New Marshall ordinance allows front-yard gardens

Ordinance updates include pollinator habitat, flower and vegetable gardens

MARSHALL -- New language in Marshall city zoning ordinances is geared at making habitat for pollinators like bees and butterflies. However, it will also make it possible to turn a front lawn into a garden.

After a public hearing Tuesday, the Marshall City Council approved ordinance changes defining pollinator gardens, and removing nearly all limitations on where flower, vegetable or pollinator gardens can be planted.

There were no members of the public who spoke at Tuesday's hearing. However, council members talked about different concerns voiced by members of the council's legislative and ordinance committee and the Marshall Planning Commission.

In the proposed ordinance updates, "pollinator gardens" are defined as gardens containing plants that are listed as pollinator-friendly by the Minnesota Board of Water and Soil Resources. The height of the vegetation in a pollinator garden is not to exceed 15 inches, and must be cut to that height at least once a year between April 15 and July 15.

"This is triggered by a legislative change," Marshall City Attorney Pam Whitmore said of the proposed ordinance updates. "There's a new state law that allows for these types of gardens, so the legislature just wants to make sure they're not completely prohibited."

The proposed ordinance changes group pollinator gardens, vegetable gardens and flower gardens together and treat them in the same way, said assistant planning and zoning administrator Ilya Gutman.

However, the biggest proposed change was that there would no longer be rules on where flower, vegetable or pollinator gardens could be planted on a residential property. Before, city ordinances had said vegetable gardens could not be planted in front or side yards. The proposed update removed that language, and instead said that gardens could not be planted in the right-of-way, and had to be five feet away from property lines and buildings.

Gutman said the proposal had been considered by both the L&O committee and the Planning Commission. The Planning Commission expressed concerns about having pollinator gardens in front yards, and recommended that gardens not be allowed to take up more than 25% of a front yard.

Council member James Lozinski said the L&O committee had not recommended size restrictions for the gardens. There are already some properties in Marshall with flower gardens covering more than 25% of the front yard, he said.

"That's why we left it where it is. If it's not on the road right-of-way, L&O felt that it's appropriate, because it's their yard," Lozinski said.

Council member Amanda Schroeder said that the Planning Commission had supported size limits based on concerns that gardens might not be properly maintained.

"They were worried about it becoming out of control, or seeding into their neighbors' yards," she said.

"It passed 3-1, there was actually opposition by one (member) to not have it at all in the front yard," Schroeder said. "Everybody understands the need and the want, it was just concerns about overgrowth, mostly."

Lozinski moved that the proposed ordinance change go back to the L&O committee's recommendations, with only a five-foot setback and no limits on garden size.

"Why do we put in ordinances if we're probably not going to enforce 25%? And who's going to go out and check the 25%?" Lozinski said. "I would make a motion that we eliminate the 25%, and approve the ordinance as written."

Schroeder said the ordinance would be enforced through complaints reported to the city.

Council members voted 6-1 to approve the ordinance changes without the 25% limit. Schroeder cast the dissenting vote.