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Pesticide Exclusion:


ALL EXCLUSIONS REQUESTS MUST FOLLOW 333 CMR 13.03; REQUESTS FOR EXCLUSIONS CANNOT BE SUBMITTED TO OUR OFFICE.

Submit your exclusion online

Exclusion Request Form  pdf format of Exclusion Request Form

Mail completed form to:

Juan Carlos Gutierrez

Department of Agricultural Resources

Suite 500

251 Causeway Street

Boston, MA 02114


Notice of Regulatory Changes (for Cities & Towns)

Letter sent to listed exclusions in April 2017


Approved Exclusion Marking Methods:

White plastic or aluminum pie plates, a minimum of 9 inches in diameter, with the words "No Spray" clearly written in permanent marker. Plates must be placed on trees, stakes, or poles easily visible from the street, at least every 50 feet along the property boundary adjacent to the road and no more than 5 feet from the road.


The process for a pesticide exclusion has been revised, the major changes are as follows:

1.     No deadline to file an exclusion can be done any time of year (deadline was before March 1)

2.     Exclusions must be recorded through the Mass. Dept. of Agricultural Resources (was through the City/Town Clerk)

3.     All exclusions expire on December 31 of the year filed (expiration was March 31)

4.     Effective date is 14 days after receipt of the exclusion by MDAR

5.     Exclusion will not be honored if it is not made in accordance with 333 CMR 13.03


Under 333 CMR 13.03 links to PDF file, an exclusion request may be made to opt out of wide area pesticide applications as defined in 333 CMR 13.01 Requests must be submitted to the Massachusetts Department of Agricultural Resources (MDAR) either via first class mail or through an online form (currently under development). 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 31 of the calendar year in which it was made.

Once a request is received by MDAR, it will then be transferred to the Mosquito Control Project that covers the region in which the property is located, if applicable. Properties to be exempted will be entered into a database designed to track excluded properties, which will be used by the Projects during wide-area applications. A list of requests may also be made available to city and town clerks upon request.

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:

Applications by Aircraft. The person requesting exclusion shall clearly mark boundaries or areas to be excluded using marking methods approved by the Department.

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.

Please be aware that this exclusion request process replaces the previous process by which requests were submitted to a city or town clerk by certified mail. If you have made a request in previous years and would like to continue to have your request recognized by a Project, please make sure to submit your request directly to MDAR using the methods identified at the link below.

Please check this link for the application forms and more information:

http://www.mass.gov/eea/agencies/agr/pesticides/mosquito/pesticide-application-exclusions.html

NSplate

Approved Exclusion Marking Methods:

White plastic or aluminum pie plates, a minimum of 9 inches in diameter, with the words "No Spray" clearly written in permanent marker. Plates must be placed on trees, stakes, or poles easily visible from the street, at least every 50 feet along the property boundary adjacent to the road and no more than 5 feet from the road.