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(a) A person who performs a private lawn application treating an area more than 100 square feet, or an area of any size within five feet of a property line, must place markers within or along the perimeter of the area where pesticides have been applied.
(b) A marker required under this Section must:
(1) be clearly visible to persons immediately outside the perimeter of the property;
(2) be a size, form, and color approved by the Department;
(3) be made of material approved by the Department; and
(4) have wording with content and dimensions approved by the Department; and
(5) be in place on the day that the pesticide is applied. (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.
ARTICLE 3. APPLICATION RESTRICTIONS.
(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.
(a) The Executive must implement a public outreach and education campaign before and during implementation of the provisions of this Article.
(b) The outreach and education campaign must include the provision of the following resources:
(1) the NOSB National List or the Organic Materials Review Institute (OMRI) listed products which are the NOSB National list products categorized by use;
(2) FIFRA § 25(b) minimum risk pesticides, listed in 40 C.F.R. § 152.25(f); and
(3) guidance on best practices for organic and pesticide-free lawn care.
(c) The outreach and education campaign should include:
(1) informational mailers to County households;
(2) distribution of information through County internet and web-based resources;
(3) radio and television public service announcements;
(4) news releases and news events;
(5) information translated into Spanish, French, Chinese, Korean, Vietnamese, and other languages, as needed;
(6) extensive use of County Cable Montgomery and other Public, Educational, and Government channels funded by the County; and
(7) posters and brochures made available at County events, on Ride-On buses and through Regional Service Centers, libraries, recreation facilities, senior centers, public schools, Montgomery College, health care providers, hospitals, clinics, and other venues. (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.
ARTICLE 4. COUNTY PROPERTY AND PARKS.
(a) Prohibition. Except as provided in subsection (b), a County employee or County contractor must not use a neonicotinoid pesticide on property owned by the County.
(b) Exceptions.
(1) A County employee or County contractor may use a neonicotinoid pesticide on County-owned property to control pests while engaged in agriculture.
(2) This Section does not apply to County-owned property that the Parks Department operates or manages for the County. (2015 L.M.C., ch. 46, § 1.)
Editor’s note—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.
(a) Adoption of program. The Department must adopt an integrated pest management program for all property owned by the County.
(b) Requirements. Any program adopted under subsection (a) must require:
(1) monitoring the turf or landscape as appropriate;
(2) accurate record-keeping documenting any potential pest problem;
(3) evaluating the site for any injury caused by a pest and determining the appropriate treatment;
(4) using a treatment that is the least damaging to the general environment and best preserves the natural ecosystem;
(5) using a treatment that will be the most likely to produce long-term reductions in pest control requirements and is operationally feasible and cost effective in the short and long term;
(6) using a treatment that minimizes negative impacts to non-target organisms;
(7) using a treatment that is the least disruptive of natural controls;
(8) using a treatment that is the least hazardous to human health; and
(9) exhausting the list of all non-chemical methods and listed pesticides for the targeted pest before using any other treatments.
(c) The Department must provide training in integrated pest management for each employee who is responsible for pest management. (2015 L.M.C., ch. 46, § 1.)
Editor’s note—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.
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