Landcare Management Advisory Committee — Portland, ME
Date: 2025-02-11
Time: 18:30

City of Portland
Landcare Management Advisory
Committee

Tuesday, February 11, 2025 at 6:30 PM The Landcare
Management Advisory Committee will conduct this meeting
remotely via Zoom. Allow your computer to install the free
Zoom app to get the best meeting experience. If you are not
able to attend live either in person or via Zoom, a recording
will be available in the Agenda Center following the meeting.

If there is public comment via Zoom, you will need to use the
"raise your hand" feature. To raise your hand via the
telephone, please hit *9. You will be unmuted by the host
when it is time for public comment.

https://portlandmaine-
gov.zoom.us/j/86976306558?pwd=qNOR5Zo2LaNuquIKezX
dqkgLeJn2oC.1


To submit written public comment on an agenda item, email landcare@portlandmaine.gov. Submissions must
be received by 12:00 pm the day before the Landcare Management Advisory Committee meeting to guarantee
their inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To
help ensure your comment is submitted for the correct item, please include the name of the agenda item (see
below).




1. Review Minutes from February 4, 2025
2. Review draft amendments to Chapter 34
 a. Memo
 b. Redline Chapter 34
3. Adjournment




 1

City of Portland
Landcare Management Advisory
Committee

Tuesday, February 11, 2025 at 6:30 PM The Landcare
Management Advisory Committee will conduct this meeting
remotely via Zoom. Allow your computer to install the free
Zoom app to get the best meeting experience. If you are not
able to attend live either in person or via Zoom, a recording
will be available in the Agenda Center following the meeting.

If there is public comment via Zoom, you will need to use the
"raise your hand" feature. To raise your hand via the
telephone, please hit *9. You will be unmuted by the host
when it is time for public comment.

https://portlandmaine-
gov.zoom.us/j/86976306558?pwd=qNOR5Zo2LaNuquIKezX
dqkgLeJn2oC.1


To submit written public comment on an agenda item, email landcare@portlandmaine.gov. Submissions must
be received by 12:00 pm the day before the Landcare Management Advisory Committee meeting to guarantee
their inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To
help ensure your comment is submitted for the correct item, please include the name of the agenda item (see
below).




1. Review Minutes from February 4, 2025
2. Review draft amendments to Chapter 34
 a. Memo
 b. Redline Chapter 34
3. Adjournment




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City of Portland | Sustainability Office
Troy Moon, Director



To: Member of the Portland LMAC
 Jesse O’Brien, Chair




February 11, 2025

Thank you for the robust discussion about the proposed amendments to Chapter 34
during our meeting on February 4. Committee members offered a variety of valuable
suggestions and comments about the original staff proposal which I have
incorporated into recommendations submitted to the Sustainability and
Transportation Committee for consideration. First, I have set aside the
recommendation to amend the composition of the waiver committee at this time.
Reflecting some committee members' concern that the proposed language may
broadly exempt the use of reduced risk pesticides for grubs, I have narrowed the
recommendation to specifically exempt chlorantraniliprole. Finally, reflecting
committee input that the use of this product should be monitored, I have added
language that all applications of chlorantraniliprole must be reported to the
Sustainability Office.

Staff has recommended the following amendments to Chapter 34 to the Sustainability
and Transportation Committee. The amendment to 34-7 is a necessary companion to
the 34-5 amendment because of the recommended application method for
Chlorantraniliprole.

Chapter 34-5 section 4, Exempt Applications: add

ix.​ Grub control application: Chlorantraniliprole may be used to control grubs if applied
by a Professional Applicator as directed by the manufacturer. All such applications shall be
reported to the Sustainability Director.

Which addresses the current lack of an effective treatment for grubs.




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Chapter 34-7 Waivers




Which reflects the prescribed application method of chlorantraniliprole.



As we discussed during the meeting on February 4, staff is recommending these
amendments for the following reasons:

 1.​ Lack of an organic treatment method to address grub infestations

Healthy, organically maintained turf is highly resistant to grub infestation and
damage, but grubs can become established even in healthy turf. When this happens,
there are no organic methods that reliably control grub populations in Maine.
Researchers continue to explore options such as Milky Spore, which is a type of
bacteria that is harmful to grubs, application of nematodes, and application of
another bacterium, Bacillus thurigiensis (Bt). To date, they have not demonstrated
effectiveness, as demonstrated by the two failed treatments at Cheverus.



 2.​ Chlorantraniliprole presents minimal impact to the environment and to the
 public when used as directed on the product label

Using organic practices to build and maintain soil health remains the first defense
against grub damage, but in the event of an infestation that causes unacceptable levels
of damage, chlorantraniliprole is a low-risk way to control them. It is classified as a
reduced-risk pesticide by the EPA and, as noted on its product label, “When used as
directed, this product does not present a hazard to humans or domestic animals.” It is
deemed safe enough that the EPA does not require a cautionary signal word such as


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Caution or Warning. Organic products such as Bt and Milky Spore, which are
ineffective but currently allowed by our ordinance, must display a cautionary signal
word of Caution and note hazards to humans and domestic animals.
Chlorantraniliprole is toxic to aquatic invertebrates but this threat can be mitigated by
following the guidance on the product label. Chapter 34 restricts application of any
pesticide within 75’ of a waterbody.

