HomeMy WebLinkAboutEAC Board Report March 2020South Bend Venues Parks and Art’s
Ecological Advocacy Committee
Triannual Report
For the Period Covering:
October 24, 2019, to March 11, 2020
Submitted by
Steve Sass
2020 Chair
Additional 2020 committee members:
Jo Borer
Lindsay Chadderton
Alicia Czarnecki
John DiTillo
Amy Kryston
Ally Pudlo
Andy Schnable
Andrew Tucker
Summary
With an increase in the frequency of meetings, the task of expanding the Natural Resource
Management Plan, and providing support for two proposed ordinance changes, 2020 promises
to be the busiest and most challenging period in the four-year history of the Ecological Advocacy
Committee (EAC). Despite these challenges, the EAC remains committed to aiding in the
creation of sound policies that will continue to position South Bend as a regional environmental
leader.
Introduction
This document is the first of three scheduled formal reports by the EAC to the South Bend Park
Board of Commissioners in 2020. The other reports will be submitted and presented on July 20
and December 14. The PARC Committee of the South Bend Common Council will also receive
copies of all three scheduled reports.
Elbel/Mud Lake Proposal
As mentioned in the EAC's October report, in September of 2019, the committee reviewed a
proposal submitted by members of the community related to Mud Lake, the wetland adjacent to
Elbel Park. The document (see appendix A) requested that South Bend initiate the process of
obtaining State Dedicated Nature Preserve status for Mud Lake, which is not city-owned.
The EAC formed a standing subcommittee to study and make recommendations on matters
related to Elbel Park and Mud Lake. In response to the proposal, the consensus opinion of the
subcommittee and subsequently of the full EAC was to strike the sole goal of Dedicated Nature
Preserve, and instead offer the following recommendation:
“Mud Lake is an important ecological resource. As an owner of adjacent property, the City of
South Bend VPA should strive to ensure that Mud Lake and its contributing watershed are
protected and restored; including but not limited to pursuing easements, working with
landowners, researching property ownership and association opportunities, and engaging
other partners such as DNR and land trusts.”
The Elbel/Mud Lake Subcommittee remains in place to advise on future matters related to these
properties.
Natural Resource Management Plan (NRMP)
The initial NRMP was authored in 2017 by VPA staff with input from the EAC. One of the
sections of the 2017 NRMP outlined the "Identified Topics of Concern," and another listed
"Sensitive Park Properties." The 2020 version of the NRMP added to both of these sections.
The primary objective of the 2020 EAC is to work with VPA staff to expand the “Identified
Topics of Concern” into strategies. Once completed, the 2021 goal will be to form actionable
items from these strategies.
To obtain the 2020 goals, the EAC has formed six additional subcommittees, one for each of the
"Identified Topics of Concern." As outlined in the 2020 application form, the EAC expects each
member to participate in a minimum of two subcommittees.
Over the course of the next five months, borrowing from other established plans, and consulting
with local and regional experts as resources, the subcommittees will draft these strategies.
Following the committee's work, all potential stakeholders will have the opportunity to vet the
proposed additions before the park board of commissioners receives the completed draft.
Expected Timeline
●February - EAC forms subcommittees to study and write strategies for the six topics of
concern indicated in the 2020 NRMP.
●March-July - Subcommittees produce rough-drafts of proposed strategies.
●August-October: VPA staff and other stakeholders vet and revise proposed strategies.
●November: VPA staff presents a completed draft of 2021 NRMP to the park board.
South Bend Code of Ordinance Chapter 19
On March 11, 2019, EAC Chair Sass presented to the PARC Committee two proposed changes to
the South Bend Code of Ordinances: Chapter 19-13 and Chapter 19-14 (see appendix B). The
amendments to these sections, last updated in 1962, provided two primary updates:
●Update the list of prohibited tree and lawn area trees to meet contemporary needs.
●Removed obsolete ban on Berberis (barberry), and replaced it with all species of officially
invasive vegetation as maintained by the Indiana Invasive Species Council.
After nearly a year, the legal department has approved the proposed changes. Beginning on
March 23, the revised ordinance drafts will return to the PARC Committee for further discussion
and consideration.
Outreach
Community outreach is a significant element of the EAC. As such, the committee strives to have
a presence at relevant community functions, including the Leeper and Boland Park dedications
and the Best Week Ever Kick-off Rally.
In addition to these events, Committee Chair Sass attended and represented VPA/EAC at Notre
Dame’s annual Sustainability Minor Community Luncheon. At this event, community
stakeholders presented opportunities for students to incorporate into capstone projects.
The interpretive sign designed by Steve Sass and Amanda Smith, was incorporated into the final
design and installed near the Howard Park bioswales.
Original Design
Finished Sign
Development
35th Street Wetlands
EAC members Alicia Czarnecki, Steve Sass, and Andrew Tucker continue to work with Eric
Horvath’s Notre Dame civil engineering class. Since September 2019, EAC members have met
with the students on-site three times to advise on ecological features and invasive vegetation.
Czarnecki and Sass were also present to ask questions and comment at the student's group
presentations of their 10% design plans.
