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S.9

Introduced by   Senator Condos of Chittenden District and Senator Lyons of Chittenden District

Referred to Committee on

Date:

Subject:  Municipal government; regulatory powers; pesticide application

Statement of purpose:  This bill proposes to empower municipalities to regulate the application of pesticides within their borders by establishing requirements that may involve the advance posting of outdoor pesticide applications, other notification of pesticide applications, and the establishment of buffer zones around waters of the state, provided all municipal regulations are in compliance with and at least as stringent as state and federal laws.

AN ACT RELATING TO EMPOWERING MUNICIPALITIES TO REGULATE THE APPLICATION OF PESTICIDES WITHIN THEIR BORDERS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  24 V.S.A. § 2291 is amended to read:

§ 2291.  ENUMERATION OF POWERS

For the purpose of promoting the public health, safety, welfare, and convenience, a town, city, or incorporated village shall have the following powers:

* * *

(23)  To regulate the application of pesticides within their borders by establishing requirements that may involve the advance posting of outdoor pesticide applications, other notification of pesticide applications, and the establishment of buffer zones around waters of the state, provided all municipal regulations are in compliance with and at least as stringent as state and federal laws.  Regulations created by municipalities under this subsection shall not regulate the activities of existing mosquito districts created pursuant to 6 V.S.A. § 1082.  Regulations created by municipalities under this subdivision shall not regulate agricultural activities conducted consistent with accepted agricultural practices pursuant to 6 V.S.A. § 4810(a) and 10 V.S.A. § 1259(f), aquatic nuisance control activities conducted in compliance with a permit issued under 10 V.S.A. § 1263a, or vegetation control activities undertaken by railroads pursuant to 49 C.F.R. § 213.37.  In the case of the regulation of rights‑of‑way clearing and maintenance, aerial applications, bird and animal control, and golf courses, the development of posting and notification requirements and requirements related to buffers from the waters of the state shall be coordinated with the agency of agriculture, food and markets and shall be effective only if determined by the secretary of agriculture, food and markets to be not contradictory to the requirements of the agency.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us