The city of Conway is continuing to navigate the natural habitat act through public criticism and critique after it was passed at a January city council meeting.

The ordinance, titled O-25-06, was meant to “encourage citizens to use sustainable, low maintenance landscaping practices that mimic natural ecosystems.”

The ordinance would — after acquiring a $35 permit — allow Conway residents to grow a natural landscape in their yards.

The natural landscape, according to the ordinance, must not take up more than 35% of a resident’s yard, more specifically including no more than 10% in the front and no more than 25% in the back.

The ordinance also required that a “natural barrier” be made of either metal or concrete around the landscape.

Additionally, any changes made to the landscape must be reported to the code enforcement office.

Violations of any of these requirements leads to a $150 fine.

Despite being passed unanimously by the Conway city council, the ordinance’s structure and language quickly became cause for concern among plant enthusiasts and local officials.

On Jan. 29, several gardeners, along with members of the Conway Tree Board, crafted nine concerns they had with the ordinance.

The concerns included regulations over native plants without addressing invasive species, along with the vagary of the term “natural landscape.”

The percentage of the yard allowed for the landscape being too small was also a concern, as it “doesn’t account for difficult sites, like heavy shade, wooded areas, steep slopes, small lots and wet yards.”

The list of concerns concluded with “natural landscapes will change every single year with reseeding and plant death. These are natural processes that are desirable for maintaining these areas. Requiring updated site plans anytime something changes is extreme.”

Conway city spokesman Bobby Kelly said the ordinance had been put into place as a middle ground between Conway code enforcement and city residents who wish to allow natural lawn growth.

Kelly said most of the issues that have risen from the ordinance have been due to its vagueness.

“Plant folks looked at it and saw these words they used, but they weren’t applied like they normally are,” Kelly said. “They could interpret [the ordinance] in a million different ways.”

Kelly also said the lack of distinction between natural and invasive plants was a primary point of contention.

“Your top issue is it regulates the use of native plants, but not others such as invasive species or invasive plants,” Kelly said.

Kelly said the city council will likely look towards gathering public input about the ordinance to see it should either be amended or repealed.

Kelly said if there is no public input meeting, the ordinance will likely be amended.

On the document containing the public concerns is a list of suggested changes to the ordinance.

Suggested changes included changing the “natural landscaping terminology,” only enforcing requirements on visible parts of the yard and allowing a greater percentage of the yard to be landscaped.

Additionally, edging and planned submittal requirements have also been requested to change.

While these concerns and recommendations were presented to the Code Enforcement department, no action catered to the suggestions has been taken.

Kelly also mentioned a similar ordinance passed in similarly-sized Oklahoma city. This ordinance, though, was better worded and more clear about the conditions of the ordinance.

The ordinance, passed in Bartlesville, Oklahoma, gave a specific definition of what a managed natural landscape is.

They are defined as “any planned, intentionally cultivated and maintained planting area which occupies all or most of a yard.”

The landscapes also contain trees and shrubs — neither of which is mentioned in Conway’s ordinance.

There is also a clear distinction between native species and invasive species, citing what is declared in either category by the State of Oklahoma or federal government.

The Bartlesville ordinance contains similar requirements to the Conway one, including requiring a solid barrier and a transition area between the sidewalk or road and the natural landscape.

The ordinance also has a percentage limit, though it allows 50% of a resident’s yard to be covered.

Kelly said the Oklahoma ordinance sets a precedent for what the city of Conway was attempting to do, but conceded the Bartlesville ordinance was better constructed.

The city has not yet announced its further plans for the natural landscape ordinance, including whether it will be amended or repealed altogether.