 3.​ Athlete safety

According to the Sports Field Management Association, natural turf fields with good
quality turfgrass cover have higher traction, cushioning, and resiliency, and lower
surface hardness than synthetic surfaces. This reduces the probability of injury in
contact sports. Natural turf also provides cooler playing surfaces. However, these
advantages are diminished when natural turf fields have damage from grub
infestations such as bare spots, uneven playing surfaces, and loose grass surfaces that
can cause athletes to fall or slide unexpectedly. This can result in serious injuries.
Having a means to treat grubs will help field managers maintain high quality natural
turf playing surfaces that reduce the likelihood of athlete injury.

Once again, I appreciated the robust discussion and look forward to reviewing these
recommendations on Tuesday evening.




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-1 Rev. 9-19-2022




 Chapter 34


 LANDCARE

Sec. 34-1. Title.

 This chapter shall be known as the City of Portland
Landcare Ordinance (hereinafter, the “Ordinance”).
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-2. Purpose.

 The purpose of this ordinance is to safeguard the health,
safety and welfare of the residents of the City and to conserve
and protect the City’s waterways and natural resources by
curtailing the use of pesticides and fertilizers for turf,
landscape and outdoor pest management.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-3. Definitions.

 The following words, terms and phrases, when used in this
ordinance, shall have the following meaning:

 Aggrieved party means an individual or entity that applies
for but is denied a waiver from provisions of this ordinance as
described in Section 34-6.

 Broadcast application means the spreading of pesticides
over an entire area.

 Commercial Agriculture means the production of crops for
sale, including crops intended for widespread distribution to
wholesalers or retail outlets and any non-food crops.

 Compost means soil amendment made from decomposing organic
matter used to improve soil structure and nutrient holding
capacity. For the purposes of this ordinance, compost is not
considered a fertilizer.

 Emergency means a serious, unexpected, and often dangerous
situation requiring immediate action.




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 9-19-2022

 Environmentally sensitive areas means areas that are
particularly vulnerable to fertilizer nutrient loss and/or where
direct transmission of fertilizer nutrients to surface water or
ground water is likely. This includes coastal and freshwater
wetlands, beaches and sand dunes, streams and tributary streams

 EPA means the United States Environmental Protection
Agency.

 Fertilizer means a substance containing one or more plant
nutrients and used for its plant nutrient content. State law
requires that all fertilizer products be registered with its
department of agriculture prior to distribution.

 FIFRA means the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. § 136 et seq.

 Golf course means an area of land laid out for playing the
game of golf with a series of 9, 18 or more holes. Mini-golf
and disc golf courses are not considered golf courses.
 Heavy rain event means a rain event producing 0.5 inch or
more of precipitation in a one hour period.

 High Use Athletic Facilities means the following playing
fields located in the following parks as listed in Chapter 18,
section 18-11: Fox Field, Quinn Field and Deering Oaks Baseball
Field at Deering Oaks Park; Back Cove Park; and Payson A Field
in Payson Park. It shall also include Presumpscot Field at
Deering High School.

 Hydro-seeding means the process of seeding by pumping seed
in a mixture of water through a nozzle that sprays the mixture
onto a seedbed. The water mixture may also contain add-ins such
as fertilizer and certain mulches.

 Landcare means a land management approach intended to
prevent soil degradation and responsibly manage land resources,
and cultivate environmental health.

 Landcare Management Advisory Committee (LMAC) means the
Landcare Management Advisory Committee as described in this
Chapter.

 New development means any alteration of land for the
purposes of construction or reconstruction redevelopment that



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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 6-17-2024

results in soil disturbance and/or compaction, vegetation
removal, and/or regrading.

 Organic fertilizer means a fertilizer derived from either
plant or animal products that contain nutrients for plant
growth. It is acceptable for the materials in these fertilizers
to have been subjected to biological degradation processes under
normal conditions of aging, rainfall, suncuring, air drying,
composting, rotting, enzymatic, or anaerobic/aerobic bacterial
action, or any combination of these. In order to qualify as
organic fertilizer, the materials in these fertilizers may not
be mixed with synthetic materials or changed in any physical or
chemical manner from their initial state except by manipulations
such as drying, cooking, chopping, grinding, shredding,
hydrolysis, or pelleting in order to qualify as organic
fertilizer. Organic fertilizers are broken down by, and feed,
the microbial life in the soil.

 Organic landcare means a landcare management technique that
integrates cultural, biological, and mechanical practices to
build soil health, including practices such as mowing at higher
levels, aeration, top dressing with compost, over-seeding, and
watering deeply but infrequently, and without the use of toxic
pesticides and synthetic fertilizers.

 Organic material means the organic matter component of
soil, consisting of plant and animal detritus at various stages
of decomposition, cells and tissues of soil microbes, and
substances that soil microbes synthesize.

