Fertilizer Rules — Sebastian, Florida

Sebastian regulates lawn and landscape fertilizer through a city ordinance written to keep nutrients out of the Indian River Lagoon. As summarized by Vero News in April 2015, a fertilizer ordinance has been implemented in communities along the Indian River Lagoon, including Sebastian, and it is illegal to use any fertilizer containing nitrogen and/or phosphorous on either turf grass or landscape plants during June, July, August or September. That four month window, often called the blackout period, matches the summer rainy season on the Treasure Coast.

Sebastian's rules closely track the Fertilizer and Landscape Management Ordinance adopted by Indian River County in 2013. The Indian River County Stormwater Division lists the core county requirements: no fertilizer between June 1 and September 30, no fertilizer within ten feet of any wetland or water body or from the top of a seawall, no phosphorus without a soil or plant tissue deficiency test, and nitrogen fertilizer containing at least 50% slow release nitrogen. The county ordinance itself applies in the unincorporated areas of Indian River County, which is why Sebastian, Vero Beach and Indian River Shores each adopted their own versions.

With 25,759 residents and 83.5 percent of households owner occupied (U.S. Census Bureau ACS 2023), Sebastian has a large share of single family lawns, many of them in neighborhoods draining toward the lagoon and the St. Sebastian River.

The summer blackout is the most visible rule, but Indian River County's ordinance also sets conditions for the rest of the year. According to the county, fertilizer cannot be applied to saturated soils, when a Flood/Tropical Storm/Hurricane Watch or Warning is in effect for any part of the county, or when rainfall greater than two inches in a 24 hour period is likely. Packaged fertilizer must be applied according to its label, fertilizer may not be applied before seeding or sodding or within the first 30 days, and spreader deflector shields are required on rotary spreaders.

Waterfront lots in Sebastian face a buffer rule. The county ordinance bars fertilizer within ten feet of any wetland or water body or from the top of a seawall, though newly planted turf and landscape plants in that zone may be fertilized only between 30 and 90 days after planting and only if necessary. The ordinance also prohibits fertilizer, grass clippings and other vegetative debris from going into stormwater drains, ditches, conveyances or water bodies, and bars fertilizer from being spilled on impervious surfaces such as driveways along Sebastian streets.

Nutrient content is regulated as well. Indian River County required at least 25% slow release nitrogen until May 31, 2014, rising to at least 50% slow release nitrogen beginning June 1, 2014. Phosphorus may not be used without the proper soil or plant tissue deficiency test. A community reminder from the Indian River Neighborhood Association, published by Vero News in May 2020 and addressed to residents of Sebastian, Vero Beach and Orchid, stated that no fertilizer containing phosphorous is to be used anytime and that no fertilizer is to be applied within 10 feet of any water body.

In a May 20, 2024 notice carried by WQCS, the Indian River Neighborhood Association said the summer ban applies to Indian River County residents near the lagoon in Sebastian, Vero Beach, Indian River Shores and Orchid, and that the June 1 through September 30 window aligns with the rainy season, when fertilizers are more likely to wash into stormwater systems and ultimately into the Indian River Lagoon.

The county ordinance lists specific exemptions: bona fide farm operations and pastures used for grazing livestock, lands used for bona fide scientific research, golf courses when landscaping follows best management practices, athletic fields at public parks and school facilities, and vegetable gardens and trees grown for edible fruit. Vero News reported in 2015 that the same categories are exempt from the ban in Sebastian, while noting that commercial and institutional applicators remain regulated.

Professional applicators working in Sebastian and the rest of Indian River County must complete the six hour training program in Florida-friendly Best Management Practices for Protection of Water Resources by the Green Industries, offered by the Florida Department of Environmental Protection through the University of Florida Extension Florida-Friendly Landscapes program. The UF/IFAS Florida-Friendly Landscaping program lists this GI-BMP Certification Training among its offerings and counts Fertilize Appropriately and Protect the Waterfront among its nine principles.

Indian River County ties the training to licensing: owners of any business that may apply fertilizer must provide proof of training before obtaining an Indian River County Local Business Tax Receipt, and after December 31, 2013 all commercial fertilizer applicators must carry evidence of certification when applying fertilizer.

Sebastian moved early, then hesitated. The Indian River Guardian reported in February 2014 that Sebastian was the first municipality in Indian River County to approve the state's ordinance guidelines, dating that step to 2010. Vero News coverage gives a 2012 date for the council vote: the council approved the Florida Friendly model fertilizer ordinance on first reading on April 11, 2012 by a 4-1 vote (Vero News), and in May 2012 Vero News reported final approval of the Florida model ordinance, which recommends property owners follow state best management practices. Councilwoman Andrea Coy cast the dissenting vote both times, seeking limits on phosphorus and a slow release nitrogen requirement.

Indian River County then went further. On Aug. 20, 2013, the Board of County Commissioners approved Ordinance No. 2013-012, later amended by Ordinance No. 2013-014, effective October 14, 2013. Vero News reported the county ordinance included a rainy season blackout and that violators would receive an initial warning, then fines. On Sept. 10, 2013, the County Commission voted unanimously to urge Indian River County cities to adopt ordinances consistent with the county's.

Sebastian initially declined. At its Sept. 11, 2013 meeting, the Sebastian City Council voted 4-1 to reject the stronger ordinance and retain the state model ordinance, according to Vero News, after more than three hours of testimony from environmental groups including the Sierra Club and Pelican Island Audubon Society and from lawn care interests. Coy was again the lone dissent.

The council reversed course in early 2014. On Feb. 26, 2014, it approved first reading of a revised Sebastian ordinance that basically matched the county's, with second reading set for March 26, 2014. The Indian River Guardian account reports the vote as 4-1 in its opening and as 3-2 later in the story, with Mayor Bob McPartlan and Vice Mayor Jim Hill voting no. City Attorney Robert Ginsburg described compliance as typically handled through code enforcement.

Local fertilizer ordinances in Sebastian and Indian River County operate within Florida Statutes section 403.9337. The statute encourages every county and municipal government to adopt the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes, and requires governments within the watershed of a water body listed as impaired by nutrients to adopt the model at a minimum. That requirement is the backdrop for the 2012 adoption of the model ordinance in Sebastian.

The statute also explains why the 2013 Sebastian debate turned on science. A local government may adopt more stringent standards than the model only if it demonstrates, as part of a science-based program, that they are necessary to address urban fertilizer contributions to nutrient loading, and documents that it considered input from the Department of Environmental Protection, the Department of Agriculture and Consumer Services and the University of Florida Institute of Food and Agricultural Sciences. Ordinances adopted or amended on or after January 1, 2009 must substantively conform to the most recent model, and the section does not apply to farm operations or agricultural lands, consistent with the farm exemption in the Indian River County ordinance.

Each spring, Indian River County and community groups remind residents before the June 1 start. On June 7, 2023, the Indian River Guardian published the county's notice that the annual fertilizer blackout period begins June 1, applying to homeowners, landscapers and lawn service businesses, with fertilizer barred from June 1 to September 30. The county's stormwater educator also serves as fertilizer enforcement officer, according to the 2024 WQCS notice. In April 2015, Vero News reported that an Indian River County environmental specialist briefed the Sebastian City Council on ordinance basics and noted that some retailers and lawn care workers still used noncompliant products during the blackout period.