Louisiana Model Landscape Ordinance
Prof. D.G. Abbey,ASLA
INTRODUCTION
The LSU School of Landscape Architecture has been actively engaged in the study of
municipal landscape ordinances for over ten years. The work that has been produced as part
of LSU's research activity is available to assist communities in the establishment of one
of the newest planning tools available to guide site development, landscape ordinances.
Any community wishing to establish a landscape ordinance (Green Law), is committed to the
improving that community through long term environmental improvements. A landscape
ordinance in a community certifies that the community feels that its important to protect,
preserve and promote nature in the city. Keeping nature in the city is a means of
protecting the public health, safety and welfare of the citizens of that community. A
healthy environment is an indication of a healthy community.
The model landscape ordinance which follows has been prepared to assist ordinance writers
in the preparation of a community landscape ordinance. The Mode l Landscape Ordinance
contained herein is abbreviated for clarity. Each community wishing to use this model
ordinance should adapt it to circumstances found in that community. A small municipality
may want to shorten it while a larger city may want to ad d special provision to it.
Current laws, customs, political constraints, public policies and citizen needs may
influence the direction that the ordinance will take in any community. Any Parish, city or
town wishing to enact an ordinance should consult with an attorney and a landscape
architect or perhaps contact Louisiana State University for assistance. Special
information and assistance can be acquired from the organizations and individuals listed
in Appendix A, A Directory To Landscape Ordinances in Louisiana. The first step for
a community might be to establish a "Landscape Ordinance Advisory Committee" who
can review the attached Model Landscape Ordinance for applicability.
MODEL LANDSCAPE ORDINANCE OUTLINE
The Model Landscape Ordinance was developed with the use of the Green Law Database housed
in the School of Landscape Architecture at Louisiana State University. The data base
contains ordinances from throughout the country that were reviewed for usefulness
and applicability to the southern gulf coast states where climate and land form are
consistent.
Of particular usefulness to the study was the monograph Model Landscape Code for South
Florida prepared by James F. Schnelle Jr.of Environmental Management & Engineering and
Bob Smith,ASLA of Neal Smith & Associates Landscape Architects.28. This outline code
prepared for the South Florida Water Management District has acted as the model for this
ordinance because its pro visions can pertain to any local where water conservation, air
quality, vegetation management, economic development and beautification are community
goals.
In addition, the work of landscape architect Keith Villere,ASLA and others in St. Tammany
Parish, Louisiana and with the City Planning Commission with the City of New Orleans has
been important to shaping this ordinance to the special conditions of Louisiana.
The Model Landscape Ordinance below affects real property within incorporated areas of a
community. The Ordinance provides rules, regulations, controls and procedures for the
protection, preservation and modification of nature in the city. It primarily pertains to
vegetation and landscaping but special provisions are contained with the Model for dealing
with drainage, aquifer recharge, flood control, air quality improvements, sun control,
shade protection or any other natural resource that the community feels is important to
its well being, health and safety.
The following outline has been developed for the Model Landscape Ordinance following many
months of research into similar laws.
Section 1-Short Title
(this section of the ordinance identifies the law and places it in context of some other
community code. Most landscape ordinance are contain within zoning ordinances, subdivision
regulations or general municipal codes of regulations)
Section 2-Purpose,Intent and Definitions
(It is the purpose of this section to declare the purpose and intent of the ordinance and
how it has a bearing on the health, safety and welfare of the community. Definitions are
given to clarify the meaning of certain terms and technical language contained
within the law.
Section 3-Applicability Of Landscape Ordinance
(This section describes how the law applies in the community. Generally, landscape
ordinances apply to specified zoning districts that are defined within the community's
Zoning Ordinance. For example, in some communities the landscape ordinance applies only to
commercial districts while in others they apply to all, from residential to industrial.)
Section 4-Land Clearing and Modification
(It is the intent of this section to protect the natural resources of the community by
requiring that a building permit and land clearing permit by acquired prior to the start
of construction or modification to land areas.)
