ALL EXCLUSIONS REQUESTS MUST FOLLOW 333 CMR 13.03; REQUESTS FOR
EXCLUSIONS CANNOT BE SUBMITTED TO OUR OFFICE.
your exclusion online
Mail completed form to:
Juan Carlos Gutierrez
251 Causeway Street
from Pesticide Application FAQ
of Regulatory Changes (for Cities & Towns)
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.
process for a pesticide exclusion has been revised, the major changes are as
No deadline to file an exclusion – can be done any time
of year (deadline was before March 1)
Exclusions must be recorded through the Mass. Dept. of
Agricultural Resources (was through the City/Town Clerk)
All exclusions expire on December 31 of the year filed
(expiration was March 31)
Effective date is 14 days after receipt of the
exclusion by MDAR
Exclusion will not be honored if it is not made in
accordance with 333 CMR 13.03
Under 333 CMR 13.03 ,
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.
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
Applications by Aircraft. The person requesting exclusion shall clearly mark
boundaries or areas to be excluded using marking methods approved by the
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.
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:
Exclusion Marking Methods:
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.