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Weed Laws Article on Landscaping (John Marshall Law Review) Page 15 of 27 the premise of the Madison Ordinance is counterintuitive - why should natural landscapes be singled out as requiring permission when truly harmful landscapes remain unregulated? 2. Modified Local Weed Laws A better, and more recent type of local weed law remedies the shortcomings of the Madison Ordinance by allowing natural landscaping without either neighbor approval or city permission. These laws retain the traditional prohibition of growing "weeds" or "rank vegetation" but include a modifying clause that places natural landscapers out of harm's way. There are two versions of modified weed laws: (1) the setback ordinance and (2) the natural landscape exception ordinance. Setback ordinances generally require an area measured from either the front or the perimeter of the lot, in which the vegetation may not exceed a certain height, like ten or twelve inches, exclusive of trees and bushes. The vegetation behind the setback and within the yard, is unregulated. Setback distances depend on the type of community and size of the typical lot. ' 23 Communities with homes on large lots could have as much as a twenty -foot setback, while in towns with smaller lots, a two- or three -foot setback would be more suitable. Setback laws have several advantages and represent a workable compromise between the sometimes diverse interests of the village, natural landscapers and neighbors. Primarily, setback ordinances allow for the unregulated growing of vegetation on a majority of the lot. Like a frame around an abstract painting, the setback around the perimeter creates a tended look that satisfies neighbor and village concerns of conformity and aesthetics. The yard takes on its intended look. A setback also solves the practical problems caused by large plants and grasses lopping over into neighbor yards or across sidewalks. The setback ordinances are also easy to understand and enforce. Both the village and natural landscaper benefit from a clear and simple law. Neighbor complaints are generally satisfied by such compromise and living in a community makes compromise essential. The liability inherent in these setback laws is that a portion of the yard is rendered off4imits for certain types of tall native plants. In some cases that excluded portion may prove to be the best land available to the homeowner for cultivating certain plants. This liability is, however, a small price to pay for an otherwise workable and fair ordinance. The second type of modified weed laws are those that limit the blanket weed ordinances with broadly worded exceptions for environmentally beneficial landscapes.124 These exceptions include: http: / /www.epa.gov /glnpo /greenacres /weedlaws /JMLR.html 2/22/01