A year after being ordered to remove native plants and landscaping features next to the sidewalk in front of their homes — but then given a temporary reprieve — property owners along a short stretch of Victoria Avenue once again have a deadline to clear the municipal right-of-way.

As two of the acceptable alternatives, the City of Windsor suggests green lawn or artificial green Astroturf.

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“Non-compliance to the order will cause the City to undertake the required remedial action,” says a July 18 letter delivered to four adjacent homes in the 1300 block, each with a removal deadline of Aug. 2. After that, a city public works inspector warned, the municipality would do the work and bill the property owner.

It might come as a surprise to many Windsorites who undertake or simply enjoy naturalized boulevard beautification, but under Bylaw 25-2010 there is very little in the way of landscaping that is acceptable — absent a paid permit or signed encroachment agreement — along the city right-of-ways next to sidewalks and streets.

It was only three months ago that Windsor’s public works department amended its right-of-way “engineering best practice” document by adding “ground cover” (plants up to four inches in height) to the previously permitted list of just grass or Astroturf.

“It’s very frustrating … what we have is so much better for the environment,” Elizabeth Hanes said of the forbidden plants at her neatly landscaped Victoria Avenue address.

The front yard and boulevard, she said, boast native species that are drought tolerant, don’t require watering and have a cooling effect during heat waves like the one the city is currently experiencing. Not only do their plants and garden draw constant positive comments from passersby, added husband Rob Thibert, but when Windsor experiences another downpour threatening neighbourhood basement flooding, he said the native plants, shrubs and trees in front of their home capture much more rainfall runoff than any monoculture lawn.

Ward 3 Coun. Rino Bortolin said he’ll be bringing up the matter at city council’s next meeting in August. He believes there are easily thousands of other Windsor properties that would run afoul of Bylaw 25-2010, which covers any encroachment into city-owned lands, whether it’s landscaping, a tree, shrub or rock, a wall, fencing, hedge or widened driveway.

All it takes, said Bortolin, is an angry neighbour or anyone else calling the city’s 311 line and lodging a complaint, as was the case with the four targeted property owners in the 1300 block of Victoria Avenue.

Don’t blame bylaw or public works inspectors, he said: “When there’s a complaint, the city has to act.”

Bortolin said his issue is with the bylaw itself. “What I believe is that our policies lean too strongly to risk aversion rather than to quality of life — we allow liability to be the determining factor,” he said.

“We get complaints and we have to do our due diligence,” said Andrew Lewis, the city’s right-of-way and field services co-ordinator. “If something were to happen, we’d get sued,” he said, adding that’s been the city’s experience with passersby slipping, tripping or falling on and over plants and objects placed in the public right-of-way.

“It’s not their property to do as they see fit,” Lewis said, adding he’s all for beautification of those public right-of-way spaces. Landscaping and planting native species along the right-of-way in Windsor is not forbidden, he said, but it might require a permit (starting at $212) and the homeowner assuming liability through an encroachment agreement that includes insurance coverage.

Having seen little action taken on the political front since the first notices were issued a year ago on their block, Hanes, Thibert and their neighbours said they hope to be able to address city council in the near future. They’ve also just launched an online “Allow bio-diverse plants on city easements” petition on change.org.

Calling the current bylaw and rules “just archaic,” Hanes points to “more progressive” bylaws in other cities. Guelph, for example, even pushes the concept, stating on its municipal website that “a boulevard garden can greatly enhance your neighbourhood with colourful, fragrant plants … (and) add interest and texture to an otherwise uninspiring part of your property.”

Guelph not only encourages alternatives to grass but offers advice on planting methods, lists which species are best suited for a given location and provides maintenance tips.

Lewis said Bylaw 25-2010 — one of only a few enforced by public works inspectors rather than the city bylaw officers — is “pretty straightforward” and designed to protect the public, as well as fend off lawsuits targeting the city. He described the recently amended BP3.2.2 Engineering Best Practice document as “evolving” and something city council can direct administration to review further.

Meanwhile, said Lewis, his department is asked to respond to about 1,000 right-of-way complaints called into 311 by citizens annually. “About 80 per cent of those result in some sort of order or educational visit,” he said.

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