A sweeping new bill, L.D. 649, has put Brunswick on a path to weigh whether to restrict pesticide use to preserve the local watershed and allow longer lawns and home gardens to protect pollinators.
Modeled off Maryland legislation to limit homeowner control over eco-friendly yards, Sen. Mattie Daughtry (D-Cumberland) was moved by a December 2022 article in The New York Times, “They Fought the Lawn and the Lawn’s Done.” The story spotlights a Maryland couple, Janet and Jeff Crouch, who replaced their grass turf lawn with native plant beds. When the homeowners’ association ordered them to restore their yard to its original condition, the dilemma was resolved in court.
In Daughtry’s written testimony, she mentioned that in Brunswick alone, the shellfish industry is worth $13 million — “but not if the clams are dead.” In 2023, due to runoff from lawn fertilizers and pesticides, nearly 4 acres of softshell clams in Maquoit Bay died off.
Daughtry added that turf lawns — “ecological dead zones that require excessive water and chemical treatment” — pose a direct risk to bird, insect and wildlife populations, stressing that if HOAs continued to fight native landscapes, the bees and other pollinators would die.
On June 20, the bill passed, putting Maine on the map with other states taking steps similar steps, including California, Illinois, Massachusetts, New Jersey , New York, North Carolina and Ohio.
Nonetheless, according to residents, the rollout has been bumpy.
Many local condominium associations have rules that make the land outside the lessee’s property is under “common” ownership. What happens from the studs in, the unit owner can control, but what happens from the studs out is up to the association.
Abbie Sewall, a member of the Brunswick Conservation Commission, is drafting a pesticide ordinance for the town similar to those passed in local municipalities like Ogunquit, South Portland, Portland, Cape Elizabeth, Hallowell and Blue Hill.
“L.D. 649 is well-intentioned. … It’s a great start,” Sewall said. “But what needs to happen is a paradigm shift. We must embrace biodiversity; a looser and less-mowed look might not be as pristine, but it’s much better for our pollinators and waterways.”
The first step is caring
Growing up in Brunswick, Daughtry remembers playing in the woods before the spread of tickborne disease and along the coast before the threat of green crab infestation. She first dipped her toes in politics as a student at Brunswick High School when she saw the impact carcinogenic chemicals sprayed on athletic fields had on classmates.
“Alarm bells are sounding,” Daughtry said. “And I hear them. When one of my friends, like the couple in Maryland, tried to create a tactile herb garden for her daughter but was stopped by her Brunswick HOA, I knew something had to be done.”
Daughtry worked with Dan Devereaux, Brunswick’s coastal resource manager, to build legislative support by exposing the economic impact of pesticides infiltrating the working waterfront. Together, they highlighted how such chemicals contribute to algae blooms, affecting the shellfish harvest.
Daughtry praised the mobilization of a pesticide ordinance. Since her bill is less than a year old, she said she is waiting to see how things pan out and keeping an eye on whether a bill more geared to address COAs would be effective.
As Daughtry put it, the first step to change is caring, and the first step to caring is doing. She pointed to a few memories of her dad picking snap peas and hollyhocks and helping her mom run a local blueberry field. Now, as a homeowner in downtown Brunswick, her garden incorporates native plants and low-impact landscaping.
“Having conversations about the environment can seem scary,” Daughtry said. “But it’s important we talk about what’s going on. One of the first steps is fostering a connection to nature: Go out, put your hands in the soil and let that magic captivate you. It’s true. We care about what we love. So let’s love.”
Jumping on the bandwagon
Brunswick’s ordinance won’t be the first in the area. Portland residents were reportedly concerned about pesticides infiltrating Casco Bay, which led to a 2018 citizen-driven ordinance to prohibit fertilizers.
Portland Sustainability Director Troy Moon said that enforcement has been tricky. The ordinance doesn’t ban pesticide sales, so stores like Lowe’s and Walmart still offer the prohibited items, making it tough to control people’s use in their backyards. Still, the impact has been felt.
“Now our policy aligns with the ethic of our constituents,” Moon said. “This has given us a chance to lean into education — spreading the word about how to tread lightly — through webinars, social media and conversations with professional applicators. There’s a net increase in the knowledge base on the professional and homeowner level.”
Similarly, in 2015, Protect South Portland encouraged the South Portland City Council to pass an ordinance. In 2016, South Portland enacted a pesticide-use provision, later updated in 2020, to prohibit the use of fertilizer to decrease the likelihood of adverse water-quality impacts from excessive nitrogen and phosphorus.
Like Moon, Julie Rosenbach, South Portland sustainability director, reflected on the improvements since the ordinance was passed. She pointed to the city’s Resilient Yards program, which aims to provide hyper-local technical assistance to residents.
The program was launched in 2023 to get 100 property owners to participate. Despite three major snow storms, 430 property owners had signed up by March. With the help of funding from partner organizations, 30 vegetable gardens, six rain gardens and 250 native plants were planted across municipal borders.
“This year’s program focuses on replacing turf lawns with native habitat gardens,” Rosenbach said. “We are working with homeowners to help them get started by providing raised vegetable beds, seeds, mulch and compost, volunteer assistance, and educational resources.”
Brunswick pesticide ordinance
All that to say, there are known, effective alternatives.
“By eliminating toxic pesticide use on public and private property, we can safeguard natural resources that contribute to the vitality of local fisheries,” Sewall said. “Waivers and exemptions offer different ways of enforcement, but the bottom line is to reduce the use of synthetic fertilizers and landscaping chemicals. In short, farms and golf courses are exempt, and waivers can be granted for emergencies like brown-tail moth infestation.”
Some municipalities, like Portland, tackle enforcement with advisory committees or by deferring the task to the code enforcement officer. Others either levy fines for violations or counter the wrongdoing with educational outreach. Sewall feels the most suitable option for Brunswick would be gathering a committee comprised of members from the Conservation Commission, Town Council, Marine Resource Committee and the code enforcement officer.
Ashley Charleson, the Brunswick sustainability director, plans to tighten the shoreland protection overlay, representing the area’s most vulnerable lands. This is projected to wrap up next summer.
In the meantime, Sewall will continue tidying up the draft ordinance and preparing an outline to present to the Town Council.
“I’m very optimistic,” Sewall said of the proposal’s prospects.
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