HomeMy WebLinkAboutAgenda - 12-18-2018 8-d - Resolution of Approval – Adopt Best Management Practices for Roadsides and Utility Rights-of-Way that Benefit Pollinators and Native Plants in Orange County, NC 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 11, 2018
Action Agenda
Item No. 8-d
SUBJECT: Resolution of Approval —Adopt Best Management Practices for Roadsides and
Utility Rights-of-Way that Benefit Pollinators and Native Plants in Orange
County, NC
DEPARTMENT: Environment, Agriculture, Parks
and Recreation (DEAPR)
ATTACHMENTS INFORMATION CONTACT:
1. Draft Resolution David Stancil, 245-2510
2. NC Botanical Garden Letter Kim Livingston, 245-2514
3. Resolution (June 2012) Tom Davis, 245-2513
4. CFE Memo & Resolution (November
2009)
5. CFE Memo (December 2006)
PURPOSE: To consider a resolution to implement voluntary roadside and utility rights-of-
way best management practices that will increase the visibility, enjoyment, and conservation
of pollinators and native plants along the roadways and utility rights-of-way in Orange
County.
BACKGROUND: In 2006 the Commission for the Environment (CFE) began examining the
use of herbicides to control the growth of vegetation on roadsides and utility rights-of-way,
and the adverse effects of herbicides on certain roadsides that provide habitat for a variety of
native plants, some of which are rare in Orange County.
In 2012 the Board of County Commissioners (BOCC) adopted a resolution recommending
identifying roadsides with uniquely important habitats and working with landowners and utility
managers to conserve those areas. That resolution was a follow-up to a 2009 CFE adopted
resolution recommending that all use of herbicides to manage roadsides and utility rights-of-
way be discontinued in Orange County, and that mowing be reinstated as the sole means of
managing unwanted vegetation in those areas. The 2009 CFE resolution was a follow-up to
a December 2006 memo to the BOCC in which the CFE reported on this subject. Copies of
those documents are attached.
The North Carolina Botanical Garden (NCBG) and volunteers surveyed Orange County
roadways to identify uniquely important habitats and found that virtually all roadsides and
utility corridors had valuable native habitats for pollinators worthy of conservation.
Additionally, the NCBG found that the NC Department of Transportation (NCDOT) was
mowing rather than using herbicides as their primary means for vegetation control, and utility
companies were still using herbicide as their primary means for vegetation control. The
NCBG requested that the CFE consider revising the 2012 resolution to reflect the change in
focus on roadside and rights-of-way conservation.
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After further consideration of the NCBG request, the CFE is of the opinion that the vegetation
in roadsides and utility rights-of-way are an important resource for maintaining biodiversity in
native pollinators. Furthermore, best management practices that benefit pollinators and
native wildflowers, such as minimizing the use of herbicides, should be used along roadsides
and utility rights-of-way.
The CFE requests that the BOCC authorize the Commission for the Environment and
DEAPR staff to work with the North Carolina Botanical Garden to encourage the NC
Department of Transportation, utility companies, and property owners to plan, implement,
and study roadsides and rights-of-way management practices.
FINANCIAL IMPACT: There is no financial impact associated with consideration of the
resolution.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable
to this item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding
necessary for residents to provide shelter, food, clothing and medical care for
themselves and their dependents.
This resolution will help ensure the survival of pollinators that are necessary for cultivation
and food production, helping to provide healthy local food to County residents and others.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize
the Chair to sign the attached resolution.
