So your neighbors don’t like your backyard habitat

          Nature is a big part of your life, so when you began landscaping your home, there was no question the needs of wildlife would be included in the plan. All the bushes and trees provide something: nectar, fall fruits, food for caterpillars, cover for birds. Close to the house, flower gardens in the cottage garden style support more butterflies (and hummingbirds, and insects) than you thought possible. On an outlying portion of your lot, you have created a native grass and wildflower meadow, seeing no point in a vast expanse of lawn. You’re still amazed at the numbers of insects and birds that forage for food there. In your eyes, your property is the envy of the neighborhood.

          Then the shoe drops. You get a certified letter from the municipality, informing you that your landscape does not comply with local ordinances. Specifically, the one about weeds. Turns out that your beautiful wildflowers and native grasses are perceived by the community as a nuisance. A date of two weeks hence has been set for compliance. Failure to do so will result in fines.

          What do you do?

          This scenario is not far-fetched. Sometimes habitat gardeners are called out for their meadows. Sometimes it is ponds (more specifically mosquitoes) that draw the public’s attention. Even the masses of flowers, and the insects backyard habitats draw, can be the root of the negative attention. The result is that homeowners who welcome wildlife onto their properties may be marginalized.

          Wildlife gardeners see their properties not only as a personal oasis, but as an integral component of the mosaic of habitats that support all non-human wildlife in our suburbanized area. To be prohibited from maintaining their habitat would take away one of their avenues of citizenship in the natural world. Yet, if they maintain their habitat, they are called bad citizens by the local community.

          It is important to recognize an important tenet behind the ordinances used against backyard habitats. Communities must have some standard of property maintenance for the good of all residents. Otherwise, some residents would not maintain their property at all and homes sporting sidewalks overgrown and impassable would be scattered throughout town. Tall grass and weed ordinances give the community means to enforce against such neglect.

          However, a backyard habitat isn’t a neglected landscape. Just as much time (or more) goes into its creation and maintenance as a more traditional design. The differences are mainly stylistic. In a nation as concerned with acceptance of diversity as ours, a bit of landscape diversity should be too minor to bother with. Unfortunately, it is not always the case.

          What can habitat gardeners do when faced with a case of community or neighborly disapproval? Some of the solutions occur “upstream” from the problem. The objective is to avoid negative perception of the garden. For example, if you have a meadow, treat it like a landscape island. Don’t allow tall grasses to grow up to your property line. Instead, mow around the area, creating an attractive shape that will look planned to passersby. An inviting path and bench will go even further toward fostering the planned look (you know you planned the area, you are just trying to convince everyone else). Be sure to include some colorful flowers in your meadow, even if you have to use annual species until the perennial varieties become established.

          Signs can be used to tell others what you are doing. A cute “Wildlife Crossing” or “Butterfly Meadow” sign, prominently displayed, clearly shows your intentions. Garden statuary can be used to much the same effect. Look at these as opportunities to be creative and educational, not as chores, and it will be fun.

          Make sure traditional areas of your property are well-maintained. If you have lawn, keep it neatly mowed and trimmed, even though it may be as much ‘weeds’ as grass, since habitat gardeners avoid herbicides. Keep the edges of your garden beds neat; don’t allow the lawn and garden to straggle together. Make sure your compost pile is well hidden. All this will factor into the overall perception of your property, minimizing the perceived negatives associated with habitat gardening practices.

          Sometimes, upstream efforts are not enough. Most people want to live in harmony with their neighbors and live the way they want. Complaints about a garden shatter hopes of live-and-let-live and imply that conformity to the gardening norm is expected. All that most habitat gardeners want is acceptance.

          If a complaint is directly from a neighbor, friendly education and assurance may be all that is necessary. Most pond complaints will center around mosquitoes, a legitimate concern. No one, including you, wants to be bothered by biting insects, health concerns (such as West Nile virus) aside. Let your neighbors know that the dragonfly larvae living in your pond will take care of any mosquito larvae that end up there. If your pond is new, and attracting mosquitoes before the dragonflies find it, most garden centers stock BT (Bacillus thuringiensis) products, a biological mosquito control that is specific to mosquitoes. One of these products can be used as a short-term solution until dragonflies find your pond and begin laying eggs. Assure your neighbor that if dragonflies don’t find your pond (highly unlikely, but they don’t know that) you’ll put fish in to control mosquitoes.

          Show neighbors concerned with a meadow all the beautiful butterflies feeding there. Prepare copies of relevant articles from New Jersey Audubon and other magazines to show them you didn’t make up the fact that Monarch butterfly caterpillars eat only milkweed, not marigolds or petunias. Offer to share some of your extra plants with them. Kindness goes a long way toward fostering understanding.

          If a complaint is from an enforcement agency in your town, you have a more difficult task. Your first step should be to visit City Hall and read carefully through the ordinance(s) you have been charged with violating. It may be possible to make a case that your garden is a variation of a permitted use and not prohibited by the ordinance. For example, it may be possible to argue that a meadow is cultivated. The native grasses are essentially no different than the ornamental grasses widely offered at garden centers. The same goes for wildflowers; they are not substantially different from other perennial flowering species. It is the arrangement that is atypical, and that is a matter of artistic expression.

          If mosquitoes are the complaint, you may have to produce a third party to confirm your pond is not breeding mosquitoes. Many N.J. counties have mosquito commissions that may examine your pond for the presence of mosquito larvae. If not, the local Cooperative Extension Service may be able to refer you to someone. If mosquito larvae are found in your pond, you will have to do something; BT products are a good place to start.

          If you are unable to satisfy your municipality with explanations of your intent, you have two choices: Pay your fine and comply or take the matter to court. Granted, paying your fine and changing your garden may be the least expensive and least time consuming of the two options, but it does nothing to broaden the public’s perception of what is acceptable. You, John Q. Gardener, are in a position to influence society to be more flexible in the way it views gardening and wildlife.

          If you choose to go to court, you’ll have to build your case to specifically counter the ordinance you have been accused of violating. An ordinance banning tall weeds, but permitting tall cultivated plants, is countered by making the case that your garden is cultivated. The same goes for cottage-style gardens, or tree and shrub areas that are densely planted. The denseness is intended, and you know how much time you spend maintaining it. You just have to convince a judge.

          The scope of how to go about defending your habitat in court is beyond the scope of this article. If you find yourself in such a situation, it will be expensive and time-consuming, but you will be a pioneer, broadening the public’s perception of gardening practices. History is full of examples where society has been changed by individuals standing up for what they think is right. Hopefully you will never have the opportunity to become an example, but if you do have the chance you have the opportunity to affect change and benefit the natural and human communities.

          Happy gardening! ?