On Feb. 9, the City of Marathon quietly passed the first reading of ordinance 2021-07. Marathon is required to adopt the law if it wants future grant money from the South Florida Water Management District (SFWMD).
The question will be whether it’s worth the price.
The law is lengthy; 11 pages or so. There are tons of detail. But water the lawn on the wrong day, or at the wrong time, and homeowners could find themselves in violation. Going forward, watering will only be allowed after 4 p.m. but before 10 a.m. In Marathon, homeowners with even addresses may only irrigate on Thursday and/or Sunday. Homeowners with odd addresses may irrigate on Wednesday and/or Saturday.
South Florida and the Keys are no stranger to water restrictions during times of drought, but this law is in full effect year-round. When there is another drought, SFWMD will issue a new set of directions.
‘Water restrictions make sense when there are low levels in Lake Okeechobee,” said Councilman John Bartus, who voted against the ordinance with Councilman Mark Senmartin. “I don’t think this law was properly thought through. In Marathon, we take water conservation seriously, and we don’t have the same needs as lush lawns in Miami, Broward and Palm Beach. It just doesn’t make common sense.”
In fact, it doesn’t matter where the water comes from — ground or surface water, from a private well or pump, or from a public or private utility.
There are many other aspects to this law, with so much detail it will be hard to absorb.
For example:
– New landscaping can be watered once on the day it is installed. After that, citizens can get dispensation to water new landscaping (installed less than 30 days prior) on any day of the week except Friday. Landscaping that is 31 to 60 days old can be watered any day of the week except for Tuesday, Friday or Sunday. If challenged, the home or business owner must produce a receipt for the landscaping materials that shows date of purchase and, presumably, of installation.
– Property owners can get around the days and times of watering if they have one of these things: a handheld “self-canceling nozzle,” micro-irrigation (drip) system, rain barrels, cisterns or other rainwater collection mechanisms.
– If property owners use fertilizer, insecticides or other chemicals, they will be able to water in the additives once, unless the manufacturer says it must be more than once. The watering-in must be done on the allowable days and times dictated by the address. If that can’t be done, then the watering must be done by a licensed professional who has posted a notice.
– Property owners can also be cited for “wasteful and unnecessary” watering. Examples include over watering, leaving an unattended hose on a driveway with water flowing, allowing landscape irrigation water to unnecessarily fall onto pavement, sidewalks or other impervious surfaces.
– The city manager can grant a waiver in 11 instances. For example, if two or more properties share a source of water. Or, for example, if it wouldn’t be conducive for a flea market or church to water on the day of business or worship. If any waiver is given, it must be posted, of course.
At the city council meeting when this ordinance was discussed, Senmartin addressed enforcement.
“Are we going to have water police? We don’t even have code officers,” he said. “There is no way we could govern this. We can’t control this if we want to.”
Bartus said the portion of the law that describes the percentage of how much new landscaping must be in a certain zone in order to be considered new was a complete puzzle. “This is stern language from on high,” he said.
Marathon Mayor Luis Gonzalez said the law was described to him as a statutory necessity.
“I’m going to research it more prior to the second reading. What are the repercussions if we don’t go along? There are some things in this law that are out of bounds. I understand that we need water restrictions when there is a water shortage,” said Gonzalez.
The staff report’s background section for the council said, “Applications for funding under the SFWMD’s Cooperative Funding Program for FY2022 will be evaluated based on several factors including the adoption of an ordinance which fully comports with Chapter 40E-24 F.A.C.”
According to the SFWMD’s website, the water utility has funded $220 million in budgeted grants for 522 alternative water supply projects in the past 24 years.
Marathon has received about $2.5 million in SFWMD funds between 2006 and 2010. The funds were used for wastewater, stormwater and water reclamation projects.
The law also states, “It shall be the duty of each user to keep informed as to the landscape irrigation conservation measures within this Article …” That means that ignorance of the law is no excuse. If a property owner unwittingly violates this law, they would be held accountable.
Marathon City Council will have the second reading of its ordinance at the next monthly meeting.
