Exclusions from Pesticide Application

(1) General. (a) Wide Area Applications of pesticides and mosquito control applications of pesticides approved by the State Reclamation and Mosquito Control Board shall not be made to private property which has been designated for exclusion from such application by a person living on or legally in control of said property. (b) Request for exclusion from Wide Area Applications of pesticides and mosquito control applications of pesticides approved by the State Reclamation and Mosquito Control Board may be made to the Department on a form prescribed by the Department. This form shall be submitted to the Department via first class mail or, if available at the time the exclusion request is made, electronically in a manner prescribed by the Department. The exclusion request shall then be transmitted by the Department to the mosquito control project or district in which the property is located, when applicable. (c) The Department shall require, at a minimum, the following information as part of the request for exclusion: 1. name of the landowner or tenant requesting the exclusion. If request is made by the tenant, the name and contact information for the landlord must also be provided; 2. address of the individual requesting the exclusion (if different than property to be excluded); 3. telephone number of the individual requesting the exclusion; 4. address of the property to be excluded, including the parcel identification number as assigned by the city or town if a property in question does not have a dwelling or a street address; and 5. a description of the types of pesticide application programs from which exclusion is requested. (d) Exclusion requests may be made at any time during the year, shall be effective 14 days from receipt of the request, and shall be in effect for the remainder of the calendar year in st which the request was made. All requests shall expire on December 31 of the calendar year in which it was made. (e) A designation for exclusion made by a tenant shall not be deemed to limit the right of the landlord to apply, or authorize the application of, pesticides to that land if by the express or implied terms of the rental agreement the owner retains the right to apply or authorize the application of such pesticides. (f) 333 CMR 13.03 shall not be deemed to limit the right of an easement holder to apply pesticides to land which is subject to the easement if the easement expressly or implicitly includes the right to apply pesticides. (g) A designation for exclusion made by a joint owner, tenant in common, or owner of a condominium unit shall not be deemed to limit the right of any other joint owner, tenant in common, condominium unit owner or condominium association to apply or authorize the application of pesticides to land if by the express or implied terms of the deed, condominium agreement or other agreement governing such land such other joint owner, tenant in common, condominium unit owner or condominium association retains the right to apply or authorize the application of such pesticides. (h) The Department shall make a list of all exclusion requests made within a municipality available to the clerk of that municipality upon request. (2) Marking Areas for Exclusion. All areas designated for exclusion from Wide Area Applications of pesticides and mosquito control applications of pesticides approved by the State Reclamation and Mosquito Control Board shall be marked as follows: (a) Applications by Aircraft. The person requesting exclusion shall clearly mark boundaries or areas to be excluded using marking methods approved by the Department. (b) Ground Applications. The person requesting exclusion shall mark the boundaries or areas to be excluded at least every 50 feet using marking methods approved by the Department which clearly defines the area of exclusion. Approved marking methods shall be listed on the Department's website at www.mass.gov/eea/agencies/agr/pesticides/mosquito. A mosquito control project or district may require a specific method from the approved list, which shall also be made available on its website. (3) Requests for exclusion shall not be honored if: (a) The request is not made in accordance with 333 CMR 13.03; (b) The Commissioner of Public Health has certified that the application is to be made to protect the Public Health; (c) The Commissioner of the Department of Conservation and Recreation has certified that the application is necessary to contain an infestation of a recently introduced pest; or (d) The Commissioner of the Department of Agricultural Resources has certified that the application is necessary to contain an infestation of a pest which is a significant threat to agriculture.