Sass has significantly expanded a baseline botanical list conducted in 2017 by Scott Namestnik
and Andrew Tucker. The running inventory, which now includes birds, mammals, amphibians,
and insects, is currently available at
https://www.indiananature.net/pages/SouthBendVPA/35thStreetWetlands.php.
Fredrickson Prairie
On Friday, March 13, VPA Project Engineer Patrick Sherman and EAC Chair Sass are meeting
with representatives from the LaSalle Council of the Boy Scouts of America and Notre Dame.
The purpose of this meeting is to discuss STEM opportunities for Fredrickson Prairie.
Interdepartmental Communication
Since the last report, Therese Dorau (Sustainability), Andy Forst (horticulture), Jonathan Jones
(Director of Recreation), John Martinez (Facilities and Grounds), Patrick Sherman
(engineering), and Brent Thompson (forestry) have all attended EAC meetings.
Inventory and Monitoring
As a headstart on this objective, some EAC members and VPA staff have begun to discuss
methods and measures of implementation.
●EAC liaison Garry Harrington along with Steve Sass and Andrew Tucker have discussed
the potential for amphibian monitoring at park properties containing wetlands.
●Beginning in the summer of 2019, Sass has kept a running inventory of plants, birds, and
insects at Pinhook Park.
●In the fall of 2019, Sass visited Elbel Park with a project coordinator from the National
Audubon Society, Great Lakes Region. Beginning in 2020, volunteers from the South
Bend Audubon Society will begin conducting marsh bird surveys of the wetlands
surrounding Elbel Park.
●Beginning in 2020, Sass will begin conducting breeding bird surveys at some South Bend
park locations.
Conclusions
2020 is poised to be the busiest and most impactful year in the history of the Ecological
Advocacy Committee. The expansion of the Natural Resource Management Plan, and the
educational campaign that must accompany the proposed ordinance changes will test the
strength and commitment of the committee. Monumental tasks requiring significant amounts
of work are ahead. However, the potential reward is great.
Recommendations
The ongoing support that the EAC has received from VPA, the PARC Committee, and other
officials is appreciated and needed as we work together to improve our community. As this
relationship matures, and as South Bend continues to establish itself as a regional leader in
sound ecological policies, VPA should continue to leverage the expertise of the EAC.
Appendix A
Mud Lake Proposal Submitted to the EAC for
Review
Proposal for the City of South Bend Venues Parks & Arts Department to commit to
pursuing protection for Mud Lake as a state-dedicated nature preserve
On Monday, September 9, the Ecological Advocacy Committee (EAC) of Venue Parks & Arts
(VPA) will have the opportunity to review and consider for endorsement a proposal for the VPA
to commit to working with the Indiana Department of Natural Resources (DNR) to protect Mud
Lake as a state-dedicated nature preserve. Mud Lake is a high-quality wetland in Northwestern
St. Joseph County. It forms the northern border of Elbel Park and is the largest natural lake in the
county. This document shares information about this proposal in advance of the meeting,
addressing the history behind the proposal, the proposal’s specific language, and its implications
for the future of Mud Lake and Elbel Park.
History
The high quality and value of Mud Lake as a natural area has only recently been recognized.
Golfers of Elbel have long known of its beauty, of course, and the birding community has long
known that Mud Lake is one of the best spots for birding in St. Joseph County, but it was only
three and a half years ago, in February of 2016, that Steve Sass and Scott Namestnik brought
public attention to the natural values of Mud Lake in their presentation on the Kettle Lakes
Corridor in Northwestern St. Joseph County, “When Glaciers Collide.” Following their
discovery of Lydick Bog (part of which is now protected as a state-dedicated nature preserve
owned and stewarded by Shirley Heinze Land Trust), they had investigated the natural values of
the rest of the wetlands in the Kettle Lakes Corridor, including Mud Lake, and their presentation
shared their findings. Their brief initial survey of Mud Lake found that it was probably a high-
quality wetland.
This early valuation was confirmed and amplified by a comprehensive floristic survey of the
southern half of Mud Lake undertaken by Orbis Consulting (investigator, Scott Namestnik)
during the 2016 growing season. This survey was undertaken at the request of the VPA as part of
its study of the significance of Elbel Park and the best management practices for it.
That study, whose results were submitted in March of 2017, found that Mud Lake was indeed a
natural area of very high quality. The survey found 20 plant species that are either state-
endangered, state-threatened, state-rare, or state-watch-listed in the Mud Lake wetlands &
surrounding uplands (see Attachment 1). Equally important, it documented the presence of 20
highly conservative plant species: species that are found almost exclusively in landscapes that
have never been disturbed by development, as they are intolerant of disturbance and thus are
among the first species to disappear when a native ecosystem is disrupted. The presence of these
species shows that Mud Lake is a remnant natural area (see Attachment 2). Indeed, the survey
found that almost the whole of the wetland’s open water is of an A rating as a natural area, and
that Mud Lake contains several floating islands that are proto-bogs. The slow process of bog-
formation is in progress at Mud Lake, and many rare bog plant species are established on these
islands, some of which are also A rated (see Attachment 3). On the basis of these discoveries, the
report from Orbis made the following management recommendations for Mud Lake:
The presence of high quality natural communities and plant and animal species of conservation
concern at Mud Lake at Elbel Park warrant protection, conservation, and restoration of the
plant communities within the study area. As a result, recommendations for the site include a
variety of activities, including contacting adjacent property owners and working with them
towards common restoration targets, conducting invasive species control/removal, removing
trash and debris, creating additional buffers between the golf course and Mud Lake, and
planting and maintaining native landscaping areas. In addition, because of the interest from the
population of South Bend and St. Joseph County in the park, recommendations also include
creating recreational trails, overlooks and educational signage for multi- seasonal park use.