RES-2018-08S Attachment 1 3
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Adopt Best Management Practices for Roadsides and Utility Rights-of-Way that
Benefit Pollinators and Native Plants in Orange County, NC
WHEREAS, in a 2012 resolution the BOCC committed "to the conservation of roadside
wildflowers along the roadways of Orange County;" and
WHEREAS, the roadsides and utility rights-of-way of Orange County support numerous
plant species that only occur in these open habitats such as the locally rare Indian
paintbrush and yellow-fringed orchid; and
WHEREAS, the vegetation in roadsides and utility rights-of-way are an important
resource for maintaining biodiversity in native pollinators such as wild bees; and
WHEREAS, many scientific studies support the conclusion that wild pollinator
biodiversity enhances agricultural productivity; and
WHEREAS, improper vegetation management, such as poorly timed or indiscriminate
use of herbicides may harm some rare plant species, reduce pollinator and wildlife
habitat, and detract from the aesthetic value of our colorful and extraordinary roadsides;
and
WHEREAS, best practices for maintaining habitat and safe roads are available such as
the "Roadside Best Management Practices that Benefit Pollinators" publication by the
Federal Highway Administration and Xerces Society for Invertebrate Conservation;
NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of
Commissioners recommend that all roadsides and rights-of-way be managed using best
practices that benefit native pollinators and native wildflowers, such as minimizing the
use of herbicides, and do hereby authorize the Commission for the Environment and
County staff to work with the North Carolina Botanical Garden to encourage the NC
Department of Transportation, utility companies, and property owners to plan,
implement, and study such roadside and rights-of-way management practices.
This the 11th day of December, 2018.
Penny Rich, Chair
Orange County Board of Commissioners
Donna Baker, Clerk to the Board
NORTH CAROLINA 4
BOTANICAL
GARDEN
THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL
Dear Orange County Commission for the Environment: November 1, 2017
I met with your advisory group on June 12,2017,to discuss the efforts to-date on the identification of
Orange County roadsides that have significant native wildflower occurrences. The goal is to provide the Board of
County Commissioners (BOCC)with data to support the 2012 resolution on the Conservation of Native
Wildflowers along Orange County Roadways (attached). The resolution appropriately points out that in addition
to aesthetics,native wildflowers are"essential to the fitness of native pollinator species necessary for productive
and profitable farms and forests."
The Commission for the Environment (CfE),in 2012,recognized that the use of herbicides in the last
decade to control vegetation,rather than by the more traditional mowing method,was harming native
wildflowers. Mowing, even done at the"wrong"time of year(i.e.,during flowering), is far preferable to the use
of herbicides. Mowing can actually benefit sun-loving plants(heliophytes)by reducing woody plant cover.
Herbicides, on the other hand,kill wildflowers even when the woody plants are the intended target,which
disrupts pollinator habitat and renders roadsides unsightly.
A recommendation was subsequently submitted by the CfE to the BOCC,who unanimously adopted the
following resolution on June 19, 2012:
The Orange County Board of Commissioners does hereby commit and encourage
others to commit to the conservation of roadside native wildflowers along the roadways
in Orange County, and do hereby authorize the Commission for the Environment and
County staff to work with the NC Department of Transportation,utility companies,
and property owners to plan and implement roadside management practices that will
increase the visibility and enjoyment of North Carolina native wildflowers.
North Carolina Botanical Garden Conservation Department staff and University of North Carolina
Biology Department faculty created a roadside inventory check sheet(attached)that provides a target list of native
wildflowers.A"watch for"list was also prepared for the rare and extirpated plants of Orange County that might
be found on roadsides. Percent cover of each species was also collected as a way to evaluate relative abundance.
North Carolina Botanical Garden Conservation Department biologists took primary responsibility for
collecting these data between 2012 and 2017. Because the detailed roadside inventory was very time consuming,
NCBG staff began a more qualitative approach by driving Orange County roads when target wildflowers were in
bloom.
The inventory groups determined that virtually ALL of the roadsides in Orange County contain
significant stretches of native wildflowers. The inventory groups also saw a notable decrease in wildflower
occurrence over the 5-year inventory directly attributable to herbicide use.
The NC Department of Transportation appears to use mowing as the primary management tool,whereas
the power companies tend to use herbicides.Although possibly difficult to coordinate,we recommend that
NCDOT partner with the power companies and return to mowing Orange County roadsides.
NCBG Conservation Department biologists are happy to assist with the plans that might be developed to
maintain and celebrate the natural beauty and ecological importance of Orange County roadsides. Thank you for
forwarding this information to the Board of County Commissioners. I am happy to speak with the CfE, Orange
County staff, and BOCC members.
