Gardens in the Front Yard, Chickens in the Back Yard, and Living Lawnmowers: A Report on Urban Farming Erin Hartigan Assistant County Attorney Lake County Sarah Taitt Assistant County Attorney Osceola County
Urban Farming in a Nutshell Urban farming Growing plants or raising animals within and around urban areas Popular interest in urban farming Impacts How local government is responding
Land Use Controls in U.S. Roots in Elizabethan England An Act Against the Erecting and Maintaining of Cottages, Parliament 1589 1 cottage per four acres of land
Early American Land Use Controls Laws of the Indies, 1573 First known land development regulations in America Guided development throughout the entire period of Spanish rule
Land Use Controls in the U.S. In the American colonies, public entities (provincial land office, chartered company, or town) frequently regulated: Building height and building material Drainage of wetlands Removal of nuisance vegetation destructive to wheat crops
The Rise of Zoning 1898-Massachusetts restricts building height around Copley Square to 90 feet Williams v. Parker, 188 U.S. 491 (1903) 1910-Los Angeles prohibits brickyards in certain areas Hadacheck v. Sebastian, 239 U.S. 394 (1915)
The Equitable Building The Equitable Building in New York 38 stories with no setbacks Cast seven acre shadow
1916 Zoning Resolution 1916-New York enacted the country s first comprehensive zoning code Separated city into zones Established height and setback controls Remained in effect until 1961
Standard Zoning Enabling Act 1921 advisory committee on zoning Appointed by Secretary of Commerce (and later president) Herbert Hoover First edition published in 1924
Euclidean Zoning
Euclidean Zoning Village of Euclid v. Ambler Realty 272 U.S. 365 (1926) Zoning is constitutional exercise of police power Zoning extends and improves on nuisance law
Benefits of Euclidean Zoning Separates incompatible uses Predictability re. potential uses Objectivity, ease of determining compliance
Criticisms of Euclidean Zoning Lack of flexibility Sprawl development Automobile-dependent Extreme segregation of uses
Mixed Use Development Blends different uses within close proximity Return to traditional pattern of development Rise of New Urbanism
Benefits of Mixed Use Zoning Allows supportive uses to co-exist Reduces urban sprawl Pedestrian and bicycle friendly Builds community
Criticisms of Mixed Use Zoning Merges incompatible uses High construction costs Lack of affordable housing
History of Urban Farming
Link to Major Economic Downturns World War I, Depression, and World War II Federal government encouraged Americans to grow their own food Some 20 million victory gardens were planted during World War II
Return to Rural Farming After each crisis passed, farming returned to rural area
Right to Farm Development pressure Urban sprawl
Right to Farm Right to Farm Acts (RTFA) Nuisance protection for agricultural activities Florida passed a Right to Farm Act in 1979 (F.S. 823.14) All States have some kind of RTFA
Urban Farming in the 21 st Century
Social Movement Changing attitudes toward food production Local v. Commercial Organic v. Chemical Community pride
Economic Downturn The Great Recession Self sufficiency Blight and Investment
Health and Environment Health Food Deserts 100% Natural Environment Efficient use of resources Reduced pollutants
Zoning for Urban Farming Regulate use based on intensity, not type Reduce restrictions on agriculture as primary or ancillary use Establish zoning controls Setbacks Buffers Size and number limitations Hours of operation Parking
Gardens Household gardens Community gardens Rooftop gardens
Household Gardens The growing and cultivation of fruits, flowers, herbs, vegetables and/or ornamental plants by the owner or occupant primarily for personal use.
