Fertilizers may be good for your lawn, but most people don’t realize how bad they can be for the environment. A new law that began being phased in on July 3, 2009 will help educate consumers and landscapers in Westchester about the dangers of phosphorous-containing lawn fertilizers and provide guidelines for the care of lawns.

The law, which limits the use of phosphorous-containing lawn fertilizers and imposes other common-sense restrictions on their application, was passed April 27, 2009 in an effort to minimize the damaging run-off that enters storm drainage systems and is carried to rivers, lakes, streams and wetlands. The legislation is intended to provide comprehensive public education resources for both homeowners and landscapers as it restricts the sale of certain products.

Westchester is the first county in the state to implement such restrictions, although the Governor’s office is proposing similar legislation statewide that would prohibit phosphorus-containing dish detergents as well.

While the most stringent restrictions on the sale and application of phosphorous-containing lawn fertilizer products won’t go into effect until 2011, a phase-in period has  put several limitations into place this summer. Fertilizing is prohibited on hard or impervious surfaces such as pavement or near surface water, as well as within 20 feet of any surface water. Retailers will soon be required to post signs informing customers about the upcoming law and the impacts of fertilizing their lawns. Application of lawn fertilizer will also be banned during winter months as it can’t be absorbed into frozen ground and will wash off into waterways with the first rains.

“We want to encourage consumers to make smarter decisions when it comes to maintaining a healthy lawn and garden,” said County Executive Andy Spano, who proposed the ban as another way of protecting water quality. “If not used properly, fertilizer can wash off yards and driveways and go directly into our streams and reservoirs. This legislation imposes inexpensive and common sense guidelines for the use of all fertilizers.”

Lawn fertilizer containing nitrogen and phosphorous is a key source of the nutrient pollution that is damaging our drinking water and the environment. Phosphorus fertilizer washes off lawns and gardens and flows into streams and reservoirs, overstimulating the growth of algae, which damages water quality, impairs drinking water sources, and reducing life-sustaining oxygen to fish and other aquatic life. Spano noted that 90% of the soils in Westchester County already have enough phosphorus to maintain a healthy lawn.

Fertilizers containing phosphorous can continue to be used on new lawns and new lawn areas, on shrubs and trees, for agricultural use, and on lawns with a demonstrated  phosphorous deficiency.

Spano noted that even though the law won’t be fully effective for another two years, it’s important to start shifting consumer practices now. Check out “Best Practices for Healthy Fertilizing.” 

The law will affect homeowners, retailers and contractors as follows:

Homeowners:

• Effective July 3, 2009 -
   - Fertilizer cannot be applied between December 1 and April 1, when the ground is frozen and more likely to produce runoff.
   - Fertilizer cannot be applied on impervious surfaces such as driveways, parking lots, roadways or sidewalks.
   - Fertilizer cannot be applied to lawn areas that are within 20 feet of any surface water, unless a natural vegetative suffer at least 10 feet wide separates the lawn area
      and the surface water
• Effective July 3, 2011
   - Fertilizer containing phosphorous cannot be applied to lawn areas unless soil tests confirm the need for additional phosphorous.
• Fertilizer containing phosphorous can be applied to newly established turf or lawn areas during their first growing season, when more nutrients are needed for the grass to take root.
• Fertilizer can be applied to vegetable and flower gardens, trees and shrubs.

Retailers selling fertilizer:

• Effective Sept. 1, 2009
   - Must post sign containing the new regulations for sale and use of fertilizer and explaining the effects of phosphorous and nitrogen on water quality and Westchester 
    County waters. Sign must be in form provided by the Department of Consumer Protection.
• Effective Jan. 1, 2001
   - Cannot display for sale fertilizer containing phosphorous.
   - May post signs advising customers that fertilizer containing phosphorous is available upon request for uses permitted by law.

Home improvement contractors providing turf or lawn services:

• Effective July 3, 2009
   - Fertilizer cannot be applied between December 1 and April 1, when the ground is frozen and more likely to produce runoff.
   - Fertilizer cannot be applied on impervious surfaces such as driveways, parking lots, roadways or sidewalks.
   - Fertilizer cannot be applied to lawn areas that are within 20 feet of any surface water, unless a natural vegetative suffer at least 10 feet wide separates the lawn area and the surface water.
• Effective Jan. 1, 2011
    - Fertilizer containing phosphorous cannot be applied to lawn areas unless soil tests confirm the need for additional phosphorous application.
• Fertilizer containing phosphorous can be applied to newly established turf or lawn areas during their first growing season, when more nutrients are needed for the grass to take root.
• Fertilizer can be applied to vegetable and flower gardens, trees and shrubs.
• Effective Nov. 1, 2009
    - Must complete approved turf management course and submit proof of completion when applying for or renewing home improvement license.
  The course will be developed and provided in cooperation with  Cornell Cooperative Extension of Westchester County, 26 Legion Drive, Valhalla, NY 10595,
  (914) 285-4640. More information on course content and times will be published at a later date.

Learn more about how to protect your water quality.