Native Plants Legislation

Native plants play a crucial role in maintaining fragile ecosystems that attract and support a variety of insect and wildlife species that are beneficial to the planet. Expansive commercial, agricultural, and residential land development, climate change, and the introduction of non-native and invasive plants have diminished or destroyed many natural habitats that have taken decades to adapt and flourish. Local governments are proposing policy changes and passing legislation to help communities plant with the purpose of reconnecting to their “native plant roots.”

What are native plants?

The National Wildlife Federation defines a native plant as one that has occurred naturally for thousands of years in a specific region, ecosystem, or habitat without human intervention. Native plants form symbiotic relationships with native wildlife over many decades, meaning that many native animals are dependent on these particular species to survive.

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Facing a harsh reality

A recent article in the blog Dave’s Garden, states that native gardens have become increasingly popular as communities worldwide seek ways to save vanishing local species, restore endangered plants native to their region, and reverse climate change. The United States is home to many plant species that are quickly disappearing because of urbanization, wildfires, disease, and invasive non-native plant species. Agencies are warning that our planet is experiencing high rates of plant extinction caused by humans. This is taking place approximately 500 times faster than scientists expected, with approximately 600 plant species disappearing in just 250 years.

Landscape preferences are damaging ecosystems

EarthScape, a popular blog that promotes native plant use, states that the landscapes we design and maintain have far-reaching consequences—not just for our well-being, but for the environment and the ecosystems around us. The widespread preference for manicured lawns—the largest irrigated crop in America—and the introduction of non-native plants into our landscapes have severely disrupted natural ecosystems, leading to a staggering loss of biodiversity.

A natural choice

By choosing to plant native species, communities can help restore the delicate balance that nature has cultivated over generations and foster healthier, more resilient ecosystems. An article from BobVila.com states some of the top reasons native plants should be a natural choice for communities:

Native plants use less water. This is because they’re suited to the climate, rainfall patterns, and soil conditions where they grow naturally.

Many native plants are drought tolerant and are suited to the climate, rainfall patterns, and soil conditions where they grow naturally. Non-native plants often need irrigation to survive.

They need less or no fertilizer. Gardeners must fertilize plants with high demand for nutrients, especially when the soil in which they grow is low quality, but many native plants have evolved to thrive in poor soil or extremes of local soil makeup.

Native plants need fewer pesticides. Eliminating or reducing reliance on chemicals benefits the environment, as pesticides and herbicides can pollute the soil and nearby bodies of water, which impacts wildlife depending on food and water sources.

They prevent erosion. Native plants have deep root systems that help prevent water runoff and soil erosion, in part by acting as a sponge to absorb excess water from heavy rain or irrigation.

They provide food and shelter for wildlife. Selecting native plants by region can provide habitat and food for local wildlife, including birds, pollinators, insects, and small mammals. They also provide nectar for migratory birds and pollinators.

They are less susceptible to disease. Thanks to natural selection, many native plants have developed resistance to diseases in their region. Those plants that were vulnerable to diseases in their natural habitat either adapted by developing resistance or died off.

They are not invasive. Native plants do not replace or kill other species.

Local governments are helping communities to plant with a purpose

A recent National Wildlife Federation article states that today more communities are planting with a purpose to help disappearing monarch butterflies, bees, songbirds, and other wildlife, and to reconnect their cities to the local ecosystem. These efforts are more important than ever in the U.S. as we work to combat the extinction crisis. The article cites three policy changes at the local level that can transform urban and suburban landscapes to create meaningful habitat for wildlife.

1. Pass Native Plant Ordinances

Wildlife relies on native plant communities for habitat. Cities, counties, and homeowners’ associations have control over what plants are installed in building landscaping, parks, medians, and other common areas. In large communities, this can add up to thousands or even tens of thousands of acres of potential habitat. Passing ordinances that require the use of native plants can make a big difference for wildlife.

In 2018, the County Executives for both Westchester County, NY and New Castle, DE, signed executive orders mandating that all county parks and landscaping around county buildings include 100% native plants. The Westchester County executive order also promotes education and outreach through demonstration gardens and partnerships. And in nearby Pennsylvania, the Township of Lower Makefield, passed an amendment to the Subdivision and Land Development provisions mandating 100 percent use of native plants used in new developments.

2. Update Weed and Vegetation Control Ordinances

Most cities and counties have rules in place to ensure homeowners and businesses maintain their landscapes and do not create a nuisance or hazard to neighbors or the community. These ordinances are typically designed to enforce a conventional landscape aesthetic of close-cropped lawn and ornamental plantings that unfortunately provide no wildlife habitat. Citizens that wish to use native plants to create a pollinator meadow or prairie patch often face city laws that prevent them from growing plants above 8 or 10 inches—even wildflowers.

The City of Minneapolis has an excellent model that supports wildlife-friendly landscaping while also ensuring public safety. Minneapolis residents can plant a prairie habitat, but it must be “planned, intentional and maintained,” devoid of noxious weeds and not create a safety hazard (i.e., blocking lines of site on roadways). The City of Austin, TX weed ordinance originally required that grasses and weeds more than 12 inches tall be cut down. The city later amended its landscape ordinance for yards that have been designated “Certified Wildlife Habitats” in the National Wildlife Federation’s Garden for Wildlife program, a project operated by the city’s parks department to promote neighborhood habitat.

3. Designate No Mow Zones

When and how municipalities mow parks, trails, open space, and other areas can make a big difference for wildlife. Creating and managing “no mow zones” in appropriate places across cities allows native plants to grow and wildlife to flourish. It also saves cities and counties (and taxpayers) money through reduced maintenance costs. The National Wildlife Federation encourages cities with no mow zones to post signage and educate the public about the benefits to both wildlife and people.

In Greeley, CO, the city works to communicate their “no mow” policy to residents by providing details about the timing of mowing and which areas are on reduced mowing schedules. Pinellas County in western Florida created a video to explain their “no mow” policy to the public, sharing the many benefits to people and wildlife, while saving the county money each year in maintenance costs.

Useful examples of native plants legislation from the eCode360^® Library

If your community is interested in legislating or updating ordinances to regulate native plant use, here are some useful examples that can be found in our eCode360 Library:

Updating your municipal code is vitally important

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