Mud Lake also presents various opportunities for local primary and secondary education
classrooms. (Natural Features Inventory and Management Plan: Mud Lake at Elbel Park, p. 40)
Since this report was issued, the VPA has implemented or investigated several of these
recommendations with respect to the management of the Elbel grounds and the establishment of
recreational trails, many of which are documented in the EAC Natural Resource Management
Plan. During that same time period, Elbel for Everyone has investigated the options and the
mechanisms for achieving the permanent protection for Mud Lake needed for the conservation
and restoration of the plant communities. From those explorations, we concluded that the best
method of protecting the lake would be for it to be dedicated as a state nature preserve, joining
Lydick Bog, Chamberlain Lake, and Deer Lake as unique, high-quality, protected wetlands in
the Kettle Lakes Corridor. We learned from Tom Swinford at the Indiana Department of Natural
Resources that for the DNR to consider Mud Lake for nature preserve status, the DNR would
need a formal request by a relevant landowner. Because the City of South Bend owns
approximately the southern half of the lakeshore (ownership of the lake itself is still uncertain—
see Attachment 4 for a property map) and because there is strong public interest in protecting
Mud Lake as part of the city’s park system, we approached VPA Director Aaron Perri to ask if
the VPA would be willing to request nature-preserve status for Mud Lake, so that the DNR could
initiate the process of protecting it.
We met with Aaron Perri in late June of this year. He gave us his verbal support for the goal of
protecting Mud Lake as a state-dedicated nature preserve. He requested that we begin the process
of moving toward this goal by meeting with the EAC, who would have the role of formally
vetting and endorsing the project proposal. Thus, we offer the proposal below for your
consideration. Our sense is that there is a strong synergy between this proposal and the vision for
South Bend parks laid out in the EAC’s Natural Resource Management Plan (we note especially
the section on insuring availability of natural resources for future generations), so we are
hopeful that you will find this proposal worthy of endorsement.
Proposal
The Department of Venues Parks & Arts of the City of South Bend commits to the goal of
protecting that portion of Mud Lake and its upland surroundings that are in a natural condition
and belong to the City of South Bend as a state-dedicated nature preserve. The VPA will work
with the Indiana DNR to achieve this goal, and it will lend support to a process that could lead
to the protection of the entirety of Mud Lake as a state-dedicated nature preserve through the
involvement of the other landowners whose properties border or contain other portions of Mud
Lake.
Future Implications
By committing to this process, the VPA will take an essential step toward the ultimate goal of
protecting the entirety of Mud Lake as a nature preserve, along with as much of the natural
uplands around it as is feasible. (See Attachment 5 for the preserve’s proposed boundaries.)
Although the request would not guarantee that the DNR would elect to protect Mud Lake, the
floristic quality assessment shows clearly that this is a landscape of nature-preserve quality: it is
part of the less than 1% of land remaining in Indiana that is in much the same condition that it
was prior to European settlement. We are confident that the DNR will conclude that Mud Lake is
a landscape worth protecting if the owners are willing to protect it.
The VPA’s commitment would provide a solid starting point from which to begin outreach to
additional landowners. Most of the lakeshore that is not owned by the City of South Bend is the
property of a single owner, who has left her land bordering the lake mainly in a natural state.
With that owner’s commitment, most of the rest of the lake could be protected. The seven
residential property owners on the northwest corner of the lake have a lively interest in seeing
Mud Lake protected from development, so they may be a receptive audience as well. The VPA
would not be responsible for undertaking this outreach: Elbel for Everyone is committed to our
role in facilitating the stakeholder partnerships needed to establish and maintain a Mud Lake
nature preserve. However, we would welcome active partnership from the VPA in engaging
other owners.
The VPA’s commitment to having Mud Lake dedicated as a state nature preserve would not
commit or encourage the City of South Bend to relinquish ownership of any part of the Elbel
Park property. No change of ownership is needed for Mud Lake to be dedicated as a state nature
preserve. Although in some cases the land of a preserve is transferred to state ownership, that is
not a necessary condition, and when a government entity owns the land as part of a public park,
the land typically remains within the public park system. For example, St. Joseph County owns
the nature preserves within Bendix Woods and Spicer Lake County Parks. For Mud Lake to
become a nature preserve, the VPA would simply be committing to limit its uses of the land to
those that are compatible with its protected status.
The VPA’s commitment to limit the use of the land in a Mud Lake nature preserve would not
disrupt the continued use of Elbel Park for golf on lands adjacent to the preserve. The history of
the ecological interaction between Elbel Park and Mud Lake already shows, however, that
management of the course can readily protect Mud Lake: Mud Lake remains a high-quality
natural area after more than 50 years of cohabitation with the golf course. Moreover, many
management adjustments to make the golf course at Elbel more environmentally friendly have
already been implemented without any disruption to golf. Critical for the preservation of Mud
Lake and its flourishing as a high quality natural area is the continued management of
upland areas around the lake that are not in a natural condition.
