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Weed Laws Article on Landscaping (John Marshall Law Review) <br />free- flowing native shrubs and forbs, end real sunflowers reaching to the sky in a <br />blaze of gold. <br />VI. WHERE TO GO FROM HERE - -- <br />SUGGESTIONS FOR LOCAL WEED LAWS <br />THAT EMBODY THE LAND ETHIC <br />Page 25 of 27 <br />In the end, it is the public perception that must change, particularly those in policy <br />making positions in villages around the nation. History Points that way. In 16th <br />Century England, wealthy andowners had lawns that were natural meadows starred <br />with a thousand flowers. In those days, grasses were hated weeds, and garden boys <br />would creep along the flower lawns picking out the grass. In the 19th and 20th <br />Centuries, the perception of the ideal yard has been confounded. Grass became the <br />vegetation of choice. Local weed laws protect and promote this ideal. We must <br />return to the past. <br />In response to the natural landscaping movement, communities are moving from <br />repressive weed laws toward more progressive weed laws. The progress, however, <br />is too slow; and far too often efforts to change regressive "weed laws" are met with <br />opposition based on misunderstandings. Judges and government officials should <br />abandon these ill- founded notions. <br />The natural landscaping movement, having taken root, will continue to grow as we <br />enter the 21st Century. Unfortunately, weed laws in many communities persist and <br />create a significant impediment to the growth of the natural landscape movement. <br />These repressive laws must be changed. <br />In her recent book, Noah's Garden, Sara Stein challenges us to replace the sterile, <br />contrived, inherited exotic landscapes that have unfortunately dominated our lives. <br />She writes of a promising future where local and state laws regarding land use <br />reflect the Land Ethic: <br />Some time in the future, the value of a property will be perceived in part <br />according to its value to wildlife. A property hedged with fruiting shrubs will be <br />worth more than one bordered by forsythia. One with dry stone walls that <br />provide passageway for chipmunks will be valued higher that one whose walls <br />are cemented stone. Buyers will place a premium on lots that provide summer <br />flowers and fall crops of seed. Perhaps there will be formal incentives: tax <br />abatements geared to the number of native species; deductions allowed for <br />Tots that require neither sprays nor sprinklers. A nursery colony of bats might <br />be considered a capital improvement. There could be bonuses for <br />birdhouses. Oh, brave new world! 193 <br />This is the goal, but in populated urban areas, it may be unrealistic to believe that <br />unregulated, pro- active natural landscaping laws, will be accepted in the near <br />future. The "journey of a thousand miles begins with the first step," and it is with <br />that axiom in mind that the following guidelines are offered to be used by <br />communities in crafting new weed ordinances that begin the road toward a more <br />http: / /www.epa.gov /glnpo /greenacres /weedlaws /JMLR.html 2/22/01 <br />