HomeMy WebLinkAbout2024-003RESOLUTION 2024-003
A RESOLUTION IN SUPPORT OF THE INDIAN
RIVER COUNTY STRICT RAINY SEASON BAN
URBAN FERTILIZER ORDINANCE
WHEREAS, Nutrient pollution - excess nitrogen and phosphorous - originates from many
sources, including urban stormwater;
WHEREAS, Nitrogen and phosphorus fertilizer applied on lawns and landscapes can leach
and contribute to nutrients entering waterways through run off from yards, potentially negatively
impacting the health of waterbodies;
WHEREAS, Nitrogen and phosphorous pollution -fueled algae blooms can produce toxins and
deplete oxygen in the water, killing fish, submerged aquatic vegetation and seagrass meadows, other
aquatic organisms, waterfowl, pets, and livestock;
WHEREAS, several critical bodies of water in Indian River County are designated by
Florida's Department of Environmental Protection as impaired, including but not limited to, the Indian
River Lagoon, which are of critical environmental, economic, and recreational importance to our
community;
WHEREAS, Harmful algae blooms, fish kills, and the degradation of our natural resources
has negative economic impacts on our local tourism economy and the property values and quality of
life of our residents;
WHEREAS, the County's ordinance and education program to manage the timing,
quantity, and content of fertilizers applied to urban landscapes are the most cost-effective steps
taken by Indian River County to better manage stormwater and protect water quality and the
quality of life of residents;
WHEREAS, Indian River County is one of eighteen counties and over one hundred
municipalities that have adopted "strong" urban fertilizer ordinances that include strict, no
exemption, rainy season application bans and a number of other protective provisions related to
the content and rate of fertilizer application;
WHEREAS, Section 85 of Chapter 2023-240, the Implementing Bill for the General
Appropriations Act for fiscal year 2023-24 provides "in order to implement Specific
RESOLUTION 2024-003
Appropriation 146 of the 2023-2024 General Appropriations Act, a county or municipal
government may not adopt or amend a fertilizer management ordinance, pursuant to s. 403.9337,
Florida Statutes, which provides for a prohibited application period not in existence on June 30,
2023;
WHEREAS, the proviso language of Specific Appropriation 146 of the 2023-24 General
Appropriations Act provides in part that 1250,000 in nonrecurring state funds shall be used by the
University of Florida Institute of Food and Agricultural Sciences (IFAS) to evaluate the effectiveness
of the timing of seasonal fertilizer restrictions on urban landscapes toward achieving nutrient target
objectives for waterbodies statewide";
WHEREAS, the science behind the many strong local fertilizer ordinances is voluminous;
every local government that has adopted a strong ordinance since 2007, and especially since 2009,
has a public record of all of the science used to determine the viability of a strong ordinance in the
respective watershed. In 2009, Florida Statute (403.9337) mandated that each ordinance stronger
than the Florida Department of Environmental Protection (FDEP) Model ordinance be "science -
based, and economically and technically feasible". Since that date ordinances covering 16
counties, and in most cases all of their respective municipalities, have been adopted and
implemented;
WHEREAS, the Florida Department of Agriculture and Consumer Services (FDACS) has
never challenged the legality or the science behind any of the existing ordinances. In December
2014, the Florida Department of Agriculture and Consumer Services (FDACS) updated the
labeling requirements for DIY bags of turf fertilizer in the state to include the following language:
"Check with your county or city government to determine if there are local regulations for fertilizer
use"; and
WHEREAS, the fertilizer industry's response has been positive. In 2015 Scotts®
announced a new summer -safe, no N -no P, turf product, an example of how many fertilizer
manufacturers have embraced these ordinances and provided products that are compliant with
local regulations; now, therefore, be it
NOW, THEREFORE, BE IT RESOLVED, that the Indian River County
Commissioners reaffirms its resolute support of and steadfast commitment to, the current strong
urban fertilizer ordinance that is more stringent than the state model baseline to manage
2
RESOLUTION 2024-003
stormwater better and help curb nutrient pollution in our waterways to protect our community's
natural resources, quality of life, property values, and local tourism economy.
The Clerk will transmit a copy of this Resolution to the Governor, the President of the
Florida Senate, the Speaker of the Florida House of Representatives, the respective Chairs and
membership of the Senate and House Appropriations Committees, the Secretary of the Florida
Department of Environmental Protection, and the Commissioner of the Florida Department of
Agriculture and Consumer Services.
This Resolution shall take effect immediately upon its approval by the Indian River
Board of County Commissioners.
The foregoing Resolution was offered by Commissioner Joseph E. Flescher and
seconded by Commissioner Susan Adams, and, upon being put to a vote, the vote was as
follows:
Chairman Susan Adams
AYE
Vice Chairman Joseph E. Flescher
AYE
Commissioner Joseph H. Earman
AYE
Commissioner Deryl Loar
AYE
Commissioner Laura Moss
AYE
The Chairman thereupon declared the Resolution duly passed and adopted this 9t" day
of January, 2024.
•Gpti1
Attest: Ryan L. Butler, Clerk of INDIAN RIVER COUNTY, FLORIDA-,*** .•••••M1S ••
Court and Comptroller BOARD OF COUNTY C9afi1(1ISI9VJ
By YjVjj.� Ii2g
Deputy
Appr ved.
John A. Titkanich, Jr.
County Administrator
Chairman s ;,
o/aLR��ER COONS
Approved as to form and legal sufficiency ......
vy.,
William K. DeBraal
County Attorney