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Lee County's Landscape & Fertilizer
Best Management Practices Ordinance
Quick Picks ~ Updated May 27, 2008!
News & Announcements
Meeting Dates
Important Contact Information
May 27, 2008
Lee County has experienced a general decline in the quality of its surface water. An example of this decline has been exhibited in the Caloosahatchee resulting in harmful algal blooms, fish kills, and negative impacts to human health and our economy.
Declining water quality is due to increasing nutrient pollution from various sources including fertilizer, septic tank & package plant failure, atmospheric and road runoff deposition from cars, and improper disposal of yard & other wastes to name a few.
 The result of nutrient pollution is most often algal blooms. Algae responds proportionally to the amount of nutrients in a waterbody and one of the direct sources of nutrients is stormwater runoff carrying excess fertilizer. Thus, the restricted application of nutrients with the proper utilization of fertilizer is one method of addressing nutrient pollution.
The Caloosahatchee and many of its tributaries are verified impaired for nutrients by FDEP and are scheduled for Total Maximum Daily Load (TMDL) development in 2008-2009. Local governments such as Lee County are required to restore waterbodies under State and Federal regulatory enforcement resulting from this State legal action.
In December of 2006, the Lee County Board of County Commissioners directed staff to develop an ordinance to regulate the unrestricted application of nutrient sources such as fertilizer. The reasoning behind this effort is due to the tremendous local impact of algal blooms on both the local economy and local aquatic resources as well as studies in other areas of Florida that have illustrated the contribution of residential fertilizer application as non-point source pollution.
Over the last year, Lee County's Division of Natural Resources has been developing a Landscape and Fertilizer Best Management Practices Ordinance. In cooperation with the University of Florida IFAS/FYN programs, members of industry and the environmental community as well as private citizens a draft has been put before the Lee County Board of County Commissioners for consideration.
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 Provisions for the draft Landscape & Fertilizer Best Management Practices Ordinance (final 05/27/08):
All landscape companies must be registered with Lee County.
- There must be at least one professional on site at all times who is Florida Green Industries Institute trained and certified.
Fertilizer shall not be applied June 1-September 30.
Exemptions: Golf courses provided that they are following the Florida Golf Course Best Management Practices and agriculture covered under the FL Right to Farm Act or livestock operations not covered under FRFA both utilizing FDACS BMPs.
Phosphorus content; 0.25 lbs. P2O5/1000 ft2 per application nor exceed 0.50 lbs. P2O5/1000 ft2 per year.
Nitrogen content; no less than 50% slow release nitrogen is required. No more than 4 lbs of nitrogen per 1000 ft2 in any calendar year.
Fertilizer shall not be applied to any water body or impervious surface.
A spreader deflector is required to be used near all waterbodies/wetlands and impervious surfaces.
Mandatory 10 foot no fertilizer buffer zone near all waterbodies and wetlands measured from top of bank.
Homeowners are encouraged to follow the practices outlined and referenced in the ordinance and to seek education with the Lee County Florida Yards and Neighborhoods Landscape Program, however education is not currently mandatory.
Lee County has a one (1) year grace period before the ordinance goes into effect however violations will be still be subject to a warning.
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Update – May 2008
Local
At the December 4, 2007 public hearing for the proposed Lee County Landscape and Fertilizer Best Management Practices Ordinance the BOCC directed staff to include language applicable to homeowners in this ordinance. The Board of County Commissioners has not made a final decision as to what level of regulation would apply to homeowners or if the ordinance will apply on a voluntary basis. The public hearing for the final adoption of the fertilizer ordinance was held on May 13, 2008 at 5pm. The ordinance passed with revisions and the Board directed staff to form a task force to create a public education proposal to be adopted into the Lee County administrative code within 60 days. Click here to download a copy of the final ordinance.
State
During Legislative Session 2008 the Florida House and Senate considered passing HB 1267/SB 2352 to create a mandatory statewide fertilizer ordinance model and statewide regulation of commercial fertilizer applicators. The sponsors of the Fertilizer bill have conceded and that the bill, which was discussed in Committee this past week, is dead.
Fertilizer application has gained state and national attention. The State of Florida assembled a task force to develop recommendations for public education, research and regulation programs to address this issue. For more information on the Task Force recommendations to the legislature this past session please visit the Florida Fertilizer Task Force website.
Meeting Schedule
No meetings are scheduled at this time. The follow up meeting for the Lee County Fertilizer and BMP Education Task Force will be scheduled within 60 days of the date the ordinance was passed. (May 13, 2008)
What you can do…
Professionals: For more information about getting your business registered with Lee County, please contact Karen Bickford with the Lee County Division of Natural Resources 239-533-8706, kbickford@leegov.com. To find out more about Florida Green BMPs training and certification please contact Stephen Brown with the Lee County IFAS Extension Office at 239-533-7513, brownsh@leegov.com.
Homeowners: To learn more about proper use of fertilizer and Florida Friendly landscape practices please contact Tom Becker at 239-533-7515 or tbecker@leegov.com. Florida Yards & Neighborhoods has class offerings and publications for homeowner fertilizer and landscape best management practices.
For more information about the ordinance, draft copies, and meeting dates please contact; Karen Bickford, Division of Natural Resources, 239-533-8706, kbickford@leegov.com.
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