 Over-seeding means the application of additional turfgrass
seeding to existing turf.

 Performance turf means grounds devoted to athletic fields
and golf courses.

 Prills means a small aggregate or globule of a material,
most often a dry sphere or pellet. Fertilizers and some
detergent powders are commonly manufactured as prills.

 Repellant means a substance that deters insects or other
pests from approaching or settling.

 Invasive Species means a plant or insect that is not native
to a particular ecosystem, and whose introduction does or is
likely to cause economic or environmental harm or harm to human



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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 6-17-2024

health. Invasive species include those plants listed under the
Maine Department of Agriculture, Conservation and Forestry’s
Natural Areas Program as currently invasive, potentially or
probably invasive, and highly likely but not currently invasive,
as well as those insects listed by the Maine Forest Service as
threats to Maine’s forests and trees.

 Natural, organic or "non-synthetic" means a substance that
is derived from mineral, plant, or animal matter and does not
undergo a “synthetic” process as defined in the Organic Foods
Production Act, 7 U.S.C. § 6502(21), as the same may be amended
from time to time.

 Organic pest management means the act of managing or
controlling pests through the use of mechanical, cultural, or,
biological processes, or through the use of natural, organic, or
non-synthetic substances.

 Person means any individual natural person, partnership,
joint venture, society, association, company, club, trustee,
trust or corporation; or any officer, agent, employee, or
personal representative of any thereof, in any capacity acting
either for her or himself or for any other person under either
personal appointment or pursuant to law.

 Pest shall have the same meaning as the term set forth in
40 C.F.R. § 152.5, as the same may be amended from time to time.

 Pest Management means the act of managing or controlling
pests through the use of chemical, mechanical, cultural,
biological, or genetic measures.

 Pesticide means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
pest; any substance or mixture of substances intended for use as
a plant regulator, defoliant or desiccant. It does not include
multicellular biological controls such as mites, nematodes,
parasitic wasps, snails or other biological agents not regulated
as pesticides by the EPA. Herbicides, fungicides, insecticides
and rodenticides are considered pesticides.

 Pests of significant public health importance means the
pests listed by the EPA, in conjunction with the U.S. Department
of Health and Human Services and the U.S. Department of
Agriculture, as pests of significant public health importance.




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 6-17-2024

 Preemptive application means the application of pesticides
as a measure against something possible, anticipated or feared,
i.e., as a preventive or deterrent measure.

 Public utility means any transmission and distribution
utility, telephone utility, water utility, gas utility, or
natural gas pipeline utility that is subject to the jurisdiction
of the Maine Public Utilities Commission.

 Re-establishment means a procedure involving complete turf
removal and seeding or laying sod to establish new turf.

 Restricted Entry Interval, also known as the re-entry
interval or re-entry time, means the minimum amount of time that
must pass after a pesticide is applied to an area before people
or pets can safely go into that area. The labels on pesticides
provide information about an individual pesticide's REI.

 Slope means the ratio of elevation change to horizontal
distance, expressed as a percentage. Slope is computed by
dividing the vertical distance by the horizontal distance, and
multiplying the ratio by 100. For purposes of this Chapter, a
slope shall include only those areas with a horizontal distance
of at least 50 feet.

 Soil means the outer, weathered layer of the Earth’s crust
which can potentially support plant life and is made up of
inorganic particles, organic matter, organisms, water and air.

 Soil amendment means a soil amendment is material added to
soil to improve its physical properties, including, but not
limited to, the substances listed on the National List of
Allowed and Prohibited Substances, 7 C.F.R § 205.601, as the
same may be amended from time to time. For the purposes of this
ordinance, a soil amendment is not considered fertilizer.

 Soil microbes means living organisms in soil (such as
bacteria and fungi), which feed on organic matter and decompose
rapidly.

 Soil test means the standard soil test offered by the
University of Maine Cooperative Extension or a comparable test
identified by the City Manager or their designee.
(Ord. No. 245-23/24, 6-17-2024)




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 6-17-2024

 Starter fertilizer means a fertilizer formulated for a one-
time application at planting or near that time to encourage root
growth and to enhance the initial establishment of turf. This is
typically a water-soluble product that contains high levels of
phosphorus to allow for robust root growth.

 Steep topography means slope lengths exceeding 50 feet
(horizontal distance) on slopes greater than 15%.

 Summer dormancy means the period during mid-summer most
commonly observed in un-irrigated lawns when turf growth ceases.
Dormancy is characterized by brittle texture and a loss of green
color.

 Synthetic means a substance that is formulated or
manufactured by a chemical process or by a process that
chemically changes a substance extracted from naturally
occurring sources, except that such term shall not apply to
substances created by naturally occurring biological processes.

 Synthetic fertilizer means any fertilizer manufactured from
one or more synthetic materials and may or may not contain
animal parts, animal byproducts, manures or renderings.
Synthetic fertilizer bypasses the microbial life in the soil and
is taken up by the plant directly.

