Submit a Request for Exclusion:
All exclusions requests must follow 333 CMR 13.03; requests for exclusions cannot be submitted to our office.
- How to Request Exclusion from Wide Area Pesticides Application
- Submit your Exclusion Request Online
- Download Fillable Exclusion Request Form
- Notice of Amendment to 333 CMR 13.03, Requests for Exclusion from Wide-Area Pesticide Applications
- Exclusion Request Process Letter for Residents
- Frequently Asked Questions
Mail completed form to:
Juan Carlos Gutierrez
Department of Agricultural Resources, Suite 500
251 Causeway Street
Boston, MA 02114
You may request a list of all exclusion requests made within your city or town at any point during the year. Please direct all questions or requests for information related to the exclusion request process can be directed to Juan Carlos Gutierrez at (617) 626-1723.
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:
- No deadline to file an exclusion – can be done any time of year (prior deadline was before March 31).
- 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 (prior expiration was March 1).
- Effective date is 14 days after receipt of the exclusion by MDAR.
- Exclusion will not be valid 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. 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. 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 on this webpage.