Growing food and allowing planters in residential boulevard gardens
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The City of Ottawa’s Right of Way branch is reviewing potential updates to the Use and Care of Roads By-law(By-law No. 2003-498), specifically growing food and allowing planters in residential boulevard gardens.
Background
The right of way is the City-owned portion of land that includes roadways, shoulders, sidewalks, and boulevards beside your property. In some cases, the grass boulevard may extend a considerable amount towards a residential property and can include belowground and aboveground utility infrastructure and boulevard trees.
In 2023, City Council passed amendments to the Use and Care of Roads By-law (By-law No. 2003-498) to allow the owner of land zoned residential to plant and maintain gardens (soft landscaping) instead of grass within the boulevard abutting their property. At that time, the by-law provisions stated that plants intended in whole or in part for consumption (food) were not permitted, but staff had committed to further review. Staff were also directed to review the matter of allowing planter boxes in boulevard gardens.
For clarity, the space being discussed is the City-owned right of way boulevard that abuts a residential property which is the owner’s responsibility to maintain and therefore does not include other areas such as a center median or traffic circle.
There are several concerns to balance when reviewing the growing of food and allowing containers in residential boulevard gardens, including, but not limited to the following:
Food security is a city-wide concern. Residential properties vary in size and context across the city and many residents may not have sufficient, or any, rear yard space to grow food. While a modest amount of food can be grown within the boulevard, the potential opportunity should not be dismissed.
The boulevard is a public space where people, pets, and other animals may interact with a garden. Produce may attract animals and birds which can increase the risk of fecal contamination. Some locations may present themselves as less suitable for growing food than others.
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.
Readily 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.
Readily moveable containers allow for larger soil volumes that are not permitted to be added to the boulevard but are necessary for growing certain plants.
Containers that cannot be readily moved can pose operational and safety issues for City staff and public utilities.
Framework being considered to allow food growth and containers in residential boulevard gardens
Staff have reviewed boulevard gardening regulations in 12 Canadian municipalities and while there is no universal approach, it was found that growing food in the boulevard is feasible and generally permitted. Based on the findings and the above considerations, City staff are considering the following by-law updates:
Removing the existing prohibition on growing food within residential boulevard gardens.
Introducing a provision allowing readily moveable containers within residential boulevard gardens on a seasonal basis. Recognizing that the City or public utilities may need to work in the boulevard, containers must be readily moveable. Raised beds that require tools to dismantle or release soil onto the boulevard when moving are not considered readily moveable. Containers would be allowed on a seasonal basis and must be removed between November to May to facilitate winter operations.
A signed letter of acknowledgement and release would be required to introduce edible plants (food) to a residential boulevard garden. The City cannot guarantee the suitability of the location or soil for growing food and must protect itself and the public from potential risks that may arise from residents engaging in this activity. A letter of acknowledgement is an added step to ensure residents understand and accept all liability and risk of growing and consuming food grown in the boulevard.
Changes to existing boulevard gardening regulations are not being reviewed. By-law requirements for gardens regarding height restrictions and location will continue to apply regardless of if food was included or a planter was in place (for example no container can be located within one metre of a municipal tree).
The City of Ottawa’s Right of Way branch is reviewing potential updates to the Use and Care of Roads By-law(By-law No. 2003-498), specifically growing food and allowing planters in residential boulevard gardens.
Background
The right of way is the City-owned portion of land that includes roadways, shoulders, sidewalks, and boulevards beside your property. In some cases, the grass boulevard may extend a considerable amount towards a residential property and can include belowground and aboveground utility infrastructure and boulevard trees.
In 2023, City Council passed amendments to the Use and Care of Roads By-law (By-law No. 2003-498) to allow the owner of land zoned residential to plant and maintain gardens (soft landscaping) instead of grass within the boulevard abutting their property. At that time, the by-law provisions stated that plants intended in whole or in part for consumption (food) were not permitted, but staff had committed to further review. Staff were also directed to review the matter of allowing planter boxes in boulevard gardens.
For clarity, the space being discussed is the City-owned right of way boulevard that abuts a residential property which is the owner’s responsibility to maintain and therefore does not include other areas such as a center median or traffic circle.
There are several concerns to balance when reviewing the growing of food and allowing containers in residential boulevard gardens, including, but not limited to the following:
Food security is a city-wide concern. Residential properties vary in size and context across the city and many residents may not have sufficient, or any, rear yard space to grow food. While a modest amount of food can be grown within the boulevard, the potential opportunity should not be dismissed.
The boulevard is a public space where people, pets, and other animals may interact with a garden. Produce may attract animals and birds which can increase the risk of fecal contamination. Some locations may present themselves as less suitable for growing food than others.
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.
Readily 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.
Readily moveable containers allow for larger soil volumes that are not permitted to be added to the boulevard but are necessary for growing certain plants.
Containers that cannot be readily moved can pose operational and safety issues for City staff and public utilities.
Framework being considered to allow food growth and containers in residential boulevard gardens
Staff have reviewed boulevard gardening regulations in 12 Canadian municipalities and while there is no universal approach, it was found that growing food in the boulevard is feasible and generally permitted. Based on the findings and the above considerations, City staff are considering the following by-law updates:
Removing the existing prohibition on growing food within residential boulevard gardens.
Introducing a provision allowing readily moveable containers within residential boulevard gardens on a seasonal basis. Recognizing that the City or public utilities may need to work in the boulevard, containers must be readily moveable. Raised beds that require tools to dismantle or release soil onto the boulevard when moving are not considered readily moveable. Containers would be allowed on a seasonal basis and must be removed between November to May to facilitate winter operations.
A signed letter of acknowledgement and release would be required to introduce edible plants (food) to a residential boulevard garden. The City cannot guarantee the suitability of the location or soil for growing food and must protect itself and the public from potential risks that may arise from residents engaging in this activity. A letter of acknowledgement is an added step to ensure residents understand and accept all liability and risk of growing and consuming food grown in the boulevard.
Changes to existing boulevard gardening regulations are not being reviewed. By-law requirements for gardens regarding height restrictions and location will continue to apply regardless of if food was included or a planter was in place (for example no container can be located within one metre of a municipal tree).
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Thank you to everyone who submitted a response to the Residential Boulevard Gardening Survey (December 1st to 31, 2024).
The following document provides a summary of the survey results:
The results of this engagement will be used to further develop staff’s recommendations for updated by-law provisions. Recommendations will be included in the staff report to the Public Works and Infrastructure Committee and City Council for their consideration and approval in 2025.
