Proposed Bylaw Updates – Right-of-Way

1. Planting trees, including edible and non-edible trees, must be permitted and promoted for residents in the ROW with guidelines: 
   • In-ground gardening cannot be permitted within the critical root zone of trees 
     • Align with definition in tree protection by-law. 
     • Open-bottom planter boxes strictly on top of land within the critical root zone of trees acceptable.
   • Locates are required and only hand excavation allowed.
   • Trees planted by residents in the ROW remain property of the City of Ottawa. 
   • Alignment with the Trees in Trust program regarding siting restrictions in terms of distances from utilities, streetlights, corners etc.
2. Planting gardens, including edible and non-edible plants, must be permitted and promoted for residents in the ROW with guidelines:
   • Locates are required and only hand excavation allowed.
   • Information on soil testing be made available.  
   • The height restriction should be limited to the visibility triangles for corners and driveways that is aligned to the fencing zone  and that the height restriction for this area be 1.0m (not 0.75m as staff have suggested).  This allows for the planting of trees, shrubs, larger vines, while mitigating the issue of visibility.  Also allows for planting on ROW side yards that do not have visibility or driveway concerns.
   • That within the regulation for 1-1:5 m setback from City and utility elements (poles, hydrants, transformers, etc), that groundcover and plants up to a maximum of 30 cm are allowed.
   • No restrictions on planting plants up to the road, whether there exists a curb or not, outside of sightline restrictions.
   • The list of invasive species should be expanded.
     • While the proposed changes prohibit the planting of invasive species, they refer to the Ontario Invasive Species Act and the Ontario Weed Control Act, which are out of date. We believe that the bylaw should also prohibit the 30 additional terrestrial plants that the Auditor General recommended for regulation under the Act (see PDF report).  This will meet the City’s responsibility to appropriately steward and protect land, partnering with residents to do so.  Prevention is the most economically and environmentally appropriate action.
3. Structures to retain, demarcate and/or hold additional soil must be permitted in the ROW with guidelines
   • Raised beds construction must be allowed, as it permits viable soil for plant and food gardening
   • Raised beds can make gardening accessible to mobility challenged persons
   • Additional capacity for stormwater retention is beneficial in view of overland flooding concerns with changing precipitation patterns, including more intense rains
   • Hardscaping ROW with any material that decreases permeable surface cannot be allowed, including pavers and asphalt. This does not include a stepping stone in an otherwise permeable garden or hardscaping to retain or hold soil.
   • Hardscaping ROW with loose rocks cannot be allowed for safety concerns.

Liability

• Inclusion of an indemnity clause that includes:
  • The City cannot guarantee the soil suitability or safety for growing food
  • The consumption of any edible plants is done so at the gardener’s own risk.
  • The City / utility owner can remove any gardening or landscaping structures on ROW without compensation / liability in order to maintain infrastructure.
  • That the homeowner will be invoiced for removal costs of any structures that are not easy for the City/utility to remove in order to maintain infrastructure.
  • Education/ guidance documents that recommend soil testing prior to planting food, installation of clean soil or compost.

Take action

1. Contact your City Councillor before Wednesday, June 21st at 6pm to express your concerns
   • Click this link to find your Councillor’s contact information
   • Contact a member of the Transportation Committee if your Councillor is not one
   • If you do write to the City, please consider CC’ing us so we can report on how many people have contacted the City
2. Share photos of your front and side yard gardens that would be threatened by these updates 
   • Post them on social media with the hashtag #ROWbylaw. 
   • Send your photo to cgnstudent@justfood.ca, and we will post it on this website
   • Please do not include any identifying information (such as street name or house number)
3. Attend the Transportation Committee Meeting June 22
   • Contact the Committee clerk to sign up to speak – everyone gets 5 minutes!
   • If you’d like to discuss this further, please contact communitygardening@justfood.ca   

More information

What’s going on?

• The City of Ottawa has prepared a report outlining the proposed updates to the Use and Care of Roads By-​​law 2003-498 to permit residents to plant in the right-of-way (ROW) in front of their homes. 
• The Transportation Committee originally requested this comprehensive bylaw review on May 4, 2022. This review has not been comprehensive, despite having plenty of time to gather information surrounding growing food and planting trees in the ROW.
• The proposed changes were intended to address our City’s climate change and environmental goals but they do not address the ongoing, increasing food security crisis.

Proposal says: No hardscaping, food production, or planting trees allowed in your yard

Can’t we grow food on our front yards now?

• Just Food has worked with Ottawa City staff for over 2 decades, confirming the info on this front yard gardening webpage as how this bylaw was being enforced, most recently 8 years ago (the bylaw is 20 years old).  OFPC wants to see hardscaping allowed, with the recommendations above.     

What about all of the hard landscaping of retaining walls and gardens that already exist?

• How can this bylaw be enforced when thousands of homes already have existing gardens and hardscaping in the City’s ROW?

Why doesn’t Ottawa want to find ways to support residents in growing food or planting trees?

• Victoria, Vancouver, Calgary, Oshawa – these are just some of the cities that are progressively addressing food security by allowing growing food in the ROW. 
• There’s enough research to support food production despite the risk associated with soil concerns and hardscaping.
• If these cities can come up with solutions to balance risk mitigation and the need for increased access to land for growing food, why can’t Ottawa? We have the resources to make this happen.

Will these new restrictions have equity implications?

• Yes! Complaints made to bylaw are dealt with on a case-by-case basis, meaning enforcement depends on the officer-on-duty.
• Since hardscaping is already everywhere in the city, and will continue to be even if still prohibited, enforcement will continue to be done on a case-by-case basis.
• Low income residents will be more likely to receive complaints about a garden bed used to grow food than residents with enough income for expensive hard landscaping. 
• How will all officers know what plants are considered to be intended for consumption?
• Explicitly allowing hardscaping, growing food and planting trees allows equal access for all residents

To find where your ROW is:

• Visit geoOttawa
• Search your address
• Add the “Property Parcels” layer
• See how much of your front lawn falls outside of your property lines

These photos are already existing around Ottawa, and would be in violation if the proposed amendments are made: