Alayne McGregor
If you have a garden or a Little Free Library near the city sidewalk, it could be illegal under current city bylaws – and under proposed changes.
The city’s Transportation Committee will debate the changes on June 22 and City Council on June 28.
City staff have proposed updates to the Use and Care of Roads By-law – which controls what’s allowed not only on roads and sidewalks, but on a strip of land in your front yard abutting the sidewalk.
That’s considered to be part of the city’s “right of way” for that road. The width varies by road and is specified on the legal survey for each property. A good rule of thumb would be to assume that at least the first two metres of your front yard is actually under city control.
Right now almost anything green except grass and a city tree is forbidden in that strip, and the city is proposing changes to the by-law that would make it easier to do some gardening there.
Most gardens won’t meet the new rules
But when The BUZZ walked down Centretown streets, most of the flowerbeds we saw still wouldn’t meet the new rules, because they allow only “soft landscaping” – i.e., decorative plants.
What will not be allowed:
- growing food, such as vegetables, fruit, or herbs
- plants taller than 0.75m high (i.e., no sunflowers)
- any hard landscaping materials, such as raised beds with wooden sides, larger decorative stones, or pavers
- riverstone/gravel surfaces
- your own tree (you can get a free tree for the right-of-way from the city)
- noxious weeds and invasive plant species
No gardens can be located within one metre of the trunk of a city tree (so much for planting tulips around the tree). Nor will they be allowed within a 1.5 metre radius of a fire hydrant or hydro transformer, as well as within a three metre-wide corridor from the fire hydrant or transformer to the roadway.
Is there a catch basin in the sidewalk? Gardens are not permitted within 1.5 metres of a catch basin and manhole.
Is there a hydro pole, guide wire, or telecom pedestal on your property? Don’t plant within one metre of that.
Are you next to an OC Transpo bus stop? No gardening is allowed in the city right-of-way from 45m approaching the bus stop flag to 5m after leaving that flag. This is “to ensure the continued safe operation of OC Transpo services, including the maintenance and operation of bus stops.”
Gardens must be hand-dug (no machinery allowed) in order to protect underground utilities such as gas lines, hydro lines, and telecommunication cables as well as tree roots. Before installing a garden or little free library, you must call Ontario OneCall to have your utility lines located.
Dalhousie resident Ria Bachman phoned The BUZZ when we alerted our readers to the bylaw changes. She had put stones at the front of her front-yard garden to keep the soil in, and she would be upset at having to remove them.
She said she was devastated at the thought that someone from the city might tell her to remove her garden. “I do a lot of gardening, and total strangers come by and tell me how much they appreciate my garden.”
Little Free Libraries also regulated
Little Free Libraries (LFLs) will have their own sets of restrictions:
- a signed letter of acknowledgement must be provided to the city before installing an LFL;
- they may not have a permanent foundation, such as poured concrete;
- they may only be installed on a local road. This would prevent them from being installed in many roads in Centretown which are categorized as collectors or arterials even though residences are located on them;
- a LFL will not be allowed within 15m of the corner in a corner lot.
The city also says that any gardens or LFLs must be maintained, and are installed at the owner’s risk.
The city or utility companies can require the gardens or LFLs to be removed if they need access to install, maintain or repair infrastructure; you would be responsible for replacing them afterwards.
Pop-up retail and sidewalk signs also covered
The new bylaw also covers pop-up retail display and vending by businesses on the sidewalk or within the right-of-way. Signs or structures will not be allowed within the outside 2m of a sidewalk, and all must be removed each evening.
The maximum size of any sign or structure would be five square metres. The operator must notify the city in advance, and commercial operators must show proof of liability insurance.
You can get more info and the full list of restrictions at engage.ottawa.ca/use-and-care-of-roads-bylaw-updates
Residents can sign up to speak at Transportation Committee for five minutes (either in person or online), or submit written comments to the committee.
Contact Committee Coordinator Rosa Ramos at (613) 580-2424, ext. 21934 or Rosa.Ramos4@ottawa.ca