(a) On County-owned property and private property, except as provided in subsection (b), a person must not apply a registered pesticide other than a listed pesticide to:
(1) a lawn;
(2) a playground;
(3) a mulched recreation area;
(4) a children’s facility; or
(5) the grounds of a children’s facility.
(b) A person may apply any registered pesticide to:
(1) control weeds as defined in Chapter 58, Weeds;
(2) control invasive species listed in a regulation adopted under subsection 33B-5(c);
(3) control disease vectors;
(4) control biting or stinging insects or stinging plants;
(5) control organisms that threaten the health of trees or shrubs;
(6) maintain property as part of efforts by a public utility to comply with applicable vegetation management provisions of any federal, state, or local law or regulation;
(7) control indoor pests, if applied around or near the foundation of a building;
(8) control pests while engaged in agriculture; and
(9) control a pest outbreak that poses an imminent threat to human health or prevent significant economic damage if a registered pesticide is not used.
(c) If a pesticide is applied under paragraph (b)(9) of this Section, the person applying the pesticide must:
(1) within seven days after a pesticide is applied on private property, notify the Department of the application and the reasons for the use of the pesticide; or
(2) within 30 days after a pesticide is applied on County-owned property, inform the Council of the application and the reasons for the use of the pesticide. (2015 L.M.C., ch. 46, § 1.)
Editor’s note—In Complete Lawn Care, Inc., et al. v. Montgomery County, Md., (Cir. Ct. Montgomery Cty. Aug. 3, 2017) Nos. 427200V & 427253V, the court enjoined enforcement of 2015 L.M.C., ch. 46 (Bill 52-14) as it regards to use of pesticides on private property because it is preempted by, and in conflict with, the state pesticide law.
2015 L.M.C., ch. 46, § 3, states as follows: The prohibitions and requirements related to the use of registered pesticides and neonicotinoids on County-owned property and in County parks contained in Sections 33B-10, 33B-12, 33B-13 and 33B-14 take effect on July 1, 2016.