warm-Season Turfgrass Fertilization
and Irrigation Best Management Practices to Minimize
Nutrient Leaching Project”
17.B.7
Packet Pg. 2735 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
17.B.7
Packet Pg. 2736 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
17.B.7
Packet Pg. 2737 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
8
17.B.7
Packet Pg. 2738 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Key Findings
•Leaching from all N rates was similar,
except when N rates exceeded
recommendations.
2.0
4.0
6.0
12.0
1.0
4.0
7.0
10.0
0.04
0.05
0.06
0.14
0.02
0.04
0.05
0.15
17.B.7
Packet Pg. 2739 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Massive fibrous root system assimilates
copious quantities of nutrients.10
17.B.7
Packet Pg. 2740 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Key Findings
•Averaged across three trials, NO3–N
leaching was the same from the
unfertilized treatment and the 30
days after installation (DAI)
treatment, whereas fertilization at
installation doubled NO3–N lost (17
kg ha–1).
•BMP –do not fertilize newly
installed sod for 30-60 days after
installation.
11
17.B.7
Packet Pg. 2741 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
12
New sod initially
lacks the fibrous
root system and
nutrients can leach.
17.B.7
Packet Pg. 2742 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Key Findings
•Nitrogen applied at 49 kg ha-1 yr-1 led to
acceptable turf quality.
•Slightly elevated N leaching only occurred
during Cycle 3 (Feb. 20 –Mar. 22, 2018).
17.B.7
Packet Pg. 2743 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Key Findings
•Healthy, dense turf leaches a negligible
amount of applied nutrients.
17.B.7
Packet Pg. 2744 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Key Findings
•Damaged and unhealthy turf can lead
to increased nutrient leaching.
17.B.7
Packet Pg. 2745 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
•Football players need about
50 calories per 2.2 pounds
during the season.
–300 pound lineman = 6,818
calories
•What happens when a
lineman eats this many
calories in the off-season?
17.B.7
Packet Pg. 2746 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Growth Potential ModelingJAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECPercent Growth Potential0
20
40
60
80
100
Pensacola
Tallahassee
Jacksonville
Gainesville
Daytona Beach
Orlando
Tampa
Ft. Pierce
Naples
Ft. Lauderdale
Homestead
Key West
2
sd
optTobsT
2
1
1
e
100GP
17.B.7
Packet Pg. 2747 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Pensacola Tallahassee Jacksonville Gainesville
JAN 0.01 0.01 0.02 0.01
FEB 0.02 0.02 0.03 0.03
MAR 0.06 0.06 0.09 0.08
APR 0.16 0.15 0.19 0.18
MAY 0.40 0.39 0.42 0.39
JUN 0.62 0.61 0.60 0.57
JUL 0.68 0.67 0.66 0.63
AUG 0.67 0.66 0.64 0.61
SEP 0.56 0.56 0.55 0.52
OCT 0.23 0.22 0.27 0.25
NOV 0.06 0.05 0.09 0.08
DEC 0.01 0.01 0.02 0.02
3.5 3.4 3.6 3.4Growth Potential Modeling17.B.7
Packet Pg. 2748 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Ocala Daytona Orlando Tampa
JAN 0.03 0.04 0.06 0.06
FEB 0.05 0.05 0.08 0.08
MAR 0.13 0.11 0.17 0.17
APR 0.23 0.21 0.29 0.29
MAY 0.44 0.41 0.50 0.52
JUN 0.60 0.59 0.64 0.65
JUL 0.65 0.65 0.67 0.68
AUG 0.64 0.65 0.68 0.68
SEP 0.57 0.60 0.64 0.65
OCT 0.33 0.38 0.43 0.45
NOV 0.13 0.16 0.21 0.22
DEC 0.04 0.06 0.09 0.09
3.8 3.9 4.4 4.5Growth Potential Modeling17.B.7
Packet Pg. 2749 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Ft. Pierce Naples FTL Homestead Key West
JAN 0.08 0.11 0.17 0.14 0.25
FEB 0.09 0.12 0.19 0.16 0.27
MAR 0.17 0.21 0.28 0.25 0.37
APR 0.29 0.33 0.39 0.35 0.49
MAY 0.47 0.50 0.54 0.51 0.62
