Couple's win forces Smiths Falls to revisit approach to 'naturalized' lawns

A Smiths Falls, Ont., couple say they're pleased the town has rescinded an order to uproot their "naturalized" lawn,but fear the battle isn't over yet.

Instead of a manicured lawn and garden, Beth and Craig Sinclair planted 150 trees and other native plant species in front of their bungalow. The couple, who moved to Smiths Falls from Seattle about a decade ago, said natural lawnslike theirs are commonin their former city.

We can restore so much of nature in our lawns.- Craig Sinclair

"I thought I should do something better with my lawn," Craig Sinclair said.

"We're trying to make a difference for ecology," Beth Sinclair agreed.

Before plantingthe Sinclairsresearched the benefits of naturalized lawnsand informed the town of their plan. That didn't stop numerous visits from bylaw officers, who told themtheirbird feeders were too close to the ground, among other things.

Last October, the couple noticed their yard was an item on thecouncil agenda, accompanied by a17-page report that detailedneighbours' complaints and recommended they be required to tame their yard. Council agreed, and an order was issued.

Couple hired a lawyer

The coupleenlistedlawyer David Donnellyto help. On Jan. 25, they appealed council's decision to the town's property standards committee, but lost on two of three of the items in dispute.

The Sinclairsthen appealed to Ontario's Superior Court, and earlier this monththe town backed down andrescinded the original order.

Donnelly said similar caseshave gone the homeowner's way, establishing a precedent.

"People are allowed to grow natural gardens as part of their environmental ethic," he said. "These complainants were using the bylaw officers as a kind of an instrument to enforce their own esthetic."

The couple say they've received plenty of local support, and pointed out the starkcontrast between the town's stance and the City of Toronto's, where gardens that attract pollinators such as bees and butterfliesare eligible for a grant of up to $5,000.

In an email, Kerry Costello, the town's director of corporate services, saidSmiths Falls is now in the process ofreviewing its property standards bylawand will be considering a new provision for naturalized yards.

WATCH |Bylaws may make people 'afraid' of growing a natural lawn, advocate says:

Bylaws may make people afraid of growing a natural lawn, advocate says

2 years ago

Duration 1:39

Craig Sinclair, of Smiths Falls, Ont., says his town ordered him and his partner to rip up their naturalized lawn. They contested that order in Ontario Superior Court and the town backed down, but Sinclair says the fight isnt over.

A 'very outdated idea'

But Beth Sinclair said the experience has nevertheless been upsetting.

"It's very sad the way bylaw works, that one person can complain incessantly and get the response. And so much of the town's resources being spent on this is really sad."

Nina-Marie Lister, a professor at the School of Urban and Regional Planning at Toronto Metropolitan University, said it's a common source of conflict.

"There are many smaller municipalities in Ontario, and some larger ones, that continue to have vaguely worded and arbitrarily enforced municipal standards bylaws," said Lister, currently a visiting professor of landscape architecture at Harvard University.

Lister and her studentshave developed a model bylawthat wasused by the City of Toronto in revising its own rules governing landscape design on private property.

"It's a little bit odd that we're still adopting a kind of very old colonial mentality that the only thing for a yard is a monoculture or a single species of turf grass that it isn't even native," she said. "And it takes an enormous amount of water, energy inputs like fertilizers and sometimes pesticides to maintain this very outdated idea."

A partial victory

The Sinclairssaid itfeels like onlya partial victory.

"Until the bylaws change in all the 400 municipalities inOntario, I don't feel very satisfied," Craig Sinclair said."I want everybody in Ontario to not just have the right to do it, but for it to be encouraged. We can restore so much of nature in our lawns."

Smith Falls Mayor Shawn Pankowsaid he regrets the conflict over the Sinclairs' lawnbut believes some good may come of it.

"I know this caused the Sinclairs a fair amount of grief, and it's been a bit of a challenging environment for a lot of people through this," Pankow said."But the outcome is that the town will develop a naturalization bylaw.

"I would like to see a policy which is fairly liberal[while] respecting that it may not suit the taste of everybody, but recognizing the merits ... for both for wildlife and for the natural environment."

The town has posted a survey online.The revisedbylaw is expected to come to council in June.