What the VPA’s commitment will do is initiate a process that will lead to protection of half of
Mud Lake and could lead onward to the protection of the whole lake. Although we aim to protect
the whole lake, protecting even half the lake is a worthy goal. We hope that this explanation of
the future process that could lead onward from this first step to the protection of all of Mud Lake
will add to the EAC’s sense of the value in taking this step of protecting the part of Mud Lake
over which the VPA has authority. We believe that the highest and best use of this land is as a
nature preserve. This protection will conserve the inherent values of its irreplaceable biodiversity
and wild beauty, from which current and future generations of South Bend residents can benefit.
Thank you for your time in considering this proposal.
Jennifer Betz
Mark Blassage
Chris Cobb
for Elbel for Everyone
Attached Documents
Attachment 1: List of Endangered, Threatened, or State Watch List Plant Species found at Mud Lake
Attachment 2: List of Conservative Species found at Mud Lake
Attachment 3: Floristic Quality Map prepared by Orbis Consulting
Attachment 4: Property parcels surrounding Mud Lake
Attachment 5: Intended boundaries for Mud Lake Nature Preserve
Mud Lake at Elbel Park March 14, 2017 Natural Features Inventory and Management Plan Page 9 File #1604004 Figure 6 - Plant Communities/Vegetation Assemblages and Quality Grades.
Appendix B
Packet Pertaining to Proposed Ordinance Changes
Submitted to PARC Committee March 11, 2019
IC 15-16-10Chapter 10. Invasive Species Council
15-16-10-1"Council"
15-16-10-2"Fund"
15-16-10-3Council established
15-16-10-4Council's duties
15-16-10-5Membership; appointments; chairperson
15-16-10-6Terms of members; removal
15-16-10-7Vacancies
15-16-10-8Travel expenses
15-16-10-9Quorum
15-16-10-10Meetings
15-16-10-11Administrative assistance to council
15-16-10-12Invasive species council fund
15-16-10-13Expiration of chapter
IC 15-16-10-1"Council"
Sec. 1. As used in this chapter, "council" refers to the invasive species council established by section 3 of this
chapter.
As added by P.L.23-2009, SEC.1.
IC 15-16-10-2"Fund"
Sec. 2. As used in this chapter, "fund" refers to the invasive species council fund established by section 12 of this
chapter.
As added by P.L.23-2009, SEC.1.
IC 15-16-10-3Council established
Sec. 3. The invasive species council is established within the Purdue University College of Agriculture.
As added by P.L.23-2009, SEC.1. Amended by P.L.27-2015, SEC.1.
IC 15-16-10-4Council's duties
Sec. 4. (a) The council has the following duties:
(1) Recommend:
(A) priorities for projects;
(B) funding; and
(C) rules and laws;
concerning invasive species to the appropriate governmental agencies and legislative committees.
(2) Recommend a lead state agency to:
(A) develop an invasive species inventory for each invasive species taxon; and
(B) develop and maintain a data management system for invasive species in Indiana.
(3) Communicate with other states, federal agencies, and state and regional organizations to enhance
consistency and effectiveness in:
(A) preventing the spread of;
(B) early detection of;
(C) response to; and
(D) management of;
invasive species.
(4) Coordinate invasive species education and outreach programs.
(5) Convene or support an invasive species meeting at least once per biennium to provide information on best
practices and pertinent research findings.
(6) Assist governmental agencies in:
(A) reviewing current invasive species policies and procedures; and
(B) addressing any deficiencies or inconsistencies concerning invasive species policies and procedures.
(7) Assist state agencies in reviewing the agencies' performance measures for accountability concerning the
agencies' invasive species actions.
(8) Receive reports from any governmental agency regarding actions taken on recommendations of the council.
(9) Apply for grants.
(10) Provide grants for education concerning or management of invasive species.
(b) The council does not have any regulatory authority over invasive species or the authority to hear appeals of
grievances.
(c) The council may create advisory committees to provide information and recommendations to the council.
(d) Beginning July 1, 2011, the council shall issue a report to the interim study committee on agriculture and
natural resources established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6 in every odd-numbered year.
The report must include a summary of:
(1) the council's activities;
(2) the performance of the council's duties; and
(3) efforts in the state to identify and manage invasive species.
The report may include recommendations of the council.
As added by P.L.23-2009, SEC.1. Amended by P.L.53-2014, SEC.133.
IC 15-16-10-5Membership; appointments; chairperson
Sec. 5. (a) The council consists of the following eleven (11) members:
(1) The dean of the Purdue University College of Agriculture or the dean's designee, who shall act as secretary
of the council.
(2) The director of the Indiana state department of agriculture or the director's designee.
(3) The commissioner of the Indiana department of transportation or the commissioner's designee.
(4) The state veterinarian or the state veterinarian's designee.
(5) An employee of the division of fish and wildlife who is designated by the director of the division of fish
and wildlife to serve as the aquatic invasive species coordinator.
(6) An employee of the division of entomology and plant pathology who is designated by the director of the
division of entomology and plant pathology to serve as the terrestrial invasive species coordinator.