Section 5-Site and Landscape Design Standards
(Within this section of the ordinance are minimum site design and landscape design
standards that the community feel are important to protect the public health, safety and
welfare of the community. Typical standards address plant and unique natural resource
preservation, landscape zone dimensions, plant installation standards and
requirements, storm water retention and recharge, irrigation, air cleansing, site
distances, maintenance, plant material standards, recommended plant species.)
Section 6- Landscape Maintenance
Maintenance is an important concern to all living things, particularly plant materials in
their first year of establishment. To ensure that newly planted vegetation survives and
serves the purpose of the ordinance and to be neat, healthy and orderly, it is intent of
this section of the ordinance to specify certain minimum maintenance standards of watering
, pruning, fertilizing and plant care. In some instances communities require the posting
of bonds to insure the survival of the plant material.)
Section 7-Landscape Plan Required
(This section describes the preparation of the landscape plan which is used by the
community to evaluate compliance with the terms of the landscape ordinance. Language
within this section describes what is to shown on the plan, what dimensions, quantities
and calculations are necessary, and drawing standards and conventions so that drawings can
be read with clarity. Often this section requires that the person preparing the plan be
trained in a professional l engineering, architecture or landscape architecture course and
be licensed in conformance with appropriate state law and insured for public liability
protection.
Section 8- Alternative Compliance And Landscape Credit
(Alternative compliance refers to betterment of the requirements of this ordinance. In
addition because all sites are different there needs to be a procedure for encouraging a
innovative, unique, and site specific landscape design that exceeds these minimum
requirements. Alternative compliance will provide a mechanism to exceed these minimum
standards, develop a point standard system, and set minimum qualifications of the person
designing the landscape plan.)
Section 9- Permit Application Procedures
(This section of the ordinance describes the procedure for seeking the required permit,
payment of fees, and public review policy.)
Section10-Enforcement, Penalties and Appeals
(It is the purpose of this section of the ordinance to describe the enforcement procedures
to be followed to insure compliance with the provisions of the law. Penalties for
violations of the law and a procedure for appeals for any aggrieved party seeking redress
is given. The community generally designates enforcement officials and offices having
jurisdiction.)
Section 11-Administrative Guidelines
(Each community will have special administrative procedures that they will follow to help
the public interpret the ordinance. Administrative guidelines can be devised to assist
with the administration of this ordinance.
Section 12-Conflicts
(This section of the ordinance addresses conflicts between this ordinance and other
ordinances within the community.)
Section 13-Severability
(Severability provisions are usually included to sever and remove any part of the
ordinance that may prove to be unconstitutional or in conflict or violation of other
applicable laws.)
Section 14-Effective Date
(This is the date that the law goes into effect)
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Author's Note: This outline ordinance has been prepared to assist any City, Parish,
Municipality, Planning Board or public agency who desire to establish a landscape
ordinance in their community. The outline presented here is based upon contemporary
provisions and language from landscape ordinances and codes from throughout the country.
Consequently the outline ordinance is comprehensive and reflects state of the art
knowledge in the technical aspects of landscape ordinances. Any community wishing to use
this ordinance should consult with local attorneys and landscape architects because legal
and technical aspects of this outline ordinance may vary from community to community.
Additional help and information on landscape ordinances can be found at the the School of
Landscape Architecture, Louisiana State University, Baton Rouge, Louisiana 70803.
The author is indebted to Bob Smith of Neal, Smith and Associates, Landscape Architects,
Lake Worth, Florida; Keith Villere, Landscape Architect, Covington, Louisiana; Rhett Roy
Landscape Architecture, Fort Lauderdale, Florida; and William Donovan of the South Florida
Water Management District.
This study was funded by a grant from the Louisiana Association of Nurserymen
Walter Imahara, Warren Meadows and the entire Board of Directors are to be thanked for the
concern for the environment of Louisiana.
D.G. Buck Abbey, Landscape Architect, Associate Professor
Orange Beach, Alabama
1989
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