 Total nitrogen means the sum of all fertilizer nitrogen
species, including water soluble nitrogen forms, slow release
nitrogen forms, and water insoluble nitrogen forms. The
percentage of total nitrogen appears as the leftmost number of
the grade on fertilizer labels.

 Turf means a community of herbaceous plants that can be
mowed, including grass and sod; a surface layer of the earth
with grass growing on it, usually mowed, including lawns, grass
covered medians, athletic fields, golf courses, outdoor event
spaces, and the like.

 Waiver Committee means the Waiver Committee as described in
this Chapter.

 Water body means any great pond, river, stream or tidal
area as those terms are defined in Chapter 14 of the Portland
Code of Ordinances.




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-3 Rev. 6-17-2024

 Wetland means a coastal or shoreland freshwater wetland as
those terms are defined in the City’s Zoning Ordinance, Chapter
14 of the Code of Ordinances.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-4. Applicability

The following provisions shall apply to all outdoor pest
management activities and use of fertilizer conducted within the
boundaries of the City of Portland (hereinafter, the “City”), on
both public and private land, excluding the exemptions provided
in this Chapter.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-5 Permitted, prohibited, and exempt applications

 (a) Subject to the applicability dates set forth in Sec.
34-14 herein, the following provisions shall apply to all
outdoor pest management activities in the City.

 1. Permitted Pest Management Activities and/or Materials,
 except as provided in (b)(3) below:

 i. Organic Pest Management, except as provided in
 (b)2 below;
 ii. Use or application of Synthetic substances
 specifically listed as “allowed” on the U.S.
 Department of Agriculture’s National List of
 Allowed and Prohibited Substances (the “National
 List”); and/or
 iii. Use or application of Pesticides determined to be
 “minimum risk pesticides” pursuant to the FIFRA
 and listed in 40 C.F.R. § 152.25(f)(1) or (2), as
 may be amended from time to time.

 2. Prohibited Pest Management Activities and/or
 Materials:

 i. Use or application of Synthetic substances other
 than those described in (a)(2) above;
 ii. Use or application of Non-synthetic substances
 specifically listed as “prohibited” on the
 National List; and/or
 iii. The use or application of pesticides (whether
 natural, organic, “non- synthetic,” synthetic or
 otherwise) within seventy five feet of a water
 body or wetland.


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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-5 Rev. 6-17-2024



 3. Exempt Pest Management Activities and/or Materials.
 The following are exempt from the provisions of this
 ordinance (and therefore are allowed):

 i. Use or application of Pest Management Activities
 and/or Materials in connection with Commercial
 agriculture;
 ii. Pet supplies, such as shampoos and tick and flea
 treatments, when used in the manner specified by
 the manufacturer;
 iii. Disinfectants, germicides, bactericides,
 miticides and virucides, when used in the manner
 specified by the manufacturer;
 iv. Insect repellents when used in the manner
 specified by the manufacturer;
 v. Rat and rodent control supplies when used in the
 manner specified by the manufacturer;
 vi. Swimming pool supplies when used in the manner
 specified by the manufacturer; and/or
 vii. General use paints, stains, and wood
 preservatives, and sealants when used in the
 manner recommended by the manufacturer.

 4. Exempt Applications. The following applications are
 exempt from the provisions of this ordinance (and
 therefore are allowed):

 i. Specific health and safety applications.
 Prohibited pesticides may be used to control
 plants that are poisonous to the touch, such as
 poison ivy, pests of significant health
 importance such as ticks and mosquitoes, and
 animals or insects that may cause damage to a
 structure, such as carpenter ants or termites;
 ii. Golf course applications. Prohibited pesticides
 may be used on golf courses provided that the
 course is designated through Audubon
 International as a Certified Audubon Cooperative
 Sanctuary;
 iii. Hadlock Field applications;
 iv. Treatments for Heritage Elms;
 v. Applications on fields at High Use Athletic
 facilities (until January, 2023, unless this date
 is extended by the City Council);




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-5 Rev. 6-17-2024

 vi.  Prohibited pesticides may be used to control the
 Emerald Ash Borer, Asian Longhorned Beetle,
 Hemlock Woolly Adelgid, Browntail Moth and other
 insects identified as invasive by the Maine
 Forest Service;
 vii. Right-of-way applications. Prohibited pesticides
 may be used by a public utility that maintains a
 right-of-way through the City; and/or
 viii. Invasive plant applications on city property.
 Applications to control plants categorized as
 currently considered invasive in Maine by the
 Maine Department of Agriculture, Conservation,
 and Forestry.
 ix. Grub control application: Chlorantraniliprole may
 be used to control grubs if applied by a
 Professional Applicator as directed by the
 manufacturer. All such applications shall be
 reported to the Sustainability Director.

 5. Disclosures. For any exempt applications by the City,
 disclosure shall be made in the annual report
 described in Section 34-9 of this ordinance.

 6. Exempt Uses. The following uses are exempt from the
 provisions of this ordinance (and therefore are
 allowed):

 i. Any use of pesticides mandated by state or federal
 law or required by an order or decision from a
 court or state or federal board or agency.

