Committee backs Sen. Daughtry bill to protect the use of native plants in landscaping
AUGUSTA — On Thursday, the Legislature’s Judiciary Committee voted in favor of a bill from Sen. Mattie Daughtry, D-Brunswick, to promote native plants in landscaping, while supporting the rights of homeowners. LD 649, “An Act to Promote Water Conservation and Water Quality and Create Habitat for Wildlife, Including Pollinator Species, by Protecting Low-impact Landscaping,” received a majority vote of ought to pass as amended.
“More and more, homeowners are saying no to ecologically damaging grass lawns, and saying yes to clover, dandelions and native plants that support local pollinators. This bill makes sure that Maine homeowners have the freedom to grow plants that support the local environment, rather than being stopped by restrictive HOA regulations,” said Sen. Daughtry. “I’m grateful to the committee for their thoughtful discussion and support of this bill.”
As amended by the majority report from the committee, LD 649 would prohibit condo associations and homeowner associations from restricting landscaping techniques that conserve water, lower maintenance costs, provide pollution prevention and create habitat for wildlife. This would apply to any proposed restrictions put in place after Jan. 1, 2024.
The pesticides typically used on turf lawns contaminate run-off and can lead to ecological hazards including algae blooms. Last year, Brunswick suffered a major clam die-off. One factor was the runoff of lawn fertilizers and pesticides, which contributed to the death of 4 acres of softshell clams in Maquoit Bay. Lawn fertilizers and pesticides that contain nitrogen and phosphorous run-off into the water and cause algae blooms. When the algae die and decompose, oxygen levels drop dramatically and choke out other marine life, including shellfish seedlings. Freeport and Harpswell experienced similar clam die-offs.
In December 2022, the New York Times published an article titled “They Fought the Lawn, and the Lawn Lost.” The article tells the story of a Maryland couple, Janet and Jeff Crouch, who replaced their grass turf lawn with native plant beds. After a decade of gradual replanting, the homeowner association ordered the Crouches to rip out the native plants and restore their grass turf lawn. The Crouches hired a lawyer and took the homeowner association to court. Shortly after, a Maryland state representative asked the Crouches if their case could form the basis of a new environmental law. The lawmaker drafted a bill that forbade homeowner associations from banning pollinator plants or rain gardens or from requiring property owners to plant turf grass. Maryland became the first state to limit homeowner control over eco-friendly yards.
“As our population grows, wild landscapes are increasingly replaced with suburban backyards and grass lawns punctuated with non-native perennials and shrubs that support very few species of wildlife. In fact, the United States has planted over 62,500 square miles — some 40 million acres — of lawns! That is almost twice the land area of Maine!” said Andrew Tufts on behalf of Maine Audubon during the public hearing for the bill. “Even a modest increase of native plant cover on suburban properties would greatly increase the diversity of insects, birds and other animals that use those landscapes and, in turn, strengthen Maine’s and the nation’s biodiversity.”
According to the National Conference of State Legislatures, Maine is one of the 19 states that do not have any laws addressing pollinator health. Nearly one-fourth of Maine’s population lives in HOA communities.
LD 649 now faces votes in the Senate and House.
