Appleton allows residents to plant vegetable gardens in street terraces without a permit
APPLETON - City residents will have the freedom to plant their street terraces with flowers and vegetables next year without paying a $40 permit fee.
The Common Council on Wednesday voted 11-2 to approve a new policy that allows mulch and home gardens under 3 feet in height − the line of sight for motorists − within street terraces free of charge.
The action comes well in time for the 2023 planting season.
"I think that what we have before us is something that will be very beneficial to the community," council member Vered Meltzer said.
"It feels like it's a good thing to try for a year, and we'll find out just exactly how engaged the community is," council member Alex Schultz said.
Council members Chris Croatt and Chad Doran opposed the change. Croatt said he is concerned with the city's ability to enforce the policy.
"I feel the Inspections Division is greatly overloaded and understaffed as far as dealing with complaints that come in," Croatt said, "and I feel like this is just adding to the plate of things that they would have to deal with."
The Municipal Services Committee first supported the new policy in August, but the council referred it back to committee in September to clarify the language and resolve safety concerns related to the height and width of plantings. A new version was backed by the committee last week.
A street terrace is right of way between a street and sidewalk. Under the previous policy, residents largely were limited to planting street terraces with grass and were required to keep it mowed, with the exception of No Mow May, unless they obtained a terrace occupancy permit and paid a $40 fee.
The new policy removes the permit and fee requirement for home gardens. It was developed at the request of council member Israel Del Toro as a means to increase local food production and biodiversity in the urban environment.
Del Toro also was one of the proponents of No Mow May, which allows property owners to delay lawn care during May as a way to promote the maturation of flowering plants that provide food for bees and other pollinators early in the growing season.
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During a public forum, the new policy drew mixed reviews.
Appleton resident Bill Recker said terrace gardens are an ill-conceived idea, believing they will create blind spots for motorists.
"The city already looks trashy and unkempt for the month of May, and now you want to extend that for the entire summer," Recker said. "Forget the fact that every dog walking down the street is going to water your garden and that your vegetables will be preseasoned from the snowplows that put the salt up on the terrace every winter."
Appleton resident Megan Normansell said her family has planted a terrace garden for years.
"There is nothing that is harmed by people growing flowers and food and herbs and beautiful things on their terraces," Nomansell said.
The revised policy says the following items are acceptable for street terraces without obtaining a permit:
Mowed turf grass
Public trees
Private plants under 3 feet in height
Home gardens under 3 feet in height. This includes both flower and vegetable gardens.
Mulch
The policy states that any use of street terraces shall be contingent upon the following:
Owners seeking to place plantings in the terrace are responsible for contacting Diggers Hotline to identify and mark any underground utilities prior to digging within the right of way.
Ground elevation must be flush with the sidewalk. No elevated planting beds are permitted.
Plantings or mulch in the terrace shall be fully confined within the terrace without the aid of structural supports or fencing. "Under no circumstance shall any plant encroach over a sidewalk, curb or roadway shoulder," the policy says.
For roadways with designated on-street parking (marked stalls), plantings shall not be placed within 2 feet of the back of the curb or edge of shoulder so people can exit their car.
For roadways with permitted parking (nonmarked stalls), plantings within 2 feet of the back of curb or edge of shoulder shall not exceed 8 inches in height. The restriction is designed to ensure people can open car doors unobstructed.
Refuse and recycling containers and any other items placed in the terrace for city pickup shall be placed at least 3 feet away from any terrace plantings.
All private plantings shall be cut down to ground level and removed from the terrace prior to Oct. 5 to accommodate the city’s fall leaf collection.
The policy further states the following items aren't acceptable for street terraces, unless a terrace occupancy permit is approved by the Municipal Services Committee and Common Council. A terrace occupancy permit requires a certificate of insurance and a $40 annual payment.
Private plants in excess of 3 feet in height
Hedges or woody plantings
Traffic hazards such as rocks, railroad ties, fencing, etc.
Loose stone or sand surfaces
Nonnative or invasive species of vegetation with the exception of flower and vegetable gardens
Private trees
Plants within 3 feet of a fire hydrant or other city or private utility surface infrastructure
Private pavement including asphalt, brick, flagstone or concrete.
Contact Duke Behnke at 920-993-7176 or dbehnke@gannett.com. Follow him on Twitter at @DukeBehnke.
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This article originally appeared on Appleton Post-Crescent: Appleton residents now can plant vegetable gardens in street terraces
