Regulations Governing the Island-Wide Content and Application of Lawn Fertilizers Drafted by the Island’s Boards of Health, with Assistance from the MV Commission and The MV Lawn Fertilizer Working Group

Fertilizer Working Group Bill Veno, MVC Senior Planner & Working Group Co-Chair Michael Loberg, Tisbury BoH, Working Group Co-Chair Matt Poole, Edgartown Health Agent & Chair Regulatory Sub-Comm Tristan Israel, Tisbury Selectmen and Landscaper Carlos Montoya, Aquinnah Planning Board & Landscaper John Breckinridge, Oak Bluffs Conservation and MVC Commissioner Jeff Carlson, Edgartown Conservation Commissioner & Vineyard Golf Chris Murphy, Chilmark, Conservation Commissioner Joan Malkin, Chilmark Conservation and MVC Commissioner Linda Sibley, West Tisbury MV Commissioner Tim Boland, Polly Hill Arboretum Steve Anagnos, Lawn Care Pros

Fertilizer Working Group Outreach Input has Been Received From: Polly Hill Arboretum Water Alliance Members Golf Course Managers Professional Landscapers Retailers Pond Associations Town Conservation Commissions Vineyard Conservation Society

MA State Lawn Fertilizer Regulations House Bill 0435 MA Dept Agricultural Resources Given State- Wide Responsibility Effective September 2012 Exemption for Cape Cod, Nantucket and Martha’s Vineyard Commissions Allowing for Local Regulations Local Exemption Expires no Earlier than Year- End 2014 State Regulations Apply in the Absence of Ours

Lawn Fertilizer Regulations Approval Timing and Process January 29 th : Conduct One Island-Wide BoH Public Hearing By February 21 st : Conduct Individual Town BoH Meetings and Vote on the Regulations and DCPC Nomination February: Each Board Submits Warrant Articles for Spring Town Meetings March: MVC Votes on DCPC Nomination and Considers Draft Regulations Spring: Regulations Voted on at Individual Town Meetings

Draft BoH Lawn Fertilizer Regulations Sections 1, 2, & 3: Why and How Sections 4 & 5: What Sections 6 -10: Implementation

Draft BoH Lawn Fertilizer Regulations Sections 1, 2, & 3: Why and How Sections 4 & 5: What Sections 6 -10: Implementation Questions and Answers

Lawn Fertilizer Regulations Section 1: Why Lawn Fertilizers Account for 5-15% of the Island’s Controllable Nitrogen Sengekontacket: MEP(%)

Lawn Fertilizer Regulations Section 1: Why Lawn Fertilizers Account for 5-15% of the Island’s Controllable Nitrogen Better Management of Lawn Fertilizers Could Improve our Pond’s Water Quality Protect Human Health Offer a Low Cost Response to the MA Estuaries Program (MEP)

Lawn Fertilizer Regulations Section 1: Why Lawn Fertilizers Account for 5-15% of the Island’s Controllable Nitrogen Better Management of Lawn Fertilizers Could Improve our Pond’s Water Quality Protect Human Health Offer a Low Cost Response to the MA Estuaries Program (MEP) Opportunities Exist to Better Control the Timing, Amount, and Type of Application

Lawn Fertilizer Regulations Section 1: Compliance Penalties (Section 6.5) Common, Island-Wide Standard-of-Care Discussions Neighbor to Neighbor Landscaper to Client Retailer to Customer Community Associations to Community Town to Community Conservation Commission, Harbor and Shellfish Management, Board of Health, etc.

Lawn Fertilizer Regulations Section 2: Purpose Reduction of Nitrogen and Phosphorus to Better Protect Water Resources; By Means of Education, Licensure, Regulation and Enforcement; and Compliance with Any Applicable Water Quality Standards Relating to Controllable Nitrogen and Phosphorus

Lawn Fertilizer Regulations Section 3: Authority Boards of Health under Chapter 111, Section 31 Martha’s Vineyard Commission Under House Bill Town Meeting under Chapter 831 of the Acts of 1977 as amended

Lawn Fertilizer Regulations Section 4: Definitions Definition of Impervious Surface, pg 5: “Impervious Surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, but does not include compacted areas on athletic fields, such as baseball infields and, intensely trafficked Turf.