 (b) Subject to the applicability dates set forth in Sec.
34-14 herein, the following provisions shall apply to all
fertilizer applications in the City.

 1. Prohibited Fertilizer Applications. The following
 prohibitions apply for all fertilizer applications on
 all turf types:
 i. Applications within 75 feet of a water body or
 wetland or other environmentally sensitive area
 are prohibited.
 ii. Applications on frozen ground or saturated
 surfaces are prohibited.
 iii. Applications when a heavy rain event is occurring
 is prohibited.




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-5 Rev. 6-17-2024

 iv. Applications during summer dormancy or when the
 ground is partially or wholly frozen are
 prohibited.
 v. Applications on impervious surfaces are
 prohibited; if spills occur on impervious
 surfaces, they must be swept up immediately.
 vi. Applications with phosphorus are prohibited
 except where a soil test conducted within the
 last three years indicates a need for phosphorus,
 or phosphorous is being used for new
 development/re- establishment, as specified in
 subsection (B) below.
 vii. Applications of synthetic fertilizer are
 prohibited except where a waiver has been granted
 pursuant to Sec. 34-7 below.
 viii. Application of compost or fertilizers
 derived from wastewater treatment sludge or from
 organic residuals remaining after industrial
 processes (such as paper making) is prohibited
 within the boundaries of the City of Portland.
 ix. Applications of organic fertilizer not in
 compliance with subsection (2) below are
 prohibited.

 2. Permitted Fertilizer Applications. The following
 applications of organic fertilizer are allowed within
 the limits for the specific application as set forth
 below:

 i. Except as specified in subsections (ii), (iii),
 and (iv) below, applications of organic
 fertilizer, including residential lawns, are
 allowed only when a soil test conducted within
 the last three years indicates a need for
 nitrogen. Applications of organic fertilizer may
 not contain nutrients in excess of the amount
 recommended by the completed soil test. Only
 phosphorus-free, organic fertilizer is allowed
 for these applications, unless the soil test
 indicates a need for phosphorus.
 ii. Applications of organic fertilizer on performance
 turf are allowed as necessary provided that total
 nitrogen does not exceed 4 lbs per 1,000 square
 feet per year.
 iii. Applications of organic starter fertilizer for
 new development may contain phosphorus without a



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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-5 Rev. 6-17-2024

 soil test. The fertilizer must be incorporated
 into top soil 2-3 inches deep. Two fertilizer
 applications are permitted for one calendar year
 from the date of first application only. For each
 application, total nitrogen and phosphorus may
 not exceed 1 lb. per 1,000 square feet.
 iv. Applications of organic fertilizer for re-
 establishment of turf may contain phosphorus
 without a soil test. Unless the application is
 through hydro-seeding or overseeding, the organic
 fertilizer must be incorporated into the soil 2-3
 inches deep. Fertilizer applications may not
 exceed 1 lb. of nitrogen and phosphorus per 1,000
 square feet per application. Total nitrogen and
 phosphorus may not exceed 2 lbs. per 1,000 square
 feet per calendar year from the date of last
 application.
 v. Application of organic fertilizer to gardens,
 including vegetable, flower, and ornamental, may
 be applied without a soil test, although a soil
 test is highly recommended. Fertilizer must be
 incorporated into the soil with a rake or other
 tool so it is not left exposed on the topsoil.

 3. Exempt Fertilizer Applications. Notwithstanding any
 other provision in this Chapter, the following
 applications of fertilizer are exempt from the
 provisions of this ordinance (and therefore allowed
 without restriction):
 i. Golf course applications. Fertilizers may be used
 on golf courses provided that the course is
 designated through Audubon International as a
 Certified Audubon Cooperative Sanctuary;
 ii. Hadlock Field applications.
 iii. Liquid deep root feeding of trees.
 iv. Fertilization of woody plants and shrubs so long
 as fertilizer is injected to the root or applied
 within the drip edge of the plant and
 incorporated into the soil with a rake or other
 tool.
 (Ord. No. 110-17/18, 1-3-2018; Ord. No. 79-20/21, 9-21-2020; Ord. No. 60-
22/23, 9-19-2022; Ord. No. 245-23/24, 6-17-2024)

Sec. 34-6. Landcare Management Advisory Committee.




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-6 Rev. 9-19-2022

 (a) The Landcare Management Advisory Committee (“LMAC”) is
hereby established. The LMAC shall consist of seven (7) members
as follows:
 1. The City’s Sustainability Director or a City employee
 appointed by the City Manager;
 2. One (1) practicing agronomist appointed by the City
 Council;
 3. Two (2) Maine Board of Pesticides Control-licensed
 landscape professionals, at least one (1) of whom has
 experience in organic land care management and is
 accredited by the Northeast Organic Farming
 Association in Organic Land Care, each appointed by
 the City Council; and
 4. Three resident or taxpayer representatives appointed
 by the City Council at least one of whom has
 experience in organic land care management.
 (b) The terms of office of the six (6) LMAC members
appointed by the City Council shall be three-year terms, except
that the initial appointments after the establishment of the
LMAC shall be such that the terms of office of no more than two
(2) members shall expire in any single year. The term of office
for the City employee LMAC member shall be for as long as the
employee holds said employment position.

