In Ohio, Residents Fight for the Right to Mow

In Ohio, Residents Fight for the Right to Mow

In the quiet suburbs outside of Columbus, Ohio, homeowners and local authorities have been locked in a feud over their yards and their right to mow — or not to mow.

Along affluent stretches of waterfront property north of the city, the fight has been over the right to trim their lawns. And in a small town to the east, a couple is battling over their right to keep their yard lush and wild.

The pro-mowing residents who live by the region’s three drinking-water reservoirs have spent years skirmishing with city officials in Columbus, which owns adjacent land on the edges of the banks.

The city’s park staff used to come by with mowers and trimmers. But in the 1990s, Columbus decided it could better safeguard its water supply from pollutants by letting the native prairie grass, flowers and shrubs grow free — along with prickly patches of thistle, twisting vines of honeysuckle and rotting trees.

After some rebel residents cranked up their lawn mowers and tree trimmers, Columbus cracked down. What the homeowners thought was sprucing, the city considered criminal trespassing. A couple of years ago the city even slapped three of the mowing renegades with misdemeanor trespassing charges.

But residents scored a victory this year when state lawmakers tucked a provision into their annual budget bill that prohibited Columbus authorities from interfering with property owners who “beautify” or remove invasive plant species from municipal property next to their homes. The measure takes effect this fall.

“Well, I’ve got a chain saw, and I’d like to clean a lot of it out of there,” a triumphant resident told the Columbus Dispatch.

Columbus Water Division Administrator Rick Westerfield told WOSU Radio last month that he’s asked city attorneys to look into whether Columbus can challenge the pro-mow law in court.

Meanwhile, about 35 miles to the east, Sarah Baker and her partner, Daryl Watson, are defying local township zoning authorities by leaving their yard alone. She explained why she hasn’t mowed all year in a first-hand account published in the Washington Post on Tuesday:

I took a stand and refused to mow at all.

In June, my partner and I received an official written warning from the trustee board of St. Albans Township, stating that our yard had become “a nuisance.” Ohio law allows local governments to control any vegetation on private property that they deem a nuisance, after a seven-day warning to the property owners. But the law does not define what “a nuisance” is, effectively giving local leaders the power to remove whatever grass or plants offend them. In our case, the trustees decided that our lawn was too tall and thick and would attract “nuisance animals” such as “snakes and rodents.” If we didn’t cut it, they would hire someone to do so and bring law enforcement with them.

But the main point of growing a natural yard is to attract wildlife and build a self-regulating environment….

The trustees of St. Albans Township and the local zoning inspector told the Dispatch that Ms. Baker’s yard is so overgrown it poses a health risk.

At a recent meeting, she informed the trustees that she pulls invasive weeds from her property. But, according to the Dispatch, officials said getting an inspector to come over and verify which weeds are native wasn’t a realistic plan.

“Weeds are weeds. It’s not debatable,” a trustee told her.

How We Can Help

If you, a friend or a family member find themselves in a situation such as this, please call the Law Office of Scott A. Ferris, P.A. at 305 670-3330 right away. Scott A. Ferris, Esq. is a licensed family law attorney who has been practicing law since 1987. He is available whenever you need him to pursue your rights. Please learn about our firm at www.FerrisLawFirm.com.
Republished by the Law Office of Scott A. Ferris, P.A.