Exemptions to the Pesticide Law
Exemptions on private property are limited to the following:
- for biting or stinging insects or plants;
- disease vectors;
- organisms that threaten the health of trees or shrubs;
- State noxious weeds (thistles, Johnsongrass, shattercane, kudzu);
- four invasive species adopted under this regulation by DEP (chameleon plant, Japanese knotweed, lesser celandine; wavyleaf basketgrass);
- indoor pests, if applied around or near the foundation;
- a pest outbreak that poses an imminent threat to human health or to prevent significant economic damage if a banned pesticide is not used. (See Reporting Requirements)
Reporting Requirements:
If a banned pesticide is applied for a pest outbreak that poses an imminent threat to human health or to prevent significant economic damage, the person applying the pesticide MUST:
- Within seven days after the pesticide is applied on private property, notify DEP of the application and reasons for the use of the pesticide.
Montgomery County Public Schools (MCPS) are a State agency. MCPS operates under a State integrated pest management plan (IPM). They restrict the use of pesticides as a last resort and require advance notification to school users. See more information on MCPS use of pesticides.
Additional requirements are imposed: Neonicitinoid pesticides are prohibited for use on all County-property, unless they are used to control pests while engaged in agriculture, or on County-owned property that the Parks department operates or manages for the County (see Parks IPM plan below).
Montgomery County Parks (M-NCPPC) are a State agency. M-NCPPC operates under an integrated pest management plan (IPM). Montgomery Parks manages all playgrounds, community gardens and common lawn areas within local parks without the use of pesticides. In 2016, Montgomery Parks designated ten pesticide-free parks. In September 2019, the program expanded to 45 pesticide-free parks. They post advance notification of pesticide applications on their website. See more information on M-NCPPC’s IPM plan.
Golf courses and agricultural operations are exempt.
The following jurisdictions in Montgomery County have not yet opted into the law:
- Laytonsville