(7) One (1) individual representing research on invasive species.
(8) Two (2) individuals who represent organizations that are primarily concerned with any of the following:
(A) The hardwood tree industry.
(B) The horticulture industry.
(C) The agriculture industry.
(D) The aquaculture industry.
(9) Two (2) individuals who represent organizations or local governmental agencies primarily concerned with
any of the following:
(A) Land trusts.
(B) Biodiversity conservation.
(C) Aquatic conservation.
(D) Local parks and recreation.
(b) The governor shall appoint the members under subsection (a)(7) through (a)(9).
(c) The council shall annually elect a member to serve as chairperson of the council.
As added by P.L.23-2009, SEC.1.
IC 15-16-10-6Terms of members; removal
Sec. 6. (a) The term of a member of the council appointed under this chapter is three (3) years.
(b) The term of each member of the council continues until a successor has been appointed.
(c) The appointing authority who appointed a member of the council may remove the member for cause.
As added by P.L.23-2009, SEC.1.
IC 15-16-10-7Vacancies
Sec. 7. (a) If there is a vacancy on the council, the appointing authority who appointed the member whose
position is vacant shall appoint an individual to fill the vacancy. The appointing authority shall appoint a member
not later than sixty (60) days after the vacancy occurs.
(b) The member appointed under this section shall fill the vacancy for the remainder of the unexpired term.
As added by P.L.23-2009, SEC.1.
IC 15-16-10-8Travel expenses
Sec. 8. Members of the council shall serve without compensation. Subject to the availability of money in the
fund, members who are not state or county employees are entitled to reimbursement for traveling expenses as
provided in the Purdue University travel policies and procedures established by the Purdue University department of
transportation and approved by the Purdue University vice president of business services.
As added by P.L.23-2009, SEC.1.
IC 15-16-10-9Quorum
Sec. 9. Six (6) members of the council constitute a quorum.
As added by P.L.23-2009, SEC.1.
IC 15-16-10-10Meetings
Sec. 10. (a) The council shall hold at least one (1) regular meeting each year at a date, place, and time to be set by
the chairperson.
(b) The chairperson may call special meetings of the council.
As added by P.L.23-2009, SEC.1.
IC 15-16-10-11Administrative assistance to council
Sec. 11. The Purdue University College of Agriculture shall provide administrative assistance to the council.
As added by P.L.23-2009, SEC.1. Amended by P.L.27-2015, SEC.2.
IC 15-16-10-12Invasive species council fund
Sec. 12. (a) The invasive species council fund is established as a separate fund in the Purdue University treasury
to carry out the purposes of this chapter. The fund shall be administered by the council.
(b) The fund consists of any of the following:
(1) Grants.
(2) Appropriations.
(3) Gifts and donations.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The Purdue University treasurer shall invest the money in the fund not currently needed to meet the
obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these
investments must be deposited in the fund.
(e) Money in the fund may be used for purposes set forth in this chapter and to meet the expenses of
administering this chapter.
(f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.23-2009, SEC.1.
IC 15-16-10-13Expiration of chapter
Sec. 13. This chapter expires July 1, 2023.
As added by P.L.23-2009, SEC.1. Amended by P.L.27-2015, SEC.3.
For more information, go to http://www.entm.purdue.edu/iisc/invasiveplants.php
Common Name Latin Name Rank Common Name Latin Name Rank
Aquatic poison hemlock Conium maculatum H
anchored water hyacinth Eichhornia azurea H Queen Anne's lace Daucus carota M
arrowhead Sagittaria sagittifolia FN St. John's wort Hypericum perforatum L
Asian marshweed Limnophila sessiliflora H spiny plumeless thistle Carduus acanthoides H
Brazilian elodea Egeria densa H spreading hedge parsley Torilis arvensis C
brittle naiad Najas minor H spotted knapweed Centaurea stoebe H
caulerpa Caulerpa taxifolia FN striate lespedeza Kummerowia striata M
Chinese waterspinach Ipomoea aquatic H white sweet clover Melilotus alba M
curly-leaved pondweed Potamogeton crispus H wild parsnip Pastinaca sativa M
duck lettuce Ottelia alismoides H yellow sweet clover Melilotus officinalis M
Eurasian watermilfoil Myriophyllum spicatum H Shrub
European frogbit Hydrocharis morsus-ranae H Amur honeysuckle Lonicera maacki H
exotic bur-reed Sparganium erectum FN Amur privet Ligustrum amurense C
flowering rush Butomus umbellatus H autumn olive Elaeagnus umbellata H
giant salvinia Salvinia auriculata FN Bell's honeysuckle Lonicera x bella H
