Growing food and allowing planters in residential boulevard gardens

There are several concerns to balance when reviewing the growing of food and allowing planters in residential boulevard gardens, including, but not limited to the following:

• Access to food is a concern citywide and residents across all demographics may experience challenges related to food security. Residential properties vary in size and context, some with large rear or front yards, others with no yard at all. Many residents do not have sufficient space on private property to grow food and may not have access to a space at a community garden or allotment garden. While a modest amount of food can be grown within the average boulevard abutting a residential property, for a person or family who lack sufficient access to food, the opportunity is not insignificant.
• While residential property owners are required to cut the grass or maintain soft landscaping on the boulevard abutting their property, the land is owned by the municipality and has important public functions. The boulevard can include belowground and aboveground infrastructure, such as fire hydrants, hydro transformers, telecommunication pedestals and lighting, that City staff and public utilities are required to maintain and access. Municipal trees, Canada Post mailboxes and OC Transpo stops are also located in the boulevard. During the winter, the boulevard is used for snow storage and equipment must be able to navigate roads and sidewalks unimpeded without added risk to the operator or public.
• There are a variety of speed limits on roadways adjacent to residential properties across the city. From a traffic and road safety perspective, it is desirable to not have objects within the clear zone of the roadway. The clear zone is the area in which an errant vehicle that has run off the road can stop or slow down before encountering obstacles.
• Given the proximity to the publicly travelled roadway or sidewalk, people and their pets may interact with a boulevard garden. This presents some risks, including people picking and eating produce they have not been responsible for growing, gardens being disturbed by people exiting parked vehicles or by pets, urine and fecal contamination from pets or other animals, and neighbour disputes. Produce may attract animals, including rodents, birds and other pests which can increase the risk of fecal contamination and nuisances.
• The City cannot guarantee the suitability of soil in the boulevard for food production. Contaminants could be present in the soil at unknown and potentially unsafe levels due to historic land uses (for example, where the property is within the footprint of a former landfill or industrial site) and/or the proximity to the roadway. Fumes from exhaust, dust, sand, road salt and grit are among other factors to consider when growing food. Ongoing runoff can also introduce new contaminants into the soil.
• Raised garden beds and moveable containers can act as a mitigation measure for some hazards as well as address the needs of those who may require a raised planting surface for accessibility.
• Raised garden beds and moveable containers allow for larger soil volumes that are not permitted to be added to the boulevard but are necessary for growing certain plants.

The recommendations proposed in the report are the result of a review of the regulations in 13 Canadian municipalities, internal consultations, and engagement with public utilities, community partners, and the public through an online survey.

The recommendations are:

• Remove the existing prohibition on growing food
• Allow the placement of stationary raised garden beds under certain conditions
• Allow the placement of moveable containers under certain conditions
• Allow plant supports to be used seasonally under certain conditions
• Amend the provisions regarding indemnity and release to account for the expanded uses in the boulevard

The recommendations in the report are focused on the Council directions that initiated the review. Except for the proposed allowance for planting food and permission for planters, it is recommended that all existing provisions related to residential boulevard gardening remain unchanged. The staff recommendation to allow food growth either directly in the soil, in raised planters or in containers is proposed to be accompanied by enhanced public information and guidance.