Authority. This chapter is recommended by the Geneva Lake Environmental
Agency and is adopted by the Town of Linn under the authority of § 66.0103,
Wis. Stats.
Purpose and intent. The Town of Linn finds that Geneva Lake and its
streams are a natural asset which enhance the environmental, recreational,
cultural and economic resources of the area and contribute to the
general health and welfare of the public. The Town of Linn further
finds that regulating the amount of nutrients and contaminants, including
phosphorus contained in fertilizer, entering the surface waters will
improve and maintain lake and stream water quality.
Beekeeping, dairying, egg production; floriculture; fish
or fur farming; forest and game management; grazing; livestock raising;
orchards; plant greenhouses and nurseries; poultry raising; raising
of grain; mint and seed crops; raising of fruits, nuts and/or berries;
sod farming and vegetable raising.
Any fertilizer, whether distributed by property owner, renter
or commercial entity, distributed for nonagricultural use, such as
for lawns, golf courses, parks and cemeteries. "Lawn fertilizer" does
not include fertilizer products intended primarily for garden and
indoor plant applications.
Effective January 1, 2009, no person shall apply any lawn fertilizer
within the Town of Linn that is labeled as containing more than 0%
phosphorus or other compound containing phosphorus, such as phosphate,
except as provided in Section 0.06.[1]
No person shall apply fertilizer to any impervious surface including
parking lots, roadways, and sidewalks. If such application occurs,
the fertilizer must be immediately contained and either legally applied
to turf or placed in an appropriate container.
Turf or lawn areas that soil tests, performed within the past
three years by a state-certified soil testing laboratory, confirm
are below phosphorus levels established by the University of Wisconsin
Extension Service. The lawn fertilizer application shall not contain
an amount of phosphorus exceeding the amount and rate of application
recommended in the soil test evaluation.
Yard waste compost, bio-solids or other similar materials that
are primarily organic in nature and are applied to improve the physical
condition of the soil.
Effective January 1, 2008, no person shall sell or offer for sale any lawn fertilizer within the Town of Linn that is labeled as containing more than 0% phosphorus, or other compound containing phosphorus, such as phosphate, except such fertilizer may be sold for use as provided in Subsection E(4).
Effective January 1, 2009, no person shall display lawn fertilizer containing phosphorus. Signs may be posted advising customers that lawn fertilizer containing phosphorus is available upon request for uses permitted by Subsection E(4).
Effective January 1, 2008, a sign containing the regulations set
forth in this chapter and the effects of phosphorus on Geneva Lake
and its streams must be prominently displayed where lawn fertilizers
are sold.
Penalty. Any person who violates this chapter in the application
of fertilizer at his or her residences shall be subjected to a forfeiture
of $25 per violation. Any commercial fertilizer applicator, residential
or commercial developer, industrial or commercial owner, or other
person who violates this chapter shall be subject to a forfeiture
of $50 for the first violation within a twelve-month period, $150
for the second violation within a twelve-month period, and $300 for
the third and each subsequent violation within a twelve-month period.
Severability clause. If any section, provision or portion of this
chapter is ruled invalid by a court, the remainder of the chapter
shall not for that reason be rendered ineffective or invalid.