Lawn Fertilizer Regulations Section 4: Definitions Definition of Impervious Surface, pg 5: “Impervious Surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, but does not include compacted areas on athletic fields, such as baseball infields and, intensely trafficked Turf.

Lawn Fertilizer Regulations Section 4: Definitions Definition of Impervious Surface, pg 5: “Impervious Surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, but does not include compacted areas on athletic fields, such as baseball infields and, intensely trafficked Turf. “Turf” means grass-covered Soil held together by the root system, and includes turf used for sports and recreational activities as well as for lawns and utility areas.

Lawn Fertilizer Regulations Section 4: Definitions Definition of Impervious Surface, pg 5: “Impervious Surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, but does not include compacted areas on athletic fields, such as baseball infields and, intensely trafficked Turf. Section 5: Turf Performance Standards pg 6: No person shall apply or deposit Fertilizer on any Impervious Surface…..

Lawn Fertilizer Regulations Section 4: Definitions Definition of Impervious Surface, pg 5: “Impervious Surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, but does not include compacted areas on athletic fields, such as baseball infields and, intensely trafficked Turf. Section 5: Turf Performance Standards pg 6: No person shall apply or deposit Fertilizer on any Impervious Surface…..

Lawn Fertilizer Regulations Section 5: Turf Performance Standards 5.1 General Turf Performance Standards 5.2 Fertilizer in the Buffer Zone 5.3 Fertilizer on Golf Courses 5.4 Exemptions 5.5 Precedence

Lawn Fertilizer Regulations – General 5.1 CriteriaMartha’s Vineyard Exceptions Nitrogen Annual: <3 lbs N/1000 Sq Ft Single App: <0.5 lbs N/1000 Sq Ft Application Frequency > 4 Weeks Type of Fertilizer > 50% Slow-Release Application Prohibitions Nov 14 th to Apr 15th; Before & During Heavy Rain Impervious Surfaces Phosphorus Prohibited Unless Indicated by Soil Test

Lawn Fertilizer Regulations – General 5.1 CriteriaMartha’s Vineyard Exceptions Nitrogen Annual: <3 lbs N/1000 Sq Ft Single App: <0.5 lbs N/1000 Sq Ft Agriculture & Horticulture Plants and Vegetable Gardens Application Frequency > 4 Weeks Type of Fertilizer > 50% Slow-Release Compost Tea, Starter Fertilizer and Liquid Fertilizer <0.1 lbs N per 1000 Sq Ft over 4 weeks Application Prohibitions Nov 14 th to Apr 15th; Before & During Heavy Rain Impervious Surfaces Phosphorus Prohibited Unless Indicated by Soil Test Organic Compost and Compost Tea; Pelletized Organic Fertilizer at a P/N Weight Ratio of <.25; Starter Fertilizer at <0.1 lbs N per 1000 Sq Ft over 4 weeks

Lawn Fertilizer Regulations: 5.2 Buffer Zone Criteria Martha’s Vineyard Buffer Zone Martha’s Vineyard Exceptions Nitrogen None within 10 ft of Resource Area; For Remainder of Buffer Zone: Annual: <0.5 lbs N/1000 Sq Ft Single App: <0.25 lbs N/1000 Sq Ft Application Frequency > 4 Weeks Type of Fertilizer > 50% Slow-Release Application Prohibitions Nov 14 th to Apr 15th; Before & During Heavy Rain; Impervious Surfaces Phosphorus Prohibited Unless Indicated by Soil Test

Lawn Fertilizer Regulations: 5.2 Buffer Zone Criteria Martha’s Vineyard Buffer Zone Martha’s Vineyard Exceptions Nitrogen None within 10 ft of Resource Area; For Remainder of Buffer Zone: Annual: <0.5 lbs N/1000 Sq Ft Single App: <0.25 lbs N/1000 Sq Ft If 25 ft wide, non-turf, fertilizer free, vegetative strip exists, then: Annual: <1.0 lbs N/1000 Sq Ft in the remainder of the buffer zone. Application Frequency > 4 Weeks Same Type of Fertilizer > 50% Slow-Release Same, Including Exceptions Application Prohibitions Nov 14 th to Apr 15th; Before & During Heavy Rain; Impervious Surfaces Same Phosphorus Prohibited Unless Indicated by Soil Test No Exceptions; Phosphate Test Always Required

