Wisconsin Association of Lakes
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Contact: Tami Jackson, Director of Communications
Cell phone: 920-219-6139
E-mail: tjackson@wisconsinlakes.org
Fast Facts about phosphorus and the Clean Lakes Bill
Issue summary
Nutrients like phosphorus—a common ingredient in lawn fertilizer—are degrading 90% of Wisconsin’s inland lakes. Plants don’t absorb more phosphorus than they can use, and excess phosphorus from lawns can wash directly into our lakes and streams, causing smelly algae blooms, fish kills, and declining water quality.
Lakes and rivers can be extremely sensitive to small amounts of phosphorus runoff. It takes 20 parts per million (ppm) of soil phosphorus to grow healthy turf; 25 parts per billion (a quantity 1000 times smaller) can promote excessive algae growth in lakes. Preventing even small amounts of phosphorus from getting into the water can make a big difference.
Wisconsin lawns and soils already contain adequate—and often excessive—amounts of phosphorus. It takes 20 parts per million (ppm) of soil phosphorus to grow healthy turf. Agricultural soils in every Wisconsin county have at least 20 ppm of soil phosphorus; the average concentration is 53 ppm. Some counties have significantly higher concentrations, the highest being 160 ppm. Some estimate phosphorus levels in residential Wisconsin lawns have up to twice the amount of phosphorus (105 ppm) than the average farm field.
A growing body of research finds using phosphorus free lawn fertilizer is a common sense, simple, and cost effective way to reduce the amount of nutrients entering our waterways. Using phosphorus-free lawn fertilizer is one easy way everyone can contribute to better water quality—regardless of where they live.
Restricting phosphorus in lawn fertilizer is one step to help address Wisconsin’s number one water quality problem, polluted runoff. A statewide policy would save local governments the duplicative costs of developing independent ordinances and ensure consistency across the state for consumers, retailers, and suppliers. With the exception of Dane County, counties do not have the authority to create fertilizer ordinances (cities, villages, and towns do have authority). Many Wisconsin lake groups, local governments, counties and citizens are calling for a statewide phosphorus lawn fertilizer ban.
In addition, many undesirable (and expensive to manage) invasive species such as Eurasian water milfoil, curly leaf pondweed, and carp prefer nutrient rich waters. While not a prevention strategy unto itself, minimizing the amount of nutrients entering our waters may make conditions less ideal for some invasive species.
Last session the legislature responded to concerned constituents with a strong bill—based on Dane County’s successful existing phosphorus lawn fertilizer ordinance—which passed the state Senate. This session an equally strong bill has been introduced by Senators Mark Miller (D-Monona) and Robert Cowles (R-Green Bay) and Representatives Spencer Black (D-Madison) and Garey Bies (R-Sister Bay).
Fast Facts
- Phosphorus is main nutrient that drives eutrophication in most lakes.
- Excess phosphorus in lakes causes algae blooms, and water quality decline.
- Polluted runoff washes phosphorus off lawns, streets, and fields into lakes.
- Polluted runoff is impairing or threatening an estimated 90% of inland lakes
- It takes 20 parts per million (ppm) of soil phosphorus to grow healthy turf; 25 parts per billion (a quantity 1000 times smaller) can promote excessive algae growth in lakes
- Plants don’t absorb more Phosphorus than they can use
- Recent data estimates phosphorus levels in residential Wisconsin lawns have, on average, twice the amount of phosphorus (105 ppm) than the average farm field; that’s 5 times more phosphorus a healthy lawn needs
- Healthy lawns can be maintained using phosphorus free fertilizers
- Research finds using phosphorus free lawn fertilizer is a common sense, simple, and cost effective way to reduce the amount of nutrients entering our waterways
- This bill would prohibit the display, sale and use of lawn fertilizer containing Phosphorus (with very limited exceptions).
- If a soil test demonstrates phosphorus is needed, consumers can use phosphorus lawn fertilizer. Other exemptions allow application of phosphorus fertilizer when establishing a new lawn.
- A simple, inexpensive soil test tells property owners if their lawn already has enough phosphorus
- This simple, common sense bill doesn’t result in any increased costs for consumers, retailers, or taxpayers.
- It’s a policy that is has been working in Dane County, Minnesota, and parts of Michigan for several years.
- Many lake groups, local governments, counties and citizens are calling for statewide restriction on phosphorus lawn fertilizer.
- A statewide policy would save local governments the duplicative costs of developing independent ordinances and ensure consistency across the state for consumers, retailers, and suppliers.
Activity in other states
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Minnesota has had a successful statewide law banning use and sale of phosphorus lawn fertilizer in effect since 2005. More info on Minnesota's law at http://www.mda.state.mn.us/protecting/waterprotection/phoslaw.htm
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A 2007 state evaluation of the effectiveness of Minnesota’s 2005 law found:
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The law had reduced phosphorus lawn fertilizer use by 82%
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97% of consumers are supportive of the law
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Phosphorus-free lawn fertilizer is readily available (97% of stores)
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Fertilizer manufacturers and retailers have adapted to the law
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law has not increased consumer cost
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Law was focus for extensive public and professional education
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No enforcement of the law has been reported
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Maine passed a law (May 2007) prohibiting the sale or use of fertilizer containing phosphorus for nonagricultural lawn or turf (with some reasonable exceptions). There is no prohibition against display of phosphorus lawn fertilizer, although there is a signage requirement. There is momentum in Maine to looking at strengthening their law.
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Michigan has several county ordinances banning use or sale of phosphorus lawn fertilizer. The City of Ann Arbor passed an ordinance with the express purpose of preventing enough phosphorus runoff from entering the Huron River to meet EPA TMDL requirements and delay wastewater treatment plant infrastructure upgrades.
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As of 2006, the New Jersey Department of Environmental Quality will require more than 100 municipalities to adopt ordinances that ban the use of phosphorus lawn fertilizer to meet TMDLs.
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Several counties in Florida have phosphorus lawn fertilizer ordinances. In 2007, Florida adopted a statewide Urban Turf Fertilizer administrative rule that limits phosphorus and nitrogen content in fertilizers
- Interest in New York and Michigan in pursuing statewide legislation.
Momentum across Wisconsin
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Dane County passed an ordinance restricting the use, sale, and display of phosphorus lawn fertilizer in 2004; and has not experiences any implementation problems. Both this session and last session's bill was modeled after this ordinance. More info on Dane County's ordinance http://www.danewaters.com/management/phosphorus.aspx
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11 Counties and the Wisconsin Counties Association passed resolutions calling for a statewide ban on phosphorus lawn fertilizers last legislative session
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33 statewide and local groups and 7 local governments passed similar resolutions
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32 cities, villages, and towns have passed a variety of ordinances restricting the use and sale of phosphorus lawn fertilizer.
Wisconsin local governments and groups supporting a statewide restriction on phosphorus in lawn fertilizer
More sources
Dane County Office of Lakes and Watersheds (exits site) Information on Dane County's exiting ordinance
Minnesota's statewide Phosphorus Lawn Fertilizer Law (exits site)
Photos
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