Sincerely,
Johnny Randall,PhD
Director of Conservation
CAMPUS BOX 3375 • CHAPEL HILL, NC 27599-3375 • 919-962-0522 • NCBG.UNC.LDU
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ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Conservation of Native Wildflowers along Orange County Roadways
WHEREAS, the natural beauty of native wildflowers in Orange County can be enjoyed by
everyone, can attract guests, and benefit commerce, environmental health, and public well-
being; and
WHEREAS, enjoyment of native wildflowers is an occasion for all County and community
leaders to unite for the benefit of everyone; and
WHEREAS, many naturally beautiful species of native wildflowers, including Indian paintbrush,
yellow wild indigo, and Carolina rose, are already prominently displayed along Orange
County's state and county roadways; and
WHEREAS, increasing the visibility of native wildflowers in Orange County is consistent with
the vision of the 2030 Comprehensive Plan, and goals of many individuals, businesses, and
community-based organizations; and
WHEREAS, the presence of native wildflowers is essential to the fitness of native pollinator
species necessary for productive and profitable farms and forests; and
WHEREAS, it is desirable and attainable to experience the beauty of many more native
wildflowers by reducing the frequency and extent of roadside mowing, and
WHEREAS, State Road 1006 (Orange Grove Road) and State Road 1114 (Buckhorn Road)
are examples of roadways with pilot projects where native wildflowers have been conserved;
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners
does hereby commit and encourage others to commit to the conservation of roadside native
wildflowers along the roadways in Orange County, and do hereby authorize the Commission
for the Environment and County staff to work with the NC Department of Transportation, utility
companies, and property owners to plan and implement roadside management practices than
will increase the visibility and enjoyment of North Carolina native wildflowers.
This the 19th day of June, 2012.
Bernadette Pelissier, Chair
Orange County Board of Commissioners
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Donna Baker, �k to the Board q
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INFORMATIONAL ITEM
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MEMORANDUM
To: Board of County Commissioners
Frank Clifton, Interim County Manager
From: Johnny Randall and Michelle Kempinski, Co-Chairs
Date: November 17, 2009
Re: Recommendation for Discontinuing the Spraying of Herbicides
on Roadsides and Utility Rights-of-Way in Orange County
Over the past year the Orange County Commission for the Environment (CFE) has
considered the use of herbicides to manage the growth of vegetation along roadsides
and utility rights-of-way. The CFE has also discussed the value of those roadsides
and rights-of-way as habitat for native plants and wildlife.
The attached resolution, adopted by the CFE, recommends that all use of herbicides
to manage roadsides and rights-of-way in Orange County be discontinued, and that
mowing be reinstated as the sole means of managing unwanted growth of trees and
shrubs in those areas.
This resolution is a follow-up to a December 2006 memorandum to the Board of
Commissioners in which the CFE provided thoughts and recommendations on the
use of herbicides on roadsides and utility rights-of-way. A copy of that memorandum
is attached for your reference (Attachment 2).
Members of the Commission for the Environment (CFE) are available to answer any
questions and are willing to present its recommendations at an upcoming Board of
Commissioners meeting.
Attachments
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ORANGE COUNTY COMMISSION FOR THE ENVIRONMENT
RESOLUTION
to Discontinue the Spraying of Herbicides
on Roadsides and Utility Rights-of-Way in Orange County, NC
WHEREAS the roadsides and utility rights-of-way of Orange County support
numerous plant species that occur in these open habitats; and
WHEREAS many of these plant species occur no where else in the county except for
roadsides (such as Indian paintbrush and yellow-fringed orchid); and
WHEREAS this particular vegetation assemblage embodies much of the remnant
Piedmont prairie flora and represents a historical pre-European settlement
vegetation; and
WHEREAS the roadsides of Orange County also create habitat for numerous animal
species, possess tremendous aesthetic value, and provide and a sense of place; and
WHEREAS vegetation management using herbicides is causing loss of this
distinctive vegetation and detracting from the aesthetic value of our colorful and
extraordinary roadsides; and
NOW, THEREFORE BE IT RESOLVED that the Orange County Commission for the
Environment recommends to the Orange County Commissioners that all roadside
and rights-of-way management with herbicides be stopped and that mowing be
reinstalled as the sole means of management.