 (c) The LMAC shall advise the City Council and the City’s
Sustainability Coordinator Director with respect to the
following:
 1. Advising the Sustainability and Transportation
 Committee and the City’s Sustainability Coordinator
 Director of any problems encountered or amendments
 that may be required to achieve the full and
 successful implementation of this ordinance;
 2. Reviewing and acting upon waiver applications when
 applicable;
 3. Developing and implementing outreach and education as
 specified in Sec. 34-11 of this ordinance (in
 coordination with the Sustainability
 CoordinatorDirector);
 4. Seeking the participation, advice and counsel of
 experts in the fields of organic turf and landscape




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City of Portland Landcare
Code of Ordinances Chapter 34
Sec. 34-6 Rev. 9-19-2022

 management, maintenance of trees and shrubs, and
 organic pest protocol;
 5. Encouraging broad community participation, from
 parents, schools, advocates, and local arboriculture
 and landscaping businesses, in the activities of the
 LMAC;
 6. Reviewing annual data and issuing a summary report
 annually by March 31 to the Sustainability and
 Transportation Committee, or whatever committee is
 assigned an oversight role by the City Council, which
 includes, among other things, a summary of its
 educational outreach; recommendations on any necessary
 amendments to this chapter; the number of waivers
 granted in the past year; and comprehensive data taken
 from the written documents provided by Applicators
 and/or Licensed Applicators about the use of
 pesticides and fertilizers within the City of Portland
 including, but not limited to:
 i. The amount of pesticides and fertilizers used on
 privately or publicly owned land in the City of
 Portland;
 ii. The reasoning for such use of pesticides and
 fertilizers; and
 iii. The specific pesticides and fertilizers that were
 used.
 7. Any additional responsibilities as may be assigned and
 deemed necessary by the City Council.
 (d) PLMAC Officers, meetings and records.

 1. The members shall annually elect a chair and a
 secretary from their membership;
 2. All meetings of the LMAC shall be noticed and open to
 the public in accordance with the City’s notice
 policies and Maine’s Freedom of Access Act;
 3. A quorum shall consist of four members;
 4. The LMAC shall meet at least five (5) times annually;
 5. Minutes shall be kept of all meetings and posted on
 the City web page; and




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Code of Ordinances Chapter 34
Sec. 34-6 Rev. 9-19-2022

 6. An annual report of the LMAC’s activities shall be
 submitted to the Sustainability and Transportation
 Committee by March 31 of each year.
 (e) LMAC may adopt procedural rules for the conduct of its
business not inconsistent with this article. Such rules shall be
filed with the City Clerk. All such rules shall be subject to
veto, in whole or in part, by the Council within 45 days of such
filing. The initial rules shall take effect when filed, subject
to veto as provided above. Amendments to the rules shall take
effect upon expiration of said veto period. Any rule may be
waived by the chair upon good cause being shown.

 (f) Waiver Subcommittee:
 1. A subcommittee of the LMAC shall be established
 annually and consist of the designated City staff
 member and one (1) other member of the LMAC designated
 by the Chair;
 2. This subcommittee shall be authorized to review and
 decide waiver applications as described in section 34-
 7; and
 3. The LMAC shall schedule meetings of the Waiver
 Subcommittee frequently enough to be responsive to
 waiver requests. All meeting dates shall be posted in
 advance on the City calendar.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-7. Waivers.
 (a) In situations that are an emergency, threaten the
public health, safety or welfare, or for the control of invasive
species that pose a threat to the environment, persons shall
apply to the LMAC Waiver Committee for a waiver from the
provisions of this ordinance prior to the use/application of a
prohibited fertilizer or pesticide or prior to the conduct of a
prohibited application.

 (b) In addition, Persons may apply to the Waiver Committee
for a waiver in order to use a synthetic fertilizer on
performance turf or for new development, prior to the actual use
of the synthetic fertilizer, if one or more the following
conditions exists:

 1. The soil temperature is less than 55 degrees
 Fahrenheit and reasonable grounds exist to justify
 fertilizer use at that location and at that time;


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Code of Ordinances Chapter 34
Sec. 34-7 Rev. 9-19-2022

 2. The turf is experiencing high stress due to high use
 and must be ready for high performance play when the
 sports season(s) begin; or
 3. A suitable organic product that meets the nutrient
 needs of the soil as specified in a soil test is
 unavailable.


