6.47 - Lawn Fertilizer Application Licensing § 6.47
Section 6.47: Lawn Fertilizer Application
Licensing
Subdivision 1
The City and the Bassett Creek Water Management Commission have conducted
studies and have reviewed existing data to determine the current and projected
water quality of various lakes within the community. The data indicates that lake
water quality may be maintained or improved if the City regulates the amount of
lawn fertilizer and other chemicals entering the lakes and streams as a result of
storm water runoff or other causes. The purpose of this ordinance is to set forth
regulations that will restrict the amount of fertilizers containing phosphorous that
may be applied to lawns in the City.
Subdivision 2. Definitions
For the purpose of this section, certain terms and words are defined as follows:
A. Commercial Applicator: is a person who is engaged in the business of
applying fertilizer for hire.
B. Fertilizer: means a substance containing one or more recognized plant
nutrients that is used for its plant nutrient content and designed for use or
claimed to have value in promoting plant growth. Fertilizer does not include
animal and vegetable manures that are not manipulated, marl, lime,
limestone, and other products exempted by Rule by the Minnesota
Commissioner of Agriculture.
C. Noncommercial Applicator: is a person who applies fertilizer (during the
course of employment), but who is not a commercial lawn fertilizer
applicator.
D. Pesticide: means a substance or mixture of substances intended to prevent,
destroy, repel, or mitigate a pest, and a substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant.
E. Administrator: The individual responsible for overseeing the requirements
of the City Code. For purposes of this section of the code, the administrator
shall be the City Manager or his/her designee.
Subdivision 3. Regulations For Commercial Lawn Fertilizer
Applicators
A. License Required. No person shall engage in the business of commercial lawn
fertilizer applicator within the City unless a license has been obtained from
the Administrator.
Golden Valley City Code Page 1 of 3
§ 6.47
B. License Application Procedure. Applications for licenses shall be submitted on
forms provided by the City and shall include:
1. Product Material Safety Data Sheet. A copy of Material Safety Data Sheet,
including product chemical analysis of the intended lawn fertilizer.
2. Minnesota State Licenses. A copy of all licenses required of the applicant
by the State of Minnesota regarding the application of pesticides and
fertilizers.
3. License Fee. The license fee shall be determined by the City Council and
fixed by a resolution, a copy of which shall be in the office of the City
Manager and uniformly enforced. The license fee shall not be prorated.
C. Conditions of License. Commercial lawn fertilizer applicator licenses shall be
issued subject to the following conditions which shall be specified on the
license form:
1. Random Sampling. Commercial lawn fertilizer applicators shall permit the
City to sample any commercial lawn fertilizer applications to be applied
within the City at any time.
2. Possession of License. The commercial lawn fertilizer license, or a copy
thereof, shall be in the possession of any party employed by the
commercial lawn fertilizer applicator when making lawn fertilizer
applications within the City.
3. Possession of Product Material Safety Data Sheet. A copy of product
Material Data Safety Sheet of the lawn fertilizer used shall be in the
possession of any party employed by the commercial lawn fertilizer
applicator when making lawn fertilizer applications within the City.
4. State Regulations. Licensee shall comply with the provisions of the
Minnesota Pesticide Control Law as contained in the Minnesota Statutes
Chapter 18B.
Subdivision 4. General Regulations
A. Time of Application. Neither commercial applicators nor noncommercial
applicators may apply lawn fertilizer when the ground is frozen or when
conditions exist which will promote or create runoffs.
B. Sample Analysis Cost. The cost of analyzing fertilizer samples taken from
commercial applicators shall be paid by the commercial applicators if the
sample analysis indicates that phosphorous content exceeds the levels
authorized herein.
Golden Valley City Code Page 2 of 3
§ 6.47
C. Prohibition Regarding Phosphorous Content In Fertilizers. No person shall
apply any lawn fertilizer, liquid or granular, within the City of Golden Valley
which contains any amount of phosphorous or other compound containing
phosphorous, such as phosphate, except:
1. The naturally occurring phosphorous in unadulterated natural or organic
fertilizing products such as yard waste compost.
2. Or as otherwise provided in Subdivision 5 hereof.
D. Impervious Surfaces and Drainage Ways. No person shall apply fertilizer to
impervious surfaces, drainage ditches, or waterways.
E. Buffer Zone. Fertilizers and pesticides shall not be applied below the Ordinary
High Water level of water bodies as established by the Minnesota Department
of Natural Resources, or within fifteen (15) feet of any wetland or water
resource.
Subdivision 5. Exemption To Phosphorous Prohibition
The prohibition against use of fertilizer containing any quantity of phosphorous
under Subdivision 4 shall not apply to:
A. Newly established turf and lawn areas during first growing season; or
B. Turf and lawn areas which have been confirmed by soil testing to be below
phosphorous levels established by the University of Minnesota Extension
Services. The lawn fertilizer application shall not contain an amount of
phosphorous in excess of that which is recommended in the soil test
evaluation.
C. Phosphorous applied as lawn fertilizer pursuant to the aforementioned
exemptions shall be watered into the soil so that it is immobilized and
protected from loss by runoff.
Subdivision 6. Penalty
Any person violating this section shall be guilty of a petty misdemeanor. The City
may revoke a commercial applicator's license for repeat violations of this section
Source: Ordinance No. 221, 2nd Series
Effective Date: 3-30-00
Golden Valley City Code Page 3 of 3