giant salvinia Salvinia biloba FN bicolor lespedeza Lespedeza bicolor M
giant salvinia Salvinia herzogii FN blunt leaved privet Ligustrum obtusifolium H
giant salvinia Salvinia molesta FN burning bush Euonymus alatus M
heartshape Monochoria vaginalis FN California privet Ligustrum ovalifolium C
hydrilla Hydrilla verticillata H Chinese privet Ligustrum sinense C
miramar weed Hygrophilia polysperma H common barberry Berberis vulgaris C
monochoria Monochoria hastata FN common buckthorn Rhamnus cathartica H
mosquito fern Azolla pinnata FN common privet Ligustrum vulgare C
narrow-leaved cattail Typha angustifolia H glossy buckthorn Frangula alnus H
oxygen weed Lagarosiphon major FN highbush cranberry Viburnum opulus v. opulus C
parrotfeather Myriophyllum aquaticum H Japanese barberry Berberis thunbergii H
purple loosestrife Lythrum salicaria H Japanese meadowsweet Spiraea japonica C
water chestnut Trapa natans H jetbead Rhodotypos scandens C
yellow floating hearts Nymphoides peltata H Morrow's honeysuckle Lonicera morrowii H
yellow iris Iris pseudacorus H multiflora rose Rosa multiflora H
Grass porcelain berry Ampelopsis brevipedunculata C
Chinese maiden grass Miscanthus sinensis M Russian olive Elaeagnus angustifolia M
common reed Phragmites australis H sericea lespedeza Lespedeza cuneata H
giant reed Arundo donax C Tatarian honeysuckle Lonicera tatarica H
Japanese stiltgrass Microstegium vimineum H wine raspberry Rubus phoenicolasius C
Johnson grass Sorghum halepense H Tree
lyme grass Leymus arenarius C Amur cork tree Phellodendron amurense H
miscanthus hybrid Miscanthus x gigantea C black alder Alnus glutinosa H
reed canarygrass Phalaris arundinacea H callery pear Pyrus calleryana H
small carpgrass Arthraxon hispidus H Norway maple Acer platanoides H
tall fescue Schedonorus arundinaceus M princess tree Paulownia tomentosa C
Herbaceous sawtooth oak Quercus acutissima C
bouncing bet Saponaria officinalis M Siberian elm Ulmus pumila M
bull thistle Cirsium vulgare H tree of heaven Ailanthus altissima H
Canada thistle Cirsium arvense H white mulberry Morus alba H
common teasel Dipsacus fullonum H Vine
crown vetch Coronilla varia H Asian bittersweet Celastrus orbiculatus H
cut-leaved teasel Dipsacus laciniatus H black swallow-wort Cynanchum louiseae H
dame's rocket Hesperis matronalis H Chinese yam Dioscorea polystachya H
garlic mustard Alliaria petiolata H creeping Charlie Glechoma hederacea M
giant hogweed Heracleum mantegazzianum M English ivy Hedera helix M
goatsrue Galega officinalis M field bindweed Convolvulus arvensis H
hybrid cattail Typha x glauca C Japanese honeysuckle Lonicera japonica H
Japanese chaff flower Achyranthes japonica H Japanese hops Humulus japonicus H
Japanese hedge parsley Torilis japonica C kudzu Pueraria montana H
Japanese knotweed Fallopia japonica H large-leaved periwinkle Vinca major C
Korean lespedeza Kummerowia stipulacea M mile-a-minute vine Polygonum perfoliatum H
leafy spurge Euphorbia esula H pale swallow-wort Cynanchum rossicum H
lesser celandine Ranunculus ficaria C periwinkle Vinca minor M
mugwort Artemisia vulgaris H sweet autumn clematis Clematis terniflora C
musk thistle Carduus nutans H vetch Viccia cracca M
narrowleaf bittercress Cardamine impatiens M wintercreeper Euonymus fortunei H
pepperweed Lepidium latifolium H wisteria Wisteria sinensis C
Ranks: H=High, M=Medium, L=Low, C=Caution, FN = Federal Noxious Aquatic List
Indiana Invasive Plant List
Approved by Indiana Invasive Species Council 10/11/2013
TITLE 312 NATURAL RESOURCES COMMISSION
Proposed Rule
LSA Document #16-___(F)
Adds 312 IAC 18-3-25 to designate as pests or pathogens, certain invasive terrestrial plants and to prohibit and
restrict the sale, distribution, and transport of these invasive terrestrial plants. Effective 30 days after filing with the
Publisher.
312 IAC 18-3-25
SECTION 1. 312 IAC 18-3-25 IS ADDED TO READ AS FOLLOWS:
312 IAC 18-3-25 Prohibited invasive terrestrial plants
Authority: IC 14-10-2-4; IC 14-24-3
Affected: IC 14-24
Sec. 25. (a) The following are prohibited invasive terrestrial plants and are declared pests or pathogens
regulated under this section:
(1) Achyranthes japonica (Japanese chaff flower).
(2) Ailanthus altissima (tree of heaven).
(3) Alliaria petiolata (garlic mustard).
(4) Alnus glutinosa (black alder).
(5) Artemisia vulgaris (mugwort).
(6) Arthraxon hispidus (small carpgrass).
(7) Berberis thunbergii (Japanese barberry).
(8) Carduus acanthoides ( spiny plumeless thistle).
(9) Carduus nutans (musk thistle).
(10) Celastrus orbiculatus (Asian bittersweet).
(11) Centaurea stoebe (spotted knapweed).
(12) Cirsium vulgare (bull thistle).
(13) Conium maculatum (poison hemlock).
(14) Convolvulus arvensis (field bindweed).
(15) Coronilla varia (crown vetch).
(16) Dioscorea polystachya (oppositifolia) (Chinese yam).