 (c) The waiver application shall be filed with the LMAC
Waiver Committee, on a form prescribed by the Committee and
shall include the following information: the reason for
requesting the use/application of a prohibited pesticide; the
proposed location(s) of the proposed application(s); details on
the timing(s) of use, substance(s) and amounts to be applied;
date(s) of application; and a management plan that includes the
narrowest effective application, avoidingexcludes broadcast and
preemptive applications when feasible; and a pest identification
and threshold report. In order to approve a waiver application,
the LMAC Waiver Committee must find that all of the following
criteria are met:

 1. A situation exists that: is an emergency; threatens
 the public health, safety and/or welfare; involves an
 invasive species; that poses a threat to the
 environment,; or requires a non-permitted pest
 management activity and/or material to protect
 buildings or structures from damage;

 2. The applicant has carefully evaluated all alternative
 methods and materials including, but not limited to,
 non-pesticide management tactics, minimum risk
 pesticides, non-synthetic pesticides, and is choosing
 to use the minimum amount of the least toxic, most
 effective pesticide necessary;

 3. The applicant will, to the greatest extent practical,
 minimize the impact of the application on abutting
 properties; and

 4. To the maximum extent possible the grant of the waiver
 will not be detrimental to the public’s health, safety
 or welfare.

 (d) The Waiver Committee shall conduct a hearing on all
complete waiver applications received within ten (10) business
days of receipt of the complete application and shall seek to



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Code of Ordinances Chapter 34
Sec. 34-7 Rev. 9-19-2022

issue a written decision on the application within three (3)
business days of reviewing an application.
 (e) In approving any waiver application, the Waiver
Committee may also prescribe conditions and safeguards as are
appropriate to further the purposes of this ordinance. The
waiver decision of the Waiver Committee shall be in writing,
with copies provided to the applicant, the LMAC, and the
Sustainability CoordinatorDirector, and the City Clerk.
An Aggrieved Party may appeal a written decision of the LMAC
Waiver Committee to the City Manager or designee within five (5)
business days of the issuance of the committee’s decision. The
appeal shall be in writing and shall state the basis for the
appeal. The City Manager or designee (who shall not be a member
of the LMAC) shall act upon the appeal within five (5) business
days of receipt of the appeal. The decision of the City Manager
or designee shall be in writing, with copies provided to the
aggrieved party, the LMAC Waiver Committee, and the
Sustainability CoordinatorDirector. The decision of the City
Manager or designee shall be final. (Ord. No. 110-17/18, 1-3-2018;
Ord. No. 60-22/23, 9-19-2022)

Sec. 34-8. Reporting by State of Maine Licensed Applicators.

In addition to complying with the Maine Board of Pesticides
Control rules regarding record keeping and reporting
requirements as outlined in01-026 C.M.R. Ch. 50, as amended from
time to time, all State of Maine licensed applicators are
required to submit to the LMAC an annual summary report on or
before February 1st of each calendar year relating to the
preceding calendar year. This report shall contain the
following information for applications performed in the City in
the prior calendar year: target site, pesticide brand name, EPA
registration number, total undiluted formulation (in pounds or
gallons), and total area treated as listed and as amended on the
Commercial Applicator Annual Summary Report required by the
Maine Board of Pesticides Control.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-9. Management plan and annual reporting for publicly
owned parks and open spaces.

The City shall maintain a management plan for public open spaces
that shall be posted on the City website. The City Manager or
designee shall provide an annual report to the LMAC describing
efforts to reduce the use of synthetic pesticides, a description



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City of Portland Pesticide Use
Code of Ordinances Chapter 34
Sec. 34-9 Rev. 1-3-2018

of synthetic pesticides used during the previous year, the
reason for their use, and the cost of such pesticide usage.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

34-10. Public Notification.
Any person shall comply with the following posting requirements.
 (a) For all prohibited pesticide uses or applications:
 1. A warning sign shall be posted on the privately or
 publicly owned land. These signs must be posted before
 application activities commence on the land and be
 left in place for at least forty-eight (48) hours
 after actual application or until expiration of the
 restricted entry interval indicated by the pesticide
 label, whichever is longer;
 2. All signs shall be at least five (5) inches high and
 four (4) inches wide in size. Signs shall be attached
 to the upper portion of a dowel or other supporting
 device so that the bottom of the sign is not less than
 12" and the top of the sign is not more than 48" above
 the ground. The signs shall be of rigid, weather
 resistant material substantial enough to be easily
 read for the duration of the placement;
 3. All signs must be light colored (white, beige, yellow
 or pink) with dark, bold letters (black, blue or
 green). They shall have lettering that is conspicuous
 and clearly legible;
 4. The sign must include the following:
 i. The word “CAUTION” in 72-point type;
 ii. The words “PESTICIDE APPLICATION” in 30-point
 type or larger;
 iii. The Maine Board of Pesticides Control designated
 symbol;
 iv. Any reentry precautions from the pesticide
 labeling;
 v. The name and telephone number of the entity
 making the pesticide application;
 vi. The date and time of the application;
 vii. A date and/or time to remove the sign;
 viii. the chemical and trade name of the
 pesticide; and
 ix. the length of time to remain off the treated area
 as indicated by the pesticide label; and


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Code of Ordinances Chapter 34
Sec. 34-10 Rev. 9-19-2022



 5. For licensed applicators, the requirements above are
 in addition to any requirements that may also apply to
 State of Maine licensed applicators subject to the
 Maine Board of Pesticides Control rules, as may be
 amended from time to time, regarding public
 notification.

