Code Enforcement Information and Advice for Metro Louisville Residents
How to Avoid or Respond to Having Your Native Plant Garden Cited
1) Prevention
Of course, prevention is the best strategy. Here is the link to the Codes regarding outdoor property maintenance https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-16549 Read all the definitions in section 156.005.
Make sure you read and follow all the requirements of a Managed Natural Landscape (MNL) (156.052 E in the codes chapter linked above) as to setbacks, the required signage, etc.
Tip–be sure to remove all turfgrass from your garden, so it can’t be considered a lawn gone to weeds. Using edging, mulch, garden features like birdbaths or benches or ornaments all make your garden look intentional rather than neglected. Keep a list of the plants you are growing in your garden, including their Latin names, so you can demonstrate that you chose these plants and put them in your garden.
2) Understanding the Citation
If you are cited, read your citation carefully. Look up the ordinance/code number, and read the ordinance carefully. Make a copy of the citation, then mail it in to apply for an appeal, sending it by certified/registered mail so you can prove it was received. You may not have to go to a hearing, but you need to apply right away in case you do.
3) Preparing Your Response
The officer will have taken pictures of your yard, so you should take pictures as well, showing the whole garden, places he did not photograph, etc. to have a record of the actual condition of the property. If you don’t understand how the citation numbers apply to your property or you think it’s incorrect, call the officer who cited you and ask for a meeting. In that meeting, have a printed copy of the codes regarding outside MNL’s and the codes you were cited for. You may want to record the conversation on your phone. If you were cited for violation of any code that does not apply to your property, ask that it be removed from the citation. If the officer asks to go into the back yard, you should probably decline. If the citations only apply to the front yard, there is no point in going into the back, and he may find things to cite you for there. However, Code Inspectors have the right of entry (156.801 D) and they may inspect your entire property without your permission, so be aware.
Some common wrong citations are for defacement of property (156.052 K), rubbish/garbage (156.052 A, note that rubbish includes wood, tree branches, yard trimmings), or weeds (156.052 D). As to weeds, if it is not a plant on the noxious weeds list (citation, print a copy) and you are growing it in your garden, it is not a violation. And if you were cited because the dead stalks of your native plants are higher than 10”, that does not apply to MNL, which only need to be cut back once a year, usually in May, after hibernating insects like butterflies and bees, have emerged. So that violation should be removed.
If you can come to an agreement with the officer, you will have a specified amount of time to make the necessary corrections. Make sure you do so, and you should call the officer who issued the citation to make an appointment for a reinspection. Make sure you take pictures of the things you have done.
Otherwise, a different officer may come for the reinspection and cite you all over again for the same violations, at which point you will be issued a fine of about $300.
4) Appeals to the Code Enforcement Board
If you cannot come to an agreement with the officer, apply for a hearing before the Code Enforcement Board. Come to that meeting with all your printed materials, your plant list, your recording of your conversation with the officer (if that’s relevant) and prints of your photos (or be prepared to show them on your ipad or notebook or laptop. Be aware that the appeal must be filed within 10 days of the citation. As mentioned above, you should apply for a hearing right away upon receiving the citation, in case the negotiation process takes more than 10 days, or you risk missing the window for appealing.
(Prepared by Wild Ones Louisville, revised 9/4/25)