This the 10th day of November, 2008,
J hnnygandall, Co-Chair Achelle Kem inski, Co-Chair
(-.-Commission for the Environment Commission for the Environment
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To: Barry Jacobs, Chair
Board of County Commissioners
From: Hervey McIver and Johnny Randall, Co-Chairs
Date: December 4, 2006
Re: Comments from the Commission for the Environment Regarding
the Use of Herbicides in Utility and Roadside Rights-of-Way
In September, the Board of Orange County Commissioners referred to the
Commission for the Environment (CfE) for comment concerns raised by citizens
regarding herbicide use by Duke Power within their powerline rights-of-way
alongside a public road. This memo expresses the thoughts and recommendations
of the CfE on herbicide use in general and on the value of rights-of-way as wildlife
and native plant habitat.
In recent years, utility companies maintaining rights-of-way have moved away
from mowing to the use of herbicides for controlling woody vegetation. The NC DOT
(to a limited extent) and railroad companies also use herbicides to control woody
vegetation within their rights-of-way. The use of herbicides to control woody
vegetation is becoming more common because of cost (labor and equipment) and
logistical (steep slopes and vehicular access) issues.
In response to an inquiry into the Duke Power incident, a company
representative stated in an e-mail that, in the case in question, a combination of
Accord concentrate (diluted to 3.1%) and Arsenal was used. Glyphosate is the
active ingredient in Accord and is non-selective in its lethal effect on plants.
Imazapyr, the active ingredient in Arsenal, is a broadleaf-specific herbicide that has
non-selective plant effects through soil activity.
The Commission for the Environment has concerns about herbicide use in all
rights-of-way since even broadleaf-specific herbicides affect non-target plants via
soil activity. The loss of vegetation on these sites has negative impacts on the
environment and natural diversity.
Our specific concerns are outlined below.
1. Roadsides and utility rights-of-way represent a documented refugium
for many common and rare native grasses and herbaceous plants that
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are adapted to the open habitats once maintained by fire and grazing.
Prior to European settlement much of Orange County was
predominated by prairie-like and open woodland ecosystems
maintained by frequent, low-intensity, fires and grazing (by buffalo).
Mowing has been the standard roadside management tool for over a
century and is still commonly used across the US, which to a large
extent mimics the effects of fire and grazing by removing woody plants.
Herbicide use, therefore, threatens these remnant ecosystems within
rights-of-way.
2. Application of herbicides, even those that target broadleaf and woody
plants, can kill grasses and other monocots through soil activity. In
addition to refugium disruption, soil erosion is greatly increased without
a consistent herbaceous plant cover.
3. Rights-of-way are vulnerable to invasive plant colonization, which is
compounded when gaps are created with herbicide use. Invasive
plants are a serious threat to native plant communities, and their
colonization and spread should be discouraged.
4. Herbicide application often results in unavoidable, inadvertent, or
careless drift onto non-target plants outside the right-of-way.
(Herbicide drift is the reason that the herbicide complaint was made to
the County Commissioners in the first place.) While applicators must
be State certified, there are inevitably mistakes made, such as
excessive drift and overspray.
5. Rights-of-way with dead or dying plants during the growing season are
an aesthetic concern. The NC DOT Roadside Environmental Unit's
mission is: "To provide roadside elements for a statewide highway
system that are safe, environmentally sound, attractive and responsive
to the public's needs." The Orange County CfE fully endorses this goal
and believes that a no herbicide policy best supports the Roadside
Environmental Unit's mission.
Recommendations: The CfE recommends that the County engage all
companies and public agencies that use herbicides to control woody
vegetation in order to determine: 1) what herbicides are used and in what
manner, 2) what are the limitations of returning to mechanical rights-of-way
clearing, and 3) the locations of rare plants, specialized plant communities,
and sensitive ecosystems (e.g., stream sides) that should only be maintained
with mowing or hand-cutting.
These discussions should seek to remediate our concerns and lead to
changes in woody vegetation control practices. These talks should be
coordinated, if possible, with any similar existing negotiations between
concerned governmental agencies such as the NC Natural Heritage Program,
NC Division of Parks and Recreation, NC DOT, and the various utilities.
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