 (b) All retailers selling pesticides or fertilizers
subject to the provisions of this chapter shall post a sign at
the point of sale that contains the following verbiage:

 1. Application of synthetic pesticides and fertilizers
 within the City of Portland must comply with Chapter
 34 of the City Code.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)


Sec. 34-11. Outreach and Education.

 (a) The Sustainability Coordinator Director or designee
shall publish notice of this ordinance in a newspaper of general
circulation in the City upon adoption and shall attempt to
provide information about it to identified retailers and lawn,
garden, and tree-care providers serving the City of Portland, as
well as to churches, schools, and other institutions in
Portland.

 (b) The LMAC shall prepare and publish materials designed
to educate the community about the role of pesticides and
fertilizers in the local environment and the benefits of organic
fertilizers and pest management. This outreach may include: a
community-based social marketing campaign targeting City
households and businesses; promotion of professional education
and training for State of Maine licensed applicators;
distribution of information and news about City practices
through Portland internet and web-based resources; public
service announcements; news releases and news events; tax bill
inserts; posters and brochures made available at City events and
applicable locations that serve the public; workshops,
trainings, and demonstration projects; targeted outreach to
schools; and/or any additional methods deemed appropriate by the
LMAC.

 (c) The LMAC shall also develop a program to work directly
with retailers that sell pesticides and fertilizers in the City
of Portland to:


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Code of Ordinances Chapter 34
Sec. 34-11 Rev. 9-19-2022



 1. Provide educational training for all retail store
 employees who recommend and sell pesticides or
 fertilizers for use in the home and garden,
 highlighting the following:
 i. federal, state, and local pesticide and
 fertilizer regulations;
 ii. principles of organic landcare, including pest
 management and use of fertilizers;
 iii. pesticide and fertilizer toxicity and health and
 environmental concerns;
 iv. proper pesticide display and storage; and
 v. the role of personal protective equipment,
 pesticide poisoning symptoms, and emergency
 procedures in case of spills; and
 2. Implement a toolkit consisting of educational
 materials and signage (i.e., posters, signs, stickers)
 that can be customized, printed, and placed in stores
 to help consumers understand this ordinance and
 alternatives to prohibited pesticides and fertilizers.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-12. Violations.

Any person violating any of the provisions of this ordinance or
failing, neglecting or refusing to obey any order or notice of
the City Manager or designee issued hereunder shall be subject
to enforcement action as provided in §34-13.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-13. Enforcement and Remedies.
 (a) This ordinance may be enforced by the City Manager or
designee;

 (b) The City Manager or designee shall have the authority
to enact rules and regulations in order to implement the
provisions of this ordinance;

 ((c) The Permitting DepartmentCity Manager or designee is
authorized to institute, or cause to be instituted by the
corporation counsel, in the name of the city, any and all
actions, legal or equitable, that may be appropriate or


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Code of Ordinances Chapter 34
Sec. 34-1 Rev. 1-3-2018

necessary for the enforcement of the provisions of this article;
and

 (d) Any violation of this chapter shall constitute a civil
violation subject to the penalties contained in Portland City
Code, Chapter 1, § 1-15.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 60-22/23, 9-19-2022)

Sec. 34-14. Severability.

If any section, paragraph, sentence, word or phrase of this
ordinance is for any reason held to be invalid or unenforceable
by any court, such decision shall not affect the validity of the
remaining provisions of this ordinance.
(Ord. No. 110-17/18, 1-3-2018;)

Sec. 34-15. Conflicts with Other Ordinances.

Whenever a provision of this ordinance conflicts with or is
inconsistent with another provision of this ordinance or of any
other ordinance, regulation or statute, the more restrictive
chapter, article or ordinance of the Portland City Code shall
control.
(Ord. No. 110-17/18, 1-3-2018)

Sec. 34-16. Effective date; Applicability dates.

In order to allow time for residents and businesses to become
familiar with the requirements of this ordinance, the
prohibitions on the use of certain products and/or applications
(and the related public notification, signage and reporting
requirements) shall be effective as follows:

 (a) Phase One: Commencing no later than July 1, 2018, the
provisions set forth in Sec. 34-5 on outdoor pest management
activities shall apply to City-owned property (but not to high
use athletic fields or golf courses);

 (b) Phase Two: Commencing no later than January 1, 2019,
the provisions set forth in Sec. 34-5 on outdoor pest management
activities shall apply to private property (but not high use
athletic fields or golf courses); and

 (c) Phase Three: Commencing no later than January 1,
2023, the provisions set forth in Sec. 34-5 on outdoor pest
management activities with respect to high use athletic fields
shall apply to public or private property, except that the City


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Code of Ordinances Chapter 34
Sec. 34-1 Rev. 1-3-2018

Manager or his or her designee may request that the City Council
extend this applicability date if he or she determines more time
is necessary to transition to organic management practices for
these properties and facilities.
(Ord. No. 110-17/18, 1-3-2018; Ord. No. 79-20/21, 9-21-2020)




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