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Council weighs irrigation ordinance amendments and whether community gardens should be exempt
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Summary
Councilors and staff debated amendments to the Southeast Downtown Code to restrict irrigation (Memorial Day–Labor Day) and whether to exempt community gardens or home vegetable/flower gardens; staff suggested exempting hand watering and adding community gardens to the agricultural exemption while acknowledging enforcement trade‑offs.
At a continued public hearing on amendments to the Southeast Downtown Code, council members, the town solicitor and town staff discussed changes to water‑use restrictions, including an applicability period (Memorial Day through Labor Day) and an agricultural exemption.
Rich Bourbonnais and the town solicitor (Amy Goins) told the council that prior requests to include agriculture and an applicable time period had been incorporated into the draft ordinance. "The language with respect to ... yard irrigation ... is the agricultural exemption that we discussed," the solicitor said, describing a structure that restricts lawn and landscape irrigation while excluding properties used for agricultural operations recognized by the state.
Public speakers and council members raised community gardens and home vegetable/flower gardens as possible carve‑outs. One council member asked whether a community garden could set up a drip irrigation system; staff responded that hand watering of flower and vegetable gardens is permitted under the draft and that the agricultural exemption was intended for farms recognized by the state but could be broadened.
Council members proposed options: add community gardens to the farm‑based exemption, create a specific community‑garden exemption, or explicitly exempt vegetable and flower gardens in the applicability section. The solicitor recommended a simple approach: add a sentence stating the ordinance shall not apply to food/vegetable gardens.
Practical enforcement questions arose. Staff said the water supervisor has developed data queries to identify higher users and could photographically collect evidence and issue warnings where needed; members noted drip irrigation and small volunteer‑run gardens create grey areas. One councilor requested a clear table or map attached to the ordinance to show watering days by area so residents can more easily comply. Staff agreed to include maps and to work on a simple table or infographic for public guidance.
On specific mechanics, the council discussed permitting hand watering, whether drip systems should be considered low‑volume irrigation, and how to define "community garden" versus a homeowner growing food. The solicitor and staff said the council could tailor the policy by definition and recognized enforcement considerations.
Council members asked staff to draft clear language that could either exempt community gardens and vegetable/flower gardens or explicitly tie exemptions to definitions that balance equity and enforceability; no final vote was recorded during the hearing.