Illegal Front Yard Garden: Canadian Couple s Kitchen Garden Targeted by Authorities Huffington Post, July 19, 2012 The Battlefront in the Front Yard The New York Times, December 19, 2012
Oak Park Woman Faces Jail Time for Growing Vegetable Garden Forbes, July 7, 2011
College Park, Orlando Code enforcement violation for failure to maintain ground cover on property
Urban Farming ~ Animal Husbandry
Backyard Chickens
Escambia Once Again Looking at Chicken Ordinance NorthEscambia.com, March 28, 2013 Lake delays decision on allowing backyard chickens till fall OrlandoSentinel.com, June 20, 2013 Pasco County commissioners consider allowing backyard chicken coops Tampa Bay Times (tampabay.com), May 21, 2013
Backyard chickens rule roost in Tampa, not the county Tampa Bay Times (tampabay.com), July 24, 2013 Manatee County to consider allowing Backyard Chickens Bradenton Herald (bradenton.com), March 19, 2013 Chicken ban: Orange County clucks at coop proposal - Backyard coups [sic] OK in city, not allowed in county jurisdiction WESH 2 News (wesh.com), August 6, 2013
Some FL Jurisdictions Recently Addressing Urban Chickens CURRENTLY PERMITTING CURRENTLY PROHIBITING City of Orlando Hillsborough County Pinellas County City of Hollywood Escambia County Orange County Hernando County City of Tampa City of Sarasota Manatee County Osceola County City of DeBary
2009: Pre-Backyard Chicken Craze
DeBary letting family keep backyard chickens Daytona Beach News-Journal (news-journalonline.com), November 7, 2012 Family with chickens cited by Code Enforcement 175 residents & family s attorney came to Council meeting to ask for special exception to Code Council took immediate action to create pilot program
Interesting/Noteworthy Provisions in Urban Chicken Codes Required education Roosters Free range v. cooped Neighbor consent Religious exception
Noise & Odor Chicken clucking commonly compared to human conversation both register around 65 decibels. Illegal Fowl by Jaime Bouvier, 42 ELR 10888 Odor ensure proper ventilation of coops and regularly clean them
Backyard Chickens: What to Know, Things to Consider Chickens are social animals Pecking order is real Egg production depends on breed and season Coops should be predator-proof Vet care ~ self-education
Goats are the New Chickens Willamette Week (wweek.com), December 30, 2009
Move over chickens and bees; goats could be bound for St. Louis St. Louis Post-Dispatch (stltoday.com), August 27, 2013 San Diego City Council Approves Backyard Chickens, Goats and Bees KPBS Radio News (kpbs.org), February 1, 2012
Group seeks to allow goats and pigs in Lexington neighborhoods Lexington Herald-Leader (www.kentucky.com), February 15, 2012 Denver City Council eases way to own chickens, goats at home Denver Post (denverpost.com), June 21, 2011 The Chickens and Goats Next Door: an Oakland Snapshot SPUR Ideas and Action for a Better City (spur.org), December 5, 2011
Backyard Goats: What to Know, Things to Consider On avg. 2 goats can provide as much as a half gallon of milk per day. Year-round milk requires planning! Milking 2x/day task, milking equipment, pasteurization Vet care: Find vet that will see ruminants.
Living Lawn Mowers Cleveland s Mow Goats Pilot Program 4 goats mow /prune vacant lot in 2 hours; manure taken to local community gardens. News Channel 5 (newsnet5.com), June 12, 2012 City of Chicago awarded contract for max $100K to company that will use goats, sheep, llamas, burros to mow 120 acres at O Hare Airport. NBC Chicago (nbcchicago.com), August 13, 2013 Oakland and its urban fire goats Oakland City Council designates Wildfire Prevention Assessment District funds for goat grazing. KTVU (www.ktvu.com), June 17, 2013
Cited for Use of Mowing Goats July 2013: in Knox County, TN, homeowner used 20 goats to eat kudzu on his property; cited by Code Enforcement. Channel 6 (wate.com), July 23, 2013
Other Urban Farming Trends ~ Bees & Fish
Florida Honey Certification and Honeybee Law Chapter 586, Florida Statutes State preemption Authority to regulate, inspect and permit managed honeybee colonies Establish rules regulating the placement and location of honeybee colonies
Reasons for State Preemption (F.S. 586.10) Florida honey industry has annual worth of $13 million (and allows for approx. $20 mil. in increased fruit/veg production via managed pollination services). Bee survival threatened colony collapse disorder ; reasons unknown. Florida beekeepers must register with the Department, undergo inspection and renew certification annually.
Aquaculture/Aquaponics Aquaculture is the cultivation of marine or freshwater food fish, shellfish, or plants under controlled conditions. Hydroponics is growing plants in nutrient-enriched water instead of soil. Aquaponics is the integration of aquaculture with hydroponics, in which the waste products from fish are used to fertilize hydroponically growing plants.
Florida Aquaculture Policy Act Chapter 597, Florida Statutes Aquaculture is agriculture Florida Fish and Wildlife Conservation Commission Issues permits for aquaponic food production No permit needed for personal use Potential Preemption
Urban Farming Regulation Tips Avoid overcomplicating Act proactively, not reactively (see: City of Orlando) Involve local community and stakeholders Keep in mind Health, Safety and Welfare
Short term Future of Urban Farming Is Urban Farming a lasting trend? Right to Farm Protection for urban farming? Quality of Life How will nuisance laws evolve?
When tillage begins, other arts follow. The farmers, therefore, are the founders of human civilization. Daniel Webster, Remarks on Agriculture Thanks for listening! Erin Hartigan Assistant County Attorney Lake County (352) 343-9787 ehartigan@lakecountyfl.gov Sarah Taitt Assistant County Attorney Osceola County (407) 742-2200 sarah.taitt@osceola.org