(17) Dipsacus fullonum (common teasel).
(18) Dipsacus laciniatus (cut-leaved teasel).
(19) Elaeagnus umbellata (autumn olive).
(20) Euonymus fortunei (wintercreeper).
(21) Euphorbia esula (leafy spurge).
(22) Frangula alnus (glossy buckthorn).
(23) Humulus japonicus (Japanese hops).
(24) Hesperis matronalis (dame’s rocket).
(25) Lespedeza cuneata (sericea lespedeza).
(26) Lepidium latifolium (pepperweed).
(27) Ligustrum obtusifolium (blunt leaved privet).
(28) Lonicera japonica (Japanese honeysuckle).
(29) Lonicera maacki (Amur honeysuckle).
(30) Lonicera morrowii (Morrow’s honeysuckle).
(31) Lonicera tatarica (Tatarian honeysuckle).
(32) Lonicera x bella (Bell’s honeysuckle).
(33) Microstegium vimineum (Japanese stiltgrass).
(34) Morus alba (white mulberry).
(35) Phalaris arundinacea (reed canarygrass).
(36) Phellodendron amurense (Amur cork tree).
(37) Phragmites australis subspecies australis (common reed).
(38) Polygonum perfoliatum (mile-a-minute vine).
(39) Reynoutria japonica (Japanese knotweed).
(40) Reynoutria sachalinensis (giant knotweed).
(41) Reynoutria x bohemica (Bohemian knotweed).
(42) Rhamnus cathartica (common buckthorn).
(43) Vincetoxicum nigrum (black swallow-wort).
(44) Vincetoxicum rossicum (pale swallow-wort).
(b) This section applies to any part or life stage of the species identified in subsections (a).
(c) Except as provided in subsection (d), with respect to any species identified in subsection (a) a person must
not:
(1) Sell, offer or grow for sale, gift, barter, exchange, or distribute a species;
(2) Transport or transfer a species; or
(3) Introduce a species.
(4) Subdivisions (1) and (2) of this subsection are effective one year after the effective date of this rule.
(d) Exempted from this section are the following:
(1) A person who possesses a species identified in subsection (a) under a permit issued by the state
entomologist.
(2) A person engaged in a project approved by the state entomologist for the destruction of a species.
(e) A person who discovers a species identified in subsection (a) may do the following:
(1) Report the discovery to the state entomologist or to the following address:
Department of Natural Resources
Division of Entomology and Plant Pathology
402 West Washington Street, Room W290
Indianapolis, IN 46204
(2) Include in the report provided under subdivision (1):
(A) The location of the discovery, including the name of the county.
(B) The date of the discovery.
(C) Contact information for the person making the report, including telephone number and address.
Page 1 of 4
KNOX COUNTY, INDIANA
BOARD OF COMMISSIONERS
ORDINANCE NO. 11 - 2018
AN ORDINANCE PROHIBITING THE SALE AND PLANTING
OF CERTAIN INVASIVE PLANT SPECIES (NOT SEEDS)
IN
KNOX COUNTY, INDIANA
BE IT ORDAINED by the Knox County Commissioners, Knox County, Indiana that:
WHEREAS, the Knox County Commissioners recognize the detrimental effect that
invasive plant species have on Knox County agriculture, forests, natural habitats and to animal and
human health in general; and
WHEREAS, the Indiana Invasive Species Council has warned that landowners are
spending significant funds managing the impact of invasive species in Indiana; and
WHEREAS, the Knox County Commissioners desire to mitigate the impact of invasive
plants by preventing their purposeful introduction into Knox County, Indiana; and
WHEREAS, invasive species are exotic plants that cause harm to human health, economic
harm, and harm to our natural areas and ecosystems; and
WHEREAS, invasive species with a rating of medium or high on the Indiana Invasive
Species Council list (located at www.indianainvasivespecies.org) are causing harm to the natural
ecosystem of Knox County, Indiana; and
WHEREAS, the Indiana Invasive Plant Advisory Committee determines the ratings of the
invasive plants and that listing, as may be amended from time to time, may be found at
www.indianainvasivespecies.org; and
WHEREAS, the Knox County Commissioners find that the attached list of plants, not
seeds (Exhibit A) as amended by the State of Indiana or the Hearing Authority created herein,
with noted exceptions crossed out, should no longer be sold, traded or imported into Knox County;
and
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE BOARD OF
COMMISSIONERS OF KNOX COUNTY, INDIANA, as follows:
Section 1. INVASIVE SPECIES. Invasive species are non-native plants, animals or
microbes that pose serious threats to human health and well-being, the environment, or our
economy. Invasive plants are capable of rendering forests unrecognizable, by shading out native
plants, saplings and wildflowers. Particular invasive plants are capable of hybridizing native plants
and can negatively affect soil chemistry.
Page 2 of 4
Section 2. PROHIBITION OF SALE OF PLANTS (not seeds). Invasive plant species
identified on Exhibit A (with exceptions) shall not be sold in Knox County, Indiana by nurseries,
retailers, grocery stores, chain stores or any other vendor (collectively “Vendor(s)”) beginning
January 1, 2020. Other potential invasive species identified in Exhibit B shall not be regulated at
this time, but nurseries, retailers, etc. are encouraged to avoid selling them due to some invasive
tendencies in the surrounding area. If the species in Exhibit B or other plant species become ranked
Medium or High on the Indiana Invasive Plant list, they may be regulated by this ordinance.
