The Smiths, Ont. Couple say they are pleased that the city has revoked the order to eradicate their “naturalized” lawn, but fear the battle is not over.
Instead of a maintained 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 lawns like theirs are a common sight in their former city.
We can restore so much of nature to our lawns. – Craig Sinclair
“I thought I should do something better with my lawn,” said Craig Sinclair.
“We’re trying to change the environment,” Beth Sinclair agreed.
Before planting, the Sinclairs researched the benefits of naturalized lawns and briefed the city on their plan. This did not prevent numerous visits by officials to the bylaw, including one who gave them tickets that they had bird feeders too close to the ground.
Last October, the couple noted that their yard was an item on the council’s agenda, accompanied by a 17-page report describing detailed complaints from neighbors and recommending that they be obliged to tame their yard. The council agreed and an order was issued.
The Sinclair front yard last summer. (Craig Sinclair)
The couple hired a lawyer
The couple enlisted the help of lawyer David Donnelly. On January 25, they appealed the council’s decision to the city’s Property Standards Commission, but lost two of three of the disputed points.
The Sinclairs then appealed to the Ontario Supreme Court and won. Earlier this month, the city revoked the original order.
Donnelly said similar cases have also gone the way of homeowners, setting a precedent.
“People are allowed to grow natural gardens as part of their environmental ethics,” he said. “These applicants used the employees of the by-law as a kind of tool to impose their own aesthetics.”
Craig Sinclair says most of his front yard complaints are about his appearance, but he believes wild plants are a better choice for the environment than maintained lawns. (Submitted by Craig Sinclair)
The couple says it has received a lot of local support and points to the stark contrast between the city’s position and the city of Toronto, where gardens that attract pollinators such as bees and butterflies qualify for grants of up to $ 5,000.
In an email, Kerry Costello, the city’s director of corporate services, said Smiths Falls is now in the process of revising its bylaws on property standards and will consider a new provision for naturalized ships.
WATCH Bylaws can make people “afraid” of growing natural grass, says the lawyer
Bylaws can make people “afraid” of growing natural grass, says the lawyer
Craig Sinclair of Smith Falls, Ontario, says he has received numerous visits from law officials about his naturalized lawn and, finally, an order to comply with city council. He challenged the order in the Ontario Supreme Court and won – but said the battle was not over.
“A very old idea”
But Beth Sinclair said the experience was upsetting.
“It’s very sad the way the bylaw works, that one person can complain all the time and get an answer. And so much of the city’s resources spent on that are really sad.”
Nina-Marie Lister, a professor at the School of Urban and Regional Planning at the University of Toronto Metropolitan, said it was a common source of conflict.
“There are many smaller municipalities in Ontario and some larger ones that continue to have vaguely worded and randomly applied municipal standards,” said Lister, who is currently a visiting professor of landscape architecture at Harvard University.
Nina-Marie Lister, a professor at the School of Urban and Regional Planning at the Metropolitan University of Toronto, says the idea that lawns should be maintained is “a kind of very old colonial mentality.” (Johnny CY Lam)
Lister and her students developed a model bylaw that was used by the city of Toronto to review its own rules governing the landscaping of private property.
“It’s a little strange that we still adopt a kind of very old colonial mentality, that the only thing for a yard is a modern culture or a kind of grass that isn’t even local,” she said. “And it takes a huge amount of water, energy inputs like fertilizers and sometimes pesticides to sustain this very outdated idea.”
Partial victory
Sinclairs say their victory feels like only a partial victory.
“Until the bylaws change in all 400 Ontario municipalities, I don’t feel very happy,” said Craig Sinclair. “I want everyone in Ontario not only to have the right to do so, but to be encouraged. We can restore so much nature to our lawns. ”
The city’s bylaws ordered the Sinclairs to remove all plants within three meters of the road. This photo was taken last fall. (Craig Sinclair)
Smith Falls Mayor Sean Pankow said he regretted the conflict over Sinclair Meadow, but believed there could be some good.
“I know it caused a lot of grief for Sinclair and it was a bit of a challenging environment for a lot of people,” Pankov said. “But the result is that the city will develop a bylaw for naturalization.
“I would like to see a policy that is quite liberal [while] respecting that it may not suit everyone’s taste, but recognizing the merits … of both wildlife and the natural environment. “
The city published an online survey. The revised rules are expected to enter the council in June.
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