When Cliff and Nancy Hence received a $75 fine from the City of Philadelphia for “high weeds, bushes” on Aug. 16, 2024, they were surprised. The Mt. Airy residents have spent the past 33 years cultivating the yard of their rowhome on Roumfort Road to be a native plant garden. Through the restoration of native plant growth, the Hences aim to preserve biodiversity and nurture a habitat for wildlife.

Thus, when they received the fine, the pair decided to challenge it. Their victory in getting the fine dismissed raises questions about the wording of the city code, the confusion between native plants and weeds, and the future of this issue.

A natural garden

The Hences care a lot about nature, regularly going birding, volunteering with the U.S. Fish and Wildlife Service, and leading walks at the John Heinz National Wildlife Refuge at Tinicum in Philadelphia. The couple even met each other while hiking the Appalachian Trail about 35 years ago. Therefore, it only makes sense that they would tend to their yard in an ecologically informed way.

Cliff describes their yard as a “30-year process we’re still working on.” When they first moved in, the property was extremely overgrown and many of the plants were not native. The Hences got to work on removing certain species and adding other plants, all while refraining from using pesticides and herbicides. 

They also allowed leaves to gather in the yard without raking, providing a place for insects to survive the winter. The couple even paid a fee to the National Wildlife Federation to have their yard designated as a “Certified Wildlife Habitat,” giving them a sign to post that signifies there is food, water, cover, and places to raise young on their property. 

Although Nancy says their yard “doesn’t look like your normal garden,” that doesn’t mean they have not put effort into it. The couple estimates that they spend up to $3,000 a year on maintaining the property.

“We’re following the things that ecologists and nature leaders have asked us to do,” Nancy says.

A growing movement

The Hences are not alone in following the advice of ecological experts when dealing with their yard. According to Christopher Sohnly, the founder of the Mt. Airy-based landscape design company Spruce Hollow, there is a lot of receptivity to native plant gardens in the Northwest.

“There are so many people in Mt. Airy and Chestnut Hill that want native plant gardens and are okay with an informal-type garden,” Sohnly said. 

Andrew Bunting, the vice president of horticulture at the Pennsylvania Horticultural Society, says that this movement towards natural gardens is a trend in the right direction.

“That shift is happening,” Bunting says. “If everybody does just a little bit to create more habitat for the native biodiversity and if you put all those backyards together, it will make an impact.”

A look at the code

The fine that the Hences received applies to the Property Maintenance code 302.3: “All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees, shrubs, cultivated flowers and gardens.”

Doug Tallamy, a professor in the Department of Entomology and Wildlife Ecology at the University of Delaware and a leading expert on the native approach to gardening, says that this code is “ridiculous.”

“You have to define what a weed is. A weed is a plant out of place,” Tallamy said. “That code is from the old days. [It’s] based on the idea that all plants are decorations.”

According to Tallamy, there is no consideration to the ecological functions of plants in the code.

Contesting the fines

After receiving the fine on Aug. 16, the Hences decided to contest the violation. They were given an informal hearing at the Office of Administrative Review in January, located at 100 S. Broad St. in Center City. The hearing did not last long.

“We explained our situation and I took a picture of the sign [of the Certified Wildlife Habitat] to show them and that seemed to help quite a bit with their decision,” Cliff says. “We had a whole bunch of other stuff planned. I brought my laptop with pictures of the property and we also researched some of the plants that were involved. But that seemed to be enough for them and they agreed to rescind the fine.”

In 2024, in the 19119 Mt. Airy zip code in which the Hences live, there were 167 fines for “high weeds, bushes.” When you add additional penalties to the fines, the city of Philadelphia was owed $15,505 for these violations. However, only $4,805 has been paid to the city from property owners. Furthermore, of these 167 fines, there are only six instances of people getting them dismissed after a hearing.

According to Tallamy, city governments and municipalities are frequently changing their codes to address the topic of native plant gardens.

“[Native plant gardening] is a type of landscaping that’s not going to go away,” Bunting says.