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Town of Barnstable, MA
Barnstable County
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New Laws (7) Index
[HISTORY: Adopted by the Town of Barnstable Board of Health 7-6-1982, effective 4-24-1985 (Part IV of the 1991 Codification as updated through 6-1-1996). Amendments noted where applicable.]
The extensive use of herbicides presents a potential public health hazard that includes a risk of ground- and surface water contamination.
As used in this chapter, the following terms shall have the meanings indicated:
HERBICIDE
Any substance or mixture of substances intended for use as a plant regulator, defoliant, or dessicant.
The use of herbicides is prohibited along easements, rights-of-way, railroads, power lines, or similar uses, within the Town borders, unless the Board of Health approves a written application for such use in accordance with the provisions of § 332-4 hereof.
All applicants desiring to use said herbicides must submit to the Board of Health an application for the approval of such uses. A map of the area shall be included with the application showing distances to private and public wells, wetlands, watercourses, dwellings, and property lines within 400 feet of the area proposed for herbicide treatment.
A. 
The spraying of herbicides is prohibited within 400 feet of public or private wells.
B. 
The spraying of herbicides is prohibited within 100 feet of any wetlands, streams, ponds, brooks or any other watercourse.
C. 
The spraying of herbicides is prohibited within 300 feet of any dwelling, barn, or similar structure, and cultivated land.
D. 
There shall be no spraying of herbicides if the wind velocity exceeds five knots as measured on site by an anemometer, or other approved wind-testing device. The applicator will test the wind velocity every hour while spraying.
E. 
Easily visible warning signs will be posted every 200 feet along the sprayed area. These signs shall not be removed for a minimum of five days.
F. 
The use of any vehicle engaged in the dispensing of pesticides (including herbicides, insecticides and fungicides) for obtaining water from any watercourse as defined by 310 CMR 15.00, Title 5, State Environmental Code, or the flushing of any pesticide residue or the cleaning of any vehicles by the use of any watercourse is hereby prohibited.