10-24 Bill No. 2023-13 Transitory 19.351
BILL NO. 2023-13
AN ORDINANCE AMENDING SUBSECTION 925.06 OF THE RICHFIELD CODE OF
ORDINANCES RELATING TO PUBLIC NUISANCES AND LAWN MAINTENANCE
AND ALLOWING MANAGED NATURAL LANDSCAPES PURSUANT TO STATE
LAW
THE CITY OF RICHFIELD DOES ORDAIN:
Section. 1. Subsection 925.06 of the Richfield City Code is amended as follows:
925.06. - Public nuisance special provision: Lawn maintenance.
Subdivision 1. Preamble. The City Council finds that there are a variety of landscapes
in the City that add diversity and a richness to the quality of life. There are community
expectations, however, that an area that has been disturbed, landscaped, or otherwise
maintained, will continue to be maintained in a consistent manner. When vegetation in
that area is not continually maintained, it becomes aesthetically unpleasing and violates
community standards. Property that appears neglected may decrease the value of
adjacent properties. In addition, if vegetation is not properly maintained, there may be
the following adverse impacts on public health, safety, and welfare:
a.Undesirable vegetation such as common buckthorn, quackgrass, and other
weeds may invade and threaten to supplant other more desirable vegetation;
b.Vegetation that causes allergic reactions, such as ragweed, may develop; and
c.Tall vegetation along driveways and public roads may impair visibility when
entering or exiting public roads.
The City Council also finds that it is in the public interest to allow citizens to choose the
type of landscaping on their properties and to make changes in that vegetation. As a
protection for the larger community, however, this change in vegetation must be
properly managed and maintained and the length of the transition period must be
minimized.
The Council finds that the establishment of prairie and meadow plant communities is
an acceptable landscape treatment in the City. This requires special consideration,
however, because weeds will grow during the first few years of transition before the new
vegetation predominates, resulting in an appearance of neglect. Therefore, the Council
finds that this type of vegetation is acceptable if it is properly maintained to shorten the
transition period and if notice is given of the intended result.
In contrast, the transition to trees and other woody species does not require special
consideration because untended grass or weeds are not a necessary part of that
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transition period. Rather, the transition period is shortened by eliminating competition
around the seedlings through such techniques as organic mulch.
The City Council enacts this subsection to balance the public interest in a variety of
vegetation with the public need to ensure proper maintenance of that vegetation. The
Council finds that establishing a height limitation for certain vegetation is in the best
interest of the public health, safety, and welfare as outlined above and is a reasonable
maintenance standard.
Subd. 2. Definitions. For purposes of this subsection, the following words have the
meanings specified below.
a. "Managed natural landscape" means a planned, intentional, and maintained planting
of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but
not limited to rain gardens, meadow vegetation, and ornamental plants. Managed
natural landscape does not include turf-grass lawns left unattended for the purpose of
returning to a natural state. Managed natural landscapes may include plants and
grasses that are in excess of eight inches in height and have gone to seed, but may not
include any noxious weeds and must be maintained;
a.b. "Meadow vegetation" means grasses and flowering broad-leaf plants that are
native to, or adapted to, the State of Minnesota, and that are commonly found in
meadow and prairie plant communities, except weeds.
b.c. "Noxious weeds" are those plants so designated by the State of Minnesota under
Minn. Stat. § 18.77, subd. 8.
c.d. "Regularly cut" means mowing or otherwise cutting the vegetation so that it does
not exceed six (6) eight (8) inches in height.
e. "Ornamental plants" means grasses, perennials, annuals, and groundcovers
purposely planted for aesthetic reasons;
f. "Rain garden" means a native plant garden that is designed not only to aesthetically
improve properties, but also to reduce the amount of stormwater and accompanying
pollutants from entering streams, lakes, and rivers;
d. g. "Turf grasses" are grasses commonly used in regularly cut lawn areas, such as
bluegrass, fescue and rye grass blends, and non-woody vegetation interspersed with
them, intended to be maintained at a height of no more than eight (8) inches; and
e.h. "Weeds" include all noxious weeds, buffalobur, burdock, common cocklebur,
crabgrass, dandelions, jimsonweed, quackgrass, common and giant ragweed, field
sandbur, velvetleaf, and wild sunflower. Weeds also include anything that is
horticulturally out of place. For example, a tree seedling is a weed in a vegetable
garden, in a gutter or near the foundation of a house or garage. A property owner may
establish that a plant or plants are not horticulturally out of place by providing a written
landscape plan for the area in question, complete with a listing and locations of plant
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species. The plants specifically listed above may not be included within the landscape
plan. Vegetation that does not comply with this plan are weeds.
Subd. 3. Maintenance standard. The maintenance standard in this subsection applies
to property that has been developed with a building as defined in the building code,
including vacant property combined with developed property for tax purposes, and a
parcel of property that has been completely or partially disturbed by demolition, grading
or other means in preparation for development or redevelopment.
a.All turf grasses and weeds, including weeds within a meadow vegetation area,
must not exceed a height of six (6) eight (8) inches, measured from the base at
ground level to the tip of each stalk, stem, blade, or leaf.
b.This requirement does not apply to the following:
(1)A wetland or floodplain designated in the zoning ordinance and
required wetland buffers or those voluntarily created by a landowner when
compatible with the character of the neighborhood and the intent of the
Wetland Protection Ordinance, Section 427 of this Code;
(2)A drainage pond or ditch that stores or conveys stormwater;
(3)The Woodlake Nature Center;
(4)An area in which the land and vegetation appears not to have been
graded, landscaped, mowed, or otherwise disturbed by human or
mechanical means at any time. Determination of what constitutes this type
of area will be based on a reasonable judgment of the present appearance
of the area. The recent history of the area may be relevant to this
determination; and
(5)An area established with meadow vegetation if:
(a)The prior vegetation is eliminated and the meadow vegetation is
planted through transplanting or seed by human or mechanical
means; and
(b)A sign is posted on the property in a location likely to be seen by
the public, advising that a meadow or prairie is being established.
This sign is required only if the meadow vegetation is in an area
likely to be seen by the public. This sign must be in addition to any
sign permitted by the sign ordinance but must be no smaller than
ten (10) inches square, no larger than one (1) square foot, and no
higher than three (3) feet tall.
(6)A managed natural landscape as defined in this subsection.
Subd. 4. Declaration of public nuisance. The following are public nuisances subject to
abatement under this section:
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a.Noxious weeds;
b.Vegetation that does not meet the maintenance standard specified in
subdivision 3 above; and
c.Vegetation that violates the sight-distance standards in subsection 925.01,
subdivision 4(a) of this Code.
Sec. 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield City
Charter.
Adopted by the City Council of the City of Richfield on this 24th day of October 2023.
Mary Supple, Mayor
ATTEST:
Dustin Leslie, City Clerk