JUN 0.61 0.63 0.64 0.61 0.70
JUL 0.65 0.66 0.68 0.65 0.72
AUG 0.65 0.67 0.69 0.65 0.72
SEP 0.62 0.65 0.66 0.64 0.70
OCT 0.47 0.50 0.56 0.52 0.61
NOV 0.26 0.30 0.38 0.33 0.47
DEC 0.12 0.15 0.23 0.19 0.31
4.5 4.8 5.4 5.0 6.2Growth Potential Modeling17.B.7
Packet Pg. 2750 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
UF/IFAS Recommended Fertilizer Rates
Low High Low High Low High
Bahiagrass 2 3 2 4 2 4
Centipedegrass 1 2 2 3 2 3
St. Augustinegrass 2 4 2 5 4 6
Zoysiagrass 3 5 3 6 4 6
SouthCentralNorth
-------------- lbs N / Year ---------------
Low High Low High Low High
Bahiagrass 1 3 1 3 1 4
Centipedegrass 0.4 2 0.4 3 0.4 3
St. Augustinegrass 2 4 2 5 4 6
Zoysiagrass 2 3 2 4 2.5 4.5
-------------- lbs N / Year ---------------
SouthCentralNorth
Low High Low High Low High
Bahiagrass 50 0 50 25 50 0
Centipedegrass 60 0 80 0 80 0
St. Augustinegrass 0 0 0 0 0 0
Zoysiagrass 33 40 33 33 38 25
North Central South
Old Recommendations New Recommendations
% Rate Reductions
17.B.7
Packet Pg. 2751 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
What about reclaimed water?
•FDEP provides regulation of reclaimed
water utilities in Florida.
–Reclaimed water from advanced
wastewater treatment (AWT) facilities is
limited to no more than 3.0 ppm N and to
1.0 ppm total P.
•Using these maximum limits, the mass
balance indicates that excessive amounts
of water (more than 100 inches) would
be required to deliver even the lowest
recommended amounts of N for most
lawn grasses.
22
17.B.7
Packet Pg. 2752 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
City of Naples
Reclaimed Water
(sample taken from irrigation lake)
23
17.B.7
Packet Pg. 2753 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
What about reclaimed water?
RAIN ET
JAN 1.01 1.86
FEB 0.42 3.41
MAR 0.87 3.72
APR 0.79 4.96
MAY 8.21 4.03
JUN 8.7 5.27
JUL 7.93 5.27
AUG 9.03 4.65
SEP 6.18 4.65
OCT 0.78 3.72
NOV 1.82 2.48
DEC 1.39 1.86
47.13 45.88
17.B.7
Packet Pg. 2754 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
17.B.7
Packet Pg. 2755 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Laws are currently in place. . .
•As of January 2014, ALL commercial fertilizer applicators MUST BE
certified by FDACS in order to make ANY TYPE of fertilizer
application to:
–Commercial turf or ornamental areas;
–Turf or ornamental areas of parks or fields (other than agricultural areas);
–Turf or ornamental area of any residential property.
•Prior to issuance of this certification, the applicator MUST PROVIDE
proof of having received training in "Green Industry Best
Management Practices“ taught by UF/IFAS.
17.B.7
Packet Pg. 2756 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
27
17.B.7
Packet Pg. 2757 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
Practical Considerations
•Nutrients must be applied based on the plant’s ability to
assimilate them.
–This should supersede any calendar-based regimen.
•Healthy, dense turf is the key to minimizing environmental
impact of applied nutrients.
–As the health of the plant deteriorates –one can expect problems.
17.B.7
Packet Pg. 2758 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
www.gatorturf.com
www.facebook.com/gatorturf
J. Bryan Unruh, Ph.D.
West Florida Research and Education Center
University of Florida/IFAS
jbu@ufl.edu
@jbunruh
@UFTurfTeam
17.B.7
Packet Pg. 2759 Attachment: Attachment 7 Dr Unruh_Presentation (9361 : Fertilizer Ordinance)
17.B.8
Packet Pg. 2760 Attachment: Attachment 8 Legal Ad - Fertilizer and Urban Landscaping Ordinance (9361 : Fertilizer Ordinance)
17.B.9
Packet Pg. 2761 Attachment: Legal Ad - Agenda ID 9361 (9361 : Fertilizer Ordinance)