The Neighbor Notification Law, Rule and Regulation
The Neighbor Notification Law, formally known as Chapter 285 of the Laws of 2000, added Sections 33-1004 and 33-1005 to the Environmental Conservation Law. These new sections add requirements for 48 hour notice to neighbors for certain commercial lawn applications, posting of visual notification markers for most residential lawn applications, providing notice to occupants of multiple dwellings and other occupied structures, and posting of an information sign by retailers who sell general use lawn pesticides. This law is further clarified in regulation 6 NYCRR Part 325 Section 41. (link leaves DEC)
The Neighbor Notification Law and regulation are only effective in a County, or in New York City, that has adopted a local law to "opt into" the Neighbor Notification Law in its entirety and without any changes. As of January 1, 2008, the following have "opted in": Albany, Erie, Monroe, Nassau, Rockland, Suffolk, Tompkins, Ulster, and Westchester Counties, and New York City. (One local law covers all five counties that comprise New York City.) NOTE: Over time, the foregoing list of local governments may not be all-inclusive, if additional local neighbor notification laws are enacted. Contact the involved local government, to confirm whether a neighbor notification law is in place.
If a commercial lawn applicator uses certain pesticides defined in the Neighbor Notification Law and regulations, the applicator is exempted from the requirement to provide 48 hour written notice to neighbors. The exempted pesticides include certain antimicrobial pesticides, certain pesticides that meet all of the requirements for minimum risk pesticides, and certain pesticides that meet the U.S. Environmental Protection Agency requirements for reduced risk pesticides or biopesticides.
Pesticide Applicators must remember that only pesticides registered by the New York State Department of Environmental Conservation may be used in New York State. A searchable list of such pesticides is available at the Pesticide Product Registration Program page on this web site.
For local governments that have adopted the Neighbor Notification Law, pursuant to 6 NYCRR Part 325.41(j) (link leaves DEC), the required reporting to the Department should be sent to: New York State Department of Environmental Conservation, Bureau of Pesticides Management, Compliance Section, 625 Broadway, Albany, New York 12233-7254, Attention: Neighbor Notification Law Local Government Reporting.
Written Notice for Multiple Family Dwellings
In 2010 Sections 33-1004 and 33-1005 of the Environmental Conservation Law were further amended to include the requirement that neighbor notification language be supplied to "...owners, owner's agents or other persons in positions of authority, for multiple family dwellings, [on] the property of which is the site of such application."
The requirements of the amendments, like the Neighbor Notification Law, Rule and Regulation described above, would be effective in a County, or city with a population of one million or more, that has adopted a local law to "opt into" the Neighbor Notification Law in its entirety and without any changes.