2020.01.27 Council Agenda Item 8

Summary

Re-introduction of an Ordinance for Pesticide and Fertilizer Regulations.

A public comment period will not be included with this item.

ACTION: Schedule a public hearing.

Description

At the December 9, 2019 Town Council meeting, the Ordinance Committee introduced an ordinance to require licensed commercial pesticide and fertilizer applicators to register annually with the Town before engaging in the application of pesticides and/or fertilizers, as well as provide summary reports of applications made in Falmouth for the past year. Additionally, the proposed ordinance prohibited the outdoor application of fertilizers between December 1 and March 31. At that meeting, the Falmouth Conservation Commission delivered a presentation outlining the impetus for pesticide and fertilizer regulation as well as the education campaign and ordinance development process. 

A Public Hearing on the proposed ordinance was held at the January 13, 2020 Council meeting during which commercial applicators expressed implementation concerns regarding the registration and reporting requirements. The Council directed the Ordinance Committee to consider revising the ordinance to reflect the feedback.

The Ordinance Committee revised the ordinance at its January 16, 2020 meeting (revised language attached). Key changes include the commercial applicator definition, the fertilizer application reporting requirements, and the registration and reporting exemptions. The revised ordinance is being re-introduced at this meeting. An introduction letter from Councilor Cahan, the Conservation Commission presentation, the original proposed ordinance language, and the revised proposed ordinance language are attached.  

*A resolution on the Town Council's commitment to monitor the use of fertilizers and pesticides from licensed applicators through ordinance and to delegate the Conservation Commission to lead an outreach campaign to educate Falmouth residents on the importance of proper, environmentally sound lawn care practices was presented at the December 9, 2019 meeting. The Town Council will consider the resolution at its March 9, 2020 meeting, which is the next possible date when the proposed ordinance amendment can be acted on by the Town Council. The Ordinance Committee is proposing that the resolution and ordinance be acted on at the same meeting.