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Neighbor Notification Law Highlights for Homeowners

Beginning March 1, 2001 Albany County passed a law requiring notification when commercial and residential lawn pesticides are used. The following are highlights that will help explain the new law as it relates to homeowners and what people need to do to comply with the law.

• A residential application is any application of "over the counter" pesticides to outdoor property owned, leased or rented by the individual who applies pesticides to any of the following:
  • ground/lawn
  • trees
  • shrubs
  • flowers
• Pesticides include common lawn fertilizers (liquids or granules) which contain pesticides to control weeds, grubs, and other common insects
• The following pesticide applications are not considered residential lawn application:
  • the application of pesticide for the purpose of producing an agricultural commodity (vegetables or fruits)
  • application of pesticides around or near the foundation of a building for the purpose of indoor pest control (ants, earwigs, etc.)
• A homeowner who makes a lawn applications of more than 100 square feet to property they own, lease or rent, must post visual notification markers around the perimeter of the application site.
• The requirements for posting visual notification markers (signs):
  • markers need to be placed every 50 feet along the perimeter of the area where pesticides are to be applied
  • markers do not need to be placed in any area which is rendered impassable by a fence, wall hedge or similar barrier
  • every treated area of over 100 square feet must be marked by at least 2 notification markers
  • markers must be posted on the day of the lawn application and must be in place before pesticides are applied
  • markers must be clearly visible to persons immediately outside the perimeter of the property
  • markers must be at least 4 inches by 5 inches in size
  • the top of the marker must be at least 12 inches above the ground
  • text on the markers must be in contrasting colors to the background
  • letters need to be at least three-eighths of an inch in height
• Markers must include the following information on them:
  • the phrase "PESTICIDE APPLICATION," PESTICIDE TREATMENT," or "PESTICIDES APPLIED"
  • the date and time of the application
  • instructions not to enter the treated property or remove the markers for 24 hours following the application
• Markers can be home-made as long as they comply with above requirements. They may be available at some local retail stores. You can also download a lawn marker [.pdf, 12 Kb] to print and use. (You will need the free Adobe Acrobat Reader to open the printable marker.)
• You have no obligation under this law if the application is made by a commercial applicator. However, the commercial applicator is required to comply with specific laws.
• Penalties for violation of the residential lawn application requirements include:
  • a written warning and educational materials for the first violation;
  • a $100 fine for the second violation; and,
  • a $250 fine for the third and subsequent violations

These penalties may be levied only after a hearing or opportunity to be heard.

REMEMBER

Visual notification markers must be at least 4 inches by 5 inches
The top of the marker must be at least 12 inches above the ground