City Ordinances and HOA rules

Annual weeds, if not negatively impacting on people’s life and if they they are not noxious invasive aliens, especially if they attract pollinators or represent a source of food for useful or non-detrimental insects, could be left until seeds dispersal. Then, once dried, they could be eradicated allowing seeds to be part of the soil seed bank.

Good question! I think the bigger problem is that the HOA can force you out if you have too many repeat violations. (I’m hoping my parents will move back north anyway, but it won’t be for at least a few years.)

With the impacts of climate change becoming all too real and inescapable, and considering this year’s water restrictions in many parts of the West, HOAs will soon be forced to rethink the “enforced lawn.” I’m sure your wildflowers use less water!

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I assume your approach will be to explain that your plants aren’t on the list, from the perspective of a science nerd.

There’s a good chance that the city employee, if they’ve read the ordinance at all, will think the phrase “is not limited to” means any plant above 4" tall that they don’t like and will invent a way to call it “unhealthful” or claim that “poor” aesthetics are “deleterious to health.”

I’d be prepared to counter that.

The last part of the section that defined the word “weed”: “The Mayor is hereby authorized and delegated the authority and duty to determine if any other plants, due to their unhealthy or dangerous attributes or consequences, should be placed on the list of weeds as defined herein and shall put such plants on said list if, after a hearing based on the evidence before him it appears that such plants do come within the meaning of the term weeds as hereinbefore set out.”

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I live in an HOA here in California and they are incredibly strict, but it only applies to the front yard and any areas that can be seen from public sidewalks, so my back and side yards are out of view and I can do whatever I want with them. My side yards are filled with native plants and water, so there’s always something buzzing or flying around there.

There’s a balance when you live in an HOA. It’s there to keep your property values up in exchange for you doing your part. I don’t like living in one, because I would love to do what I want with my front yard, but I also know that when I retire in a few years, I’ll be assured to get a better price for my home than 90% of homes in this town. Then I can move to a dream home more in tune with nature.

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Does that better price, also apply after the buyer has seen the ‘weeds’ hidden behind the - oh we were expecting more of the tidy front garden?!

City ordinance. I’m hesitant to engage a lawyer yet, but it may prove necessary. I know my front yard plants are either native or common ornamentals not on the list (minus a few gray areas like Euphorbia and Chenopodium). Multiple yard signs are displayed prominently. Legally, code enforcement is limited to a narrow list and this matter may be cleared up by pointing out the correct identifications.

I plan to perform as much grandstanding as necessary, especially since I have the iNaturalist observations to prove the value of my pollinator garden. Albuquerque is a “Bee City USA”, a desert city that has promoted removing lawns (for water conservation), and one of the top American cities for backyard gardening, so messy gardens are not out of place. Thanks to organizations like Homegrown National Park, National Wildlife Federation, National Pollinator Garden Network, Xerces Society, and more, I believe that we are making a difference for (sub)urban wildlife and changing public perception on the value of lawns versus food and flowers.

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Every (dust) cloud has a silver lining.

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Every cactus has its spines

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Every Cowbird sings his sad, sad song. :notes:

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Yes!

Oh, I would totally request time on the City Commission agenda, or if they won’t give it, show up for your allotted 3 minutes or whatever with a tripod, large posters, handouts and a website.

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Any updates on this?

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The city never responded! I’m not in jail yet :slightly_smiling_face:

I did get a response from the NM Native Plant Society that others may be interested to read

For the record:

We in the Native Plant Society highly encourage the use of native plants in home landscaping, but also recognize that we have to be responsible in our communities and not create a nuisance of overgrown plants sprawling out over sidewalks and property lines. For the sake of our good cause, we don’t want to be seen as allowing actual noxious weeds, like tumbleweeds, Kochia and “goatheads" (puncture vine) to proliferate. Are Ailanthus (non-native “tree of heaven”) saplings cropping up? Overwatering of plants, even excellent native species that are usually kept in bounds by our climate, can make them unattractive. And some native amaranths are unpleasant looking when fully grown, never provide any floral interest, and create lots of seeds that can colonize the neighbors. In no way are we prejudging your efforts without seeing them, but just covering the bases here.

One thing to do is register your landscape in an official way and get signage designating it as a pollinator habitat, backyard refuge, or bird friendly garden. We have partnered with Friends of the Valle de Oro National Wildlife Refuge, who have established a great local program that promotes and officially designates homemade habitats. You do have to provide a water source of some kind, such as a bird bath, to support benign wild creatures. If you have not already, please look into this at https://friendsofvalledeoro.org/abq-backyard-refuge/ They would be the best people for further consultation about your issue with the city. Audubon and other conservation groups have similar programs but are less locally oriented.

The city inspectors can be very reasonable to talk and reason with, and may even provide guidelines. Ask to speak with someone. Find out what plants are considered weeds. If you installed them they are probably listed in the Albuquerque Xeriscaping Guide! Let them understand that what you have done is intentional, that you have spent time and money on it, and it is not just neglect. You may have to do some trimming or thinning. Again, we have not seen your place and are just trying to bring up reasonable considerations.

Most people who are doing what you are doing have not had any problems as most people are broadening their viewpoints. But the conformists remain and enforcement is inconsistent. We will continue exploring this issue, as the question does occasionally come up. Best of luck to you, and please stay in touch.

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What a bizarre outlook, why should my choice of plants on my property be dictated/influenced by someone else’s subjective perception of how interesting it looks

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I agree! But that’s how it is in many North American cities with nosy neighbors.

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So weeds are noxious, but assault rifles are OK. Quintessential American.

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Spray paint them! Certain big box stores already do this with succulents. Alternatively, hot glue some fake flowers to improve the appeal!

Dude I found a really pretty succulent when looking at fans at Lowe’s, and I was like…I don’t think that’s…nope…not natural. WTF why would they paint it?!?!?! I was totally befuddled.

There is a show cave in Tennessee that broke off formations for easy walking and put in a paved path, and then hotglued fake coral (like, undersea coral) everywhere to make this “Wonderland”. It’s…so sad and ridiculous it’s kinda hilarious and is now one of those places people go because it is so bad. They also put in a ton of gnomes. It is the weirdiest creepiest most horrible cave ever.

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Gosh! Are there garden gnomes also in the US?

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UNsee I would pay NOT to see that!

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That’s so sad it looks like part of the joke!
– mom, I want to get to wonderland.
– no, we have one at home.
wonderland at home:

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