Naples tightens fertilizer rules, adding blackout period, phosphorus regulations

The city of Naples is changing its fertilizer ordinance for the second time in two years, adding stronger language and restoring a rainy season blackout period that a previous City Council had repealed.

The blackout period prohibits the use of nitrogen-based fertilizers from June 1 to Sept. 30. The revised ordinance, which council unanimously passed Wednesday, also prohibits fertilizer use anytime a flood, tropical storm or hurricane watch or warning is in effect, or there's a 60 percent chance of at least 2 inches of rain in a 24-hour period.

In case you missed it:Naples City Council to reinstate fertilizer blackout period

Previously:Naples City Council takes second look at fertilizer ban

"I believe this is a correction of course back to where we should have been," said Vice Mayor Gary Price, who was not on the council when the blackout period was repealed. "This is taking back what we had right the first time ... which is that there was a positive effect on the ban that we had and I'm going to support it until the day I die."

In addition to the blackout period, the revised fertilizer ordinance also bans the use of phosphorus. The previous version of the ordinance said the use of phosphorus was "strongly discouraged."

The City Council is expected to take a final vote on the ordinance at its June 5 meeting.

The city passed its first fertilizer ordinance, which included a blackout period, in 2008 as a way to lessen fertilizer runoff and protect water quality. In 2017 council members got rid of the blackout period based on studies that suggest it may actually be better for the environment to apply fertilizer during the summer.

Laurie Trenholm, an environmental horticulture professor with the University of Florida’s Institute of Food and Agricultural Sciences, said her research shows that fertilizers are best absorbed during the rainy season, when grasses and other plants are growing most.

“Our science is based on approximately 11 years of research and we had the lowest levels of nitrate leaching, (which is when nitrates percolate down through the soil and eventually hit groundwater), during June, July, August and September, regardless of rainfall,” she said.

More:Naples City Council split on how to revise a fertilizer ban meant to stem water pollution

That’s because grass grows best during the summer months due to higher temperatures and more daylight, Trenholm explained, and healthy, growing grass is better able to absorb nutrients.

But in the wake of last year's toxic algal blooms, which scientists have said might have been exacerbated by fertilizer runoff, the city has decided to take a “better safe than sorry” approach and reinstate a blackout period.

“Human behavior plays a role in whether the science is true or not,” said Gregg Strakaluse, the city's streets and stormwater director. “Someone could miscacluate how much fertilizer they need for their lawn or miscalibrate their equipment, and so you have a higher probability of a mistake happening if you allow fertilizer application in the wet season than you do if there’s a ban.”

Trenholm said the city should consider exempting certified professional landscapers from the ban because they're less likely to make a mistake.

"Homeowners are much more likely to get it wrong than trained professionals," she said. "So yes, go ahead and ban homeowners who might not have the same level of knowledge, but I would hope that commercial landscapers would be exempt from any bans."

Brent Batten:Fertilizer ban sounds good but does it improve water quality?

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Mac Carraway agreed. He leads  a broad-based coalition including urban landscape professionals, golf course superintendents and lawn care service providers.

"Why do we demean professionals and lump them in with others who are irresponsible? Because this is an agenda that is not open to meaningful distinctions and the real lives of real hardworking people," said Carraway, executive director of the Environmental Research & Education Foundation

"I think a one-size-fits-all blackout like this simply imposes an egregious regulatory burden on a group of people who've done nothing but invest for decades in the research and implementation of best practices."

Over the years municipalities throughout the state have struggled with how to regulate fertilizer use, and officials from Collier County, Marco Island and Naples met in February to try to devise a countywide ordinance.

Collier County Pollution Control Manager Danette Kinaszczuk, who spoke on behalf of all the environmental staffs, said at the February workshop that a countywide ordinance would result in less confusion for landscapers and likely increase compliance.

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February:No one-size-fits all fertilizer ordinance for Collier County, Marco Island

However, the three government entities were unable to agree on the best ordinance, which prompted the city of Naples to address the issue on its own.