The Town of Fort Erie’s By-law Enforcement Division is currently reviewing the existing Lot Maintenance By-law No. 92-2019, in response to a recent Superior Court ruling that found prohibitions on long grass and naturalized areas to be a violation of the Canadian Charter of Rights and Freedoms under freedom of expression and replacing it with a more modern and comprehensive by-law.

The decision arose from a dispute in which a GTA municipality enforced a by-law requiring grass and weeds to be maintained below twenty centimeters. The property owner challenged the regulation, arguing that allowing naturalized growth supported biodiversity and pollination. The Court found that the municipality failed to provide evidence that a maximum grass height or weed removal was necessary to protect public health or safety and held that municipalities must demonstrate minimally impairing solutions rather than relying on common practice.

This update aims to permit naturalized gardens in defined portions of a property, require mandatory setbacks to minimize impacts on neighbouring properties, and balance residents’ freedom of expression with community standards and property maintenance concerns. The updated by-law will help ensure that all residents exercise their ability to express themselves, while minimizing impacts on other members of the public and community.

By-law staff are seeking input and feedback from Fort Erie residents and stakeholders to help shape the updated by-law. Community engagement is essential to ensure that the revised regulations meet the needs and expectations of those who live and work in Fort Erie.

The current Lot Maintenance No. 92-2019 can be viewed under the “Documents” tab on the right side of this page.

We encourage you to share your feedback on the proposed changes. Submissions will be accepted through Let’s Talk Fort Erie until 4:30 p.m. on Monday, April 6th, 2026. Written comments may also be submitted by mail, email, or by dropping them off at the Town’s secure drop-box, located in the upper parking lot at Town Hall, no later than 12:00 noon on Monday, April 6th, 2026.

For more information, please contact Jim McCaffery, Manager of Municipal Law Enforcement at;

Phone: 905-871-1660 ext. 2216.

Email: jmccaffery@forterie.ca