Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 13.00 - Standards For Application › Section 13.03 - Exclusions from Pesticide Application

Current through Register 1525, July 5, 2024
(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 which the request was made. All requests shall expire on December 31st 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.