Section 3. INVASIVE SPECIES ALREADY PLANTED. For those landowners who
have invasive species already located on their property, this Ordinance does not require that they
be removed as this Ordinance is not retroactively applied.
Section 3.1. Landowners are encouraged to remove invasive species and can
contact the Cooperative Invasive Species Management Authority (CISMA), currently located at
604 South Quail Run Road, Vincennes, Indiana 47591, Phone Number 812-882-8210 for technical
and advisory support.
Section 4. ENFORCING AUTHORITY. The Knox County Natural Resource Specialist,
or another appointee of the Knox County Commissioners shall be the enforcing authority and shall
be authorized to inspect points of sale to determine if any Vendors are operating in violation of
this Ordinance. The Enforcing Authority shall be authorized to administer and to proceed under
the provisions of the law in ordering the removal and disposal of any of the invasive species as
specified herein.
Section 4.1. The Knox County Commissioners will address the compensation for
the Enforcing Authority during the budget process in 2019 for the 2020 budget and for each year
thereafter.
Section 5. CONTENTS OF ORDER AND NOTICE OF HEARING. The
enforcement authority may issue an order requiring action relative to any violation of this
Ordinance, including:
(1) order to cease and desist of the sale of the invasive plants;
(2) order the immediate disposal of the offending plants;
(3) order the immediate surrender of the offending plants to Knox County for it to dispose
of the same if the vendor does not have adequate disposal facilities;
(4) notice that costs of enforcement and disposal will be assessed against the vendor;
(5) notice of a hearing date to be held, no sooner than ten (10) days after the service of the
Order on the Vendor and no more than sixty (60) days after the service of the order on the
Vendor.
Section 6. HEARING AUTHORITY. The Knox County Commissioners shall
appoint a five (5) member board to be known as the Knox County Invasive Species Board
(KCISB). The KCISB shall be the Hearing Authority herein. The KCISB shall use the State
Page 3 of 4
Invasive Plant Species List (plants not seeds) as modified to address local Knox County
requirements.
Section 6.1 Board Appointments. The initial terms of the five members will be staggered
with one member serving one year, one member serving two years, one member serving three
years, one member serving four years and one member serving five years. After the initial terms,
all appointments are for five years or until a replacement is appointed. All appointments serve at
the pleasure of the Knox County Commissioners. At all times, at least one member shall be
associated with the agricultural industry and one member shall be associated with the horticulture
industry.
The Hearing Authority shall meet in January of each year to organize and thereafter as
needed based on Orders issued by the Enforcement Authority, or changes made by the State of
Indiana to the invasive species plant list necessity meeting to discuss.
Section 6.2 Hearings, Penalties and Judicial Review. At the conclusion of any hearing
at which a continuance is not granted, the Hearing Authority may make findings and take action
to:
(1) affirm the order;
(2) rescind the order; or
(3) modify the order, but unless the person to whom the order was issued, or counsel for
that person, is present at the hearing, the hearing authority may modify the order in only a
manner that makes its terms less stringent.
(4) Impose penalties as follows:
(A) A fine not exceeding $2,500 for the first violation; and
(B) A fine not exceeding $7,500 for second and subsequent violations; and
(C) A separate violation shall be deemed committed upon each day during which
a violation occurs or continues.
(D) The Hearing Authority has the sole discretion to determine if the violation(s)
applies per plant or per location.
Judicial review of the hearing authority’s order may be had by filing a complaint within
ten (10) days of the action of the hearing authority. The Knox Superior Court II is the Court
of judicial review for violation of this ordinance.
Upon the expiration of the above ten (10) days, the Enforcement Authority shall take the
action contained in the Order.
Failure of the Vendor to pay the costs and/or fines associated with the violation of the
Ordinance may result in a damages action being filed against the Vendor in the Knox
County Superior Court II.
Commented [DW-NVI1]: Remove in first amendment
Page 4 of 4
Section 7. EMERGENCY ACTION. The Enforcing Authority may take emergency
action if the Enforcement Authority finds a Vendor’s violation so egregious that emergency action
must be taken in order to protect life, safety, or property. Emergency action may be taken without
issuing an order or giving notice. However, this emergency action must be limited to removing
plants in violation of this Ordinance to prevent further danger to Knox County’s ecosystem.
Section 8. SEVERABILITY. Should any section, paragraph, sentence, clause, or any
other portion of this Ordinance be declared by a court of competent jurisdiction to be invalid for
any reason, the remaining provision or provisions shall be given the effect intended by Knox
County in adopting this Ordinance. To this end, the provisions of this ordinance are severable.
Section 9. PUBLISHING. The Knox County Auditor shall cause this ordinance to be
published within thirty (30) days of passage.
PASSED by the Knox County Commissioners this ______ day of ________________, 2018 by
a vote of _____ to ______ with _______ abstaining.
Kellie Streeter, President
Tim Ellerman, Vice-President
Trent Hinkle, Commission Member
ATTEST
Lisa Madden, Auditor