Canada

How a bylaw complaint sparked a rethinking of urban gardening

Andrew Fyfe never intended to sow the seeds of a gardening revolution when he planted a few tomatoes, herbs and daisies in the narrow strip between the sidewalk and the curb outside his New Edinburgh home five years ago.

“I got tired of mowing the lawn, to be honest,” said Fyfe, who was also inspired by a neighbor in the central Ottawa community who had already put his front porch to better use.

“I saw the possibilities for it and just gave in to the whim to do something other than having grass and weeds.”

Then, last summer, someone—Fife didn’t know who—broke into town and a charter officer visited him.

It really doesn’t make sense to penalize residents just for trying to beautify their neighborhoods. – Count. Rawlson King

Based on this single complaint and the fact that his plants were occupying a city strip, Fyfe was ordered to remove his garden or remove it at his expense.

Instead of complying immediately, Fyfe planted something else on his one-by-three-metre plot: a chair with a petition citing his alleged transgression – “failing to ensure that any tree or plant overhanging a highway does not obstruct or endanger anyone using the highway” — and asks passers-by if they think the garden is worth fighting for.

“I wanted to see if my neighborhood felt the same way,” he said.

This photo, taken through Fife’s screen gate, shows the chair and petition he placed in the middle of his garden on the edge last summer. (Submitted by Andrew Fife)

“I was blown away”

When Fyfe checked the petition a few weeks later, there were 180 signatures.

“I was blown away,” he said. “I was so surprised, but I was so pleased.”

On a rainy September morning, Fife City Councilor Rawlson King stopped by to see the garden for himself.

Neighbors soon rallied around and soon agreed on two things: Fife’s suburban garden needs to be saved and the city’s rules about what residents can and can’t do with the right-of-way in front of their homes are woefully inadequate.

“The legislation, the legal framework that provides guidance on what is permissible, is almost non-existent,” Fyfe said. “Needs an update.”

King agreed.

“There is no clarity at all,” he said.

Rideau-Rockcliffe County. Rolson King agrees that the city’s curb gardening rules need more clarity. “It really doesn’t make sense to penalize residents just for trying to beautify their neighborhoods.” (Francis Ferland/CBC)

According to King, a few homeowners with landscaped gardens have gone through an obscure and onerous process to obtain a special permit, but most probably haven’t.

He starts working with Cone. Laura Dudas to clarify the bylaw, and in early May the city’s Transportation Commission passed Dudas’ proposal asking staff to come back next year with what King calls “a direct approach to naturalizing and beautifying the right of way the road”.

“If they’re not imposing on the streetscape, if they’re not affecting landmarks, there’s really no point in punishing residents for just trying to beautify their neighborhoods,” King said.

WATCH | Andrew Fyfe dismissed the by-law order:

A bylaw complaint sparks a neighborhood push to save the garden on the brink

Ottawa resident Andrew Fyfe opposed a bylaw to remove the garden he planted on city property in front of his house, saying the space could be used for much more than just grass and weeds.

Other cities encourage border landscaping

This may include suggestions on what to plant and how high those plants can be allowed to grow. It will also clarify what is not allowed, such as tomato cages or similar structures.

Officials were also asked to study how other municipalities are dealing with the problem.

In Mississauga, for example, a similar grassroots movement grew into a three-year pilot project called Flowering boulevards to create a network of pollinator-friendly gardens across the city and even provide residents with free seeds for flowers that attract bees and butterflies.

Guelph, Halifax and Vancouver, where edge gardens have become something of a tourist attraction, have also taken steps toward not only legalizing but normalizing the practice.

According to Fife’s city bylaw department, it was ordered to remove its garden because it “failed to ensure that any tree or plant extending over a highway did not obstruct or endanger anyone using the highway.” (Francis Ferland/CBC)

“It seems like municipalities have been slow to update these outdated bylaws because of climate change concerns,” noted Raewyn Khosla, a neighbor of Fyfe’s who signed his petition and became active in the movement to update Ottawa’s curbside gardening rules.

“We recognize there are safety issues and so on, but other municipalities have worked them out.”

An outdated obsession with weed

Khosla believes that the current bylaw, which promotes cut grass instead of native flowering plants, is rooted in colonial thinking. Environmentally, naturalized gardens are better in almost every way, she said.

“Towngrass is a monoculture, it’s a bit of an ecological disaster.”

New Edinburgh resident Raewyn Khosla signed Fyfe’s petition and became active in the movement to legalize horticulture in Ottawa. (Francis Ferland/CBC)

King agreed that the city’s apparent preoccupation with weed was “very much in the 1950s state of mind,” especially when Ottawa declared a climate emergency.

“I think it makes more sense to have natural gardens, pollinator gardens that actually contribute to the favorable ecology of the city,” he said.

Fyfe’s experience exposed another serious flaw, King noted: The city’s complaint-based enforcement system can be, and routinely is, used as a weapon by feuding neighbors.

“Oftentimes if neighbors have disputes with other neighbors, they’ll pick up the phone and use bylaw services to retaliate in a sense,” King said.

“Obviously it’s a waste of resources, especially if the gardens that are in the rights of way don’t create a challenge.”

Raewyn Khosla, left, and Andrew Fyfe talk outside the Fyfe home. (Francis Ferland/CBC)

Khosla said she would like to see the popularity of fringe gardening expand beyond Ottawa’s densely populated central neighbourhoods.

“What I’d really like to see is Barrhaven and Orléans, the places with boulevards that are meters wide, there could really be a fantastic garden situation there,” she said.

“Hopefully it will catch on.”

You can fight the town hall

Khosla said the experience also showed her that you can fight City Hall and sometimes you can even win.

“The process takes time, but it’s very positive to know that you can actually make a positive difference,” she said.

A neighbor grows lilies and poppies on the longer edge next to Fife’s. (Francis Ferland/CBC)

For Fyfe, one of the unexpected benefits of the whole ordeal has been the new relationships he’s made with his neighbors.

“You’re always running into people, and it’s a reason for people to stop,” said Fyfe, who recently added garlic to his usual selection.

“Relationships develop along with growing a garden, I think that’s what’s really rewarding for me,” he said as he cut a stalk of cilantro.

“I also really like having my herbs available.”