Lawn Fertilizer Regulations: 5.3 Golf Courses CriteriaMartha’s Vineyard Golf Courses Nitrogen Annual: <3 lbs N/1000 Sq Ft Single App: <0.5 lbs N/1000 Sq Ft Same, including Buffer Zone Restrictions, excluding existing Tee Boxes & Greens Application Frequency > 4 Weeks> 2Weeks Type of Fertilizer > 50% Slow-Release Same except, Foliar fertilizer may be applied biweekly at < 0.1 lbs/1000 sq ft Application Prohibitions Nov 14 th to Apr 15th; Before & During Heavy Rain Impervious Surfaces Dec 14 th to Apr 15th; Before & During Heavy Rain Impervious Surfaces Phosphorus Prohibited Unless Indicated by Soil Test Same, Including Exceptions

Lawn Fertilizer Regulations Section 5.4: Exemptions Home Vegetables and Flower Gardens Landscape Ornamentals, Shrubs, Trees, Bushes and Container Plants Agriculture and Horticulture

Lawn Fertilizer Regulations Section 5.5: Precedence If issued, more stringent state regulations would take precedence Island-wide If issued, more stringent Town regulations would take precedence Town-wide.

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Contains All the Subparts that Describe How the Regulations will be Implemented

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Section 6.1: Education and Assessment Requires the town Board of Health to Ensure that a fertilizer education program is offered based on the regulations and supporting documentation (MV BMP). Administer or oversee an assessment (test) of license candidates to ensure competency. Furnish summary of regulations to public & professionals.

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Section 6.2: Licensure Each town that adopts the regs will issue a license for a fee of $100 Required of professionals Not required for property owners but optional Must illustrate proficiency by passing the test Upon issuing a license the issuing town shall forward a “Notice of Issuance of Fertilizer License” to each other participating town on MV

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Section 6.2: Licensure (continued) Upon receipt of “Notice of Issuance of Fertilizer License” each receiving town must issue license to the licensee. NO ADDITIONAL DOCUMENTATION OR FEE IS REQUIRED in a receiving town. Licenses applications run on a calendar year cycle for a 3 year life span

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Section 6.2: Licensure (continued) Must display proficiency each 3 year license period Must have license in possession while working

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Section 6.2: Licensure (continued) Employees of a licensed individual may have up to 8 employees working under the license, provided that: Employees are sufficiently trained to comply Employees have passed a proficiency test (one less extensive than the employers test) Employer supervises compliance Employer keeps records of which employees have been cleared to fertilize

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Section 6.3: Services to be Performed by a Third Party The Board of Health may delegate or purchase services from a third party(s) to deliver Sections 6.1 and 6.2

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Section 6.4: Liability Property Owners may be held liable for violations if they had reasonable knowledge a violation would occur A Landscape employer is liable for violations by his/her employees Anyone who commits a violation, no matter their role, may be held liable

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Section 6.5: Enforcement Enforcement resides within the Board of Health in each town Enforcement and tolling of violations is specific to each town

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Section 6.5: Enforcement First violation within a 36 month period: Written warning Second violation with a 36 months of first: $50 fine Third and subsequent violations within 36 months of first: $300

Lawn Fertilizer Regulations Section 6: Education, Licensure & Administration Section 6.5: Enforcement License revocation is possible for serious or habitual offenders Board of Health may revoke or suspend license after a hearing Board of Health may use a non-criminal ticketing process as structured in their town Board of Health reserves the right to seek an indictment or court complaint

Lawn Fertilizer Regulations Section 7: Severability Clause If any section of the regulations is declared invalid the remainder of the regulations is insulated and remains in effect

Lawn Fertilizer Regulations Section 8: Amendments Board of Health must advertise amendments in a local paper 2 times immediately prior to hearing Amendments must be reviewed by experts Amendments must finally by approved by Board of Health Commissioners In accordance with the DCPC process the amendment(s) must be approved by the MVC Commissioners and adopted at Town Meeting.

Lawn Fertilizer Regulations Section 9: Effective Date January 1, 2015 Section 10: Interim Provisions Until the Boards of Health implement the licensing program, landscapers are allowed to work without a license providing they comply with the application standards in Section 5

Martha’s Vineyard Island-Wide Lawn Fertilizer Initiative

LAWN FERTILIZER USAGE Lagoon Pond: MEP(%)

LAWN FERTILIZER USAGE Lagoon Pond: MEP(%)