Sen. Daughtry introduces bill to protect the use of native plants in landscaping
The use of native plants, rather than non-native turf lawns, supports pollinators and protects local water supplies
AUGUSTA — On Monday, Sen. Mattie Daughtry, D-Brunswick, introduced a bill 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,” was the subject of a public hearing before the Legislature’s Judiciary Committee.
“For years, scientists, biologists, plant enthusiasts and many more have been sounding the alarm over the detrimental impact of non-native lawns. Thankfully, there are successful ways to maintain a beautiful, green front yard without the environmental hazards of non-native monoculture,” said Sen. Daughtry. “Using native, pollinator-friendly plants in landscaping, rather than turf lawns, supports the health of our local environment. More than that, the pesticides typically used on turf lawns contaminate run-off and can lead to ecological hazards including algae blooms, which contributed to the large clam die-off in Brunswick last year. Despite this, across the country, homeowner associations are trying to ban pollinator-friendly lawns and mandate turf lawns. We need to protect Maine from these kinds of ridiculous, harmful restrictions.”
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.
LD 649 would prohibit certain restrictions on landscaping techniques that conserve water, lower maintenance costs, provide pollution prevention and create habitat for wildlife. The restrictions that are prohibited are those that would increase costs, decrease efficiency or require the use in whole or in part of turf grass.
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. “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.
No one testified in opposition to the bill.
LD 649 faces further action in committee.
