This September a conflict between the municipal government of Kansas City Missouri and a resident caught some considerable international attention on Twitter. Both the KC Star [1] and KCUR [2] provided news coverage concerning an order the City gave to a resident to mow down the wildflowers that filled his steep front yard. These were deemed to be violating a city ordinance prohibiting the overgrowth of “rank weeds and noxious plants.” Sierra Club members should be aware that the consequences of a city’s weed ordinance ultimately impact the environment and the prospects of climate change.

KCMO ordinance Chapter 48, §48.1 defines “rank weeds” to mean “thickets or any vegetation which may emit noxious odors or any vegetation which is ten inches or more in height, including but not limited to grasses and unattended growths of other plants, bushes and shrubbery.” This language would seem to label as “rank weeds” any plants over 10 inches in height. Yet, this section includes a relevant exception to this definition that excludes “cultivated or attended plants, bushes or shrubbery.” [3]

What it means to have plants that are “cultivated or attended” is not defined in this ordinance. Clearly it would be good to know, since “cultivated or attended” plants might escape condemnation by the City. But, apparently the definition relies more on the subjective opinion of the city official. According to the KC Star editorial, the resident was informed to cut down “what any code inspector would consider weeds.”

The KCUR article identified an additional resident who spent many months battling with the city over a code violation notice for weeds growing more than 10 inches tall. She eventually was able to convince the City’s housing court that the native plants were indeed being “cultivated.” Clearly, improvements need to be made to the ordinance to provide residents the means to know whether they are complying with the law that does not necessitate relying on the idiosyncrasies of enforcement officials. There are municipalities and state departments of transportation in the United States, which cultivate native plants of wildflowers, legumes, and grasses, that would easily result in code violations in Kansas City. [4]   The City could provide an enumeration of all species of concern on a noxious weed list to ensure that these are appropriately controlled.

But, more is needed than merely tightening the definitional language of this ordinance to encourage a broader embrace by the community for the use of native plant species in their gardens and yards. Because of the many environmental benefits that derive from native plants, the City needs to take a completely different perspective than what is traditionally used in planting yards for what it deems to be appropriate for Kansas City. Because of the ability of tall grasses and prairie plants to sequester carbon in their deeper roots, they are considered among the most cost-effective and scalable solutions to mitigating climate change. [5]  With climate change likely resulting in periodic water shortages, planting native low-water-consuming vegetation, which has become the law in many other cities, will become of greater necessity as a climate change adaptation measure. Furthermore, a greater variety of plants provides a superior habitat for wildlife, such as pollinators, songbirds, and other forms of wildlife. Additionally, since natural landscapes do not need pesticides, herbicides, or fertilizers, the harmful effects of such chemicals can be eliminated.

The call for landscaping with natural plants has led other cities to respond in various ways. Some cities have qualified their traditional noxious and rank weed ordinances either with a setback clause (indicating an area measured at the front or perimeter of the lot, where vegetation may not exceed a certain height) or with specific exceptions for environmentally beneficial landscapes. Another direction is to follow the examples of Long Grove, Illinois, or Fort Collins, Colorado, and enact legislation which not merely permits, but promotes natural landscaping. Proactive policies could include requiring developers to include scenic easements, planted with native plants, between homes and major streets, in subdivisions. [6]

Sierra Club members are encouraged to check the weed ordinances in their communities to determine whether updating is needed and to contact their representatives on city councils to alert them to these issues. Sierra Club members residing in Kansas City should consider making remarks about the need for changes in city ordinances to allow for more native planting in the city in the surveys currently being deployed by the KCMO Office of Environmental Quality (The Climate Protection & Resiliency Plan [7]) and the KCMO Planning & Development Department (KC Spirit Playbook [8]).