Fiscal Note
No appropriation required.
Title
Re-enforcing the City of Madison's opposition to any bills in the Wisconsin Legislature that result in pre-empting local units of government from regulating lawn fertilizing that is detrimental to the health and well being of Madison residents.
Body
Preamble
On February 3, 2004 the Common Council of the City of Madison unanimously passed Amended Second Substitute Ordinance 13532, ID 34613 which regulates the use of fertilizers within city boundaries. On February 1, 2005, the Common Council unanimously passed an updated lawn fertilizing Ordinance, No. 05-00034, ID 00093, that restricts the application of lawn fertilizers containing unnecessary amounts of phosphorous.
WHEREAS, the quality of life of Madison residents is directly affected by the conditions of Lakes Mendota, Monona and Wingra; and
WHEREAS, Madison lakes represent a major economic development engine directly supporting the economic well-being of Madison residents and generating millions of dollars in income to state of Wisconsin residents; and
WHEREAS, the potential exists for significant health risks to people, pets, fish and animals due to algae blooms which create unsafe water conditions in Lakes Mendota, Monona and Wingra; and
WHEREAS, by limiting the amount of phosphorous entering into Madison lakes via run off from lawns we will decrease the amount of algae in Madison's treasured lakes; and
WHEREAS, most members of the Legislature claim to support and be respectful of local control; and
WHEREAS, preemption legislation on this subject is an unnecessary "taking" this time of local control and can only be seen by local governments as an affront to their autonomy and an attack on their abilities;
NOW, THEREFORE, BE IT RESOLVED, that preemption of the enactment of local fertilizer regulations that control phosphorous levels on the local level erodes the fundamental ability of local government's home rule powers, thus limiting them to determine their local affairs and government;
BE IT FURTHER RESOLVED, that by adoption of a series of fertilizer regulations in it's Municipal Code, the City of Madison opposes any bills in the Wisconsin Legislature that result in pre-empting local units of government from regulating lawn fertilizing that is detrimental to the health and well being of Madison residents.
BE IT FINALLY RESOLVED, that a copy of this Resolution be promptly distributed to Governor James E. Doyle and the Madison area legislative delegation.