PRINCESS ANNE — When are grass and weeds taller than 12 inches a nuisance to a neighborhood and when are they a legitimate agricultural crop?

That’s a question the County Commissioners are being asked to decide through changes proposed to the nuisance ordinance.

Currently “uncontrolled growth of weeds, grass or other similar vegetation more than 12 inches in height in any lot or parcel of land not being used for a bona fide agricultural purpose” can be cited by the county’s code enforcer.

To clarify this, the ordinance would be amended to strike through “ bona fide agricultural purpose” and make a nuisance weeds, grass or oth er similar vegetation more than 12 inches in height 1) on any developed residential or commercial lot; 2) on all developed and vacant lots within a recorded residential or commercial subdivision or mobile home park; and 3) on any parcel or lot within 100 feet that abuts a developed lot, recorded subdivision or mobile home park.

Gary Pusey, the director of the Department of Technical and Community Services, said it’s easy to see corn, alfalfa, wheat or some otherdistinct agricultural commodity, but when is a meadow of voluntary plants a farm activity — or just a way to reduce the mowing expense?

“It’s a tough call,” he said.

Code enforcer Casey Goldsborough presented the board photos of two examples, one from Rehobeth Village which is “clearly wheat” and one more questionable from Coulbourn’s Cove in Marion.

Recently owners of unimproved lots in Coulbourn’s Cove were sent letters about vegetation taller than 12 inches. About half of the 20 platted lots are not developed, and the response was a local farmer cuts the properties twice a year to be used as hay and therefore they are exempt from the nuisance ordinance.

Cove’s Way resident Jim Theiss Jr. said his family owns properties in question, but even before they bought it a farmer cut it twice a year. While he’s sure he could have it planted he would prefer the longtime arrangement continue if possible.

Arbor Acres Drive resident Scott Tawes said that many developments have deed covenants “that are a lot stricter” than what the county is proposing, but they are not enforced. He and his neighbors have agreed to let a farmer grow hay up to two feet, but it’s cut more than twice a year.

Mr. Tawes said he is also involved with Rehobeth Village and hay is allowed but it’s not efficient to cut at 12 inches. Covenants are not enforced by the county, but by the homeowners’ association, “and it does come up all the time,” he said.

Mr. Theiss said Coulbourn’s Cove is an example of a subdivision with covenants, but there is no HOA.

Mark Simmons who lives on Millard Long Road brought a new angle to the discussion. He has 35 acres of woodland and meadow which he mows once a year. “It’s a bobwhite quail habitat,” he said, and if it’s mowed it will kill the birds. “I think people should conserve nature,” he said, and his neighbors like it because they can hunt deer.

Mr. Simmons asked if Agriculture- Residential zones could be excluded, except for platted subdivisions. He said he follows forestry and DNR guidelines, so “ how do you handle people who are trying to preserve nature and not causing a nuisance?”

The commissioners were sensitive to this type of situation, which also could include fields of wildflowers for honeybee habitat.

During the June 22 public hearing Commissioner Vice President Charles Laird suggested tightening the criteria, saying if a property owner tilled the soil, bought seed and applied it to the land, “you have designated yourself as an actual hayfield.” He said he would like to see a definition in the ordinance on what an agricultural purpose would entail.

“We really need to get the definition of a hay crop, as we would soybeans, wheat, corn or whatever,” Mr. Laird said. And President Craig Mathies Sr. said an analysis of what was planted would be helpful to know especially for future property owners.

“There’s a possibility it was designated” for ag purposes, he said.

Mr. Laird said if the lots are used for ag purposes there should be some financial or written arrangement denoting that fact, whether it be on income taxes, a rent check “or a written agreement with whoever is removing that product, so that you have something on file.”

“You just can’t just let somebody come down the road and say ‘I’d like to have that field let it grow two more feet and I’ll cut it for you.’ That’s where I’m at. I just wish it was in some type of grain crop and the neighbors wouldn’t be complaining,”

The commissioners were expected to make a decision on July 6 but still lacking definitions requested from the Extension Service a vote is now expected at the July 20 meeting.

Property owners who are cited have 15 days to address the violation or appeal directly to the County Commissioners. If no action is taken the county can bring the property into compliance and invoice the owner.