80-8-120. Local pesticide regulation. (1) A unit of local government may adopt an ordinance to regulate pesticide application that may include notification, provided that the ordinance is fully consistent with the authorities provided for in Title 80, chapter 8, and rules adopted under Title 80, chapter 8. The department shall develop a policy for the review and approval of local pesticide ordinances. A unit of local government shall submit a proposed ordinance to the department for verification that the proposed ordinance is consistent with the authorities provided for in Title 80, chapter 8. The ordinance may not be adopted until it has been approved by the department.
     (2) A unit of local government may petition the department in writing to adopt rules to address specific local conditions, as provided in 80-8-105(3)(a). The petition must document:
     (a) the need for a rule, including the reason that existing rules do not address the particular pesticide application;
     (b) the need for specific local rules; and
     (c) that a situation exists that threatens or is likely to threaten public health or environmental quality in the jurisdiction of the unit of local government.
     (3) Local rules may be administered, enforced, and financed by a unit of local government:
     (a) through a cooperative agreement with the department as provided under this section; or
     (b) after the department adopts rules authorizing a unit of local government to administer, enforce, and finance an ordinance.
     (4) Within 30 days of receiving the petition, the department shall respond to the unit of local government, stating:
     (a) whether the petition conforms to the purpose of Title 80, chapter 15, and to the provisions of this section; and
     (b) the procedures and time period for the promulgation of rules by the department, provided that the petition conforms to the purpose of Title 80, chapter 15, and to the provisions of this section.
     (5) The department may enter into a cooperative agreement with a unit of local government for the administration and enforcement of local rules adopted under 80-8-105(3)(a).
     (6) Except as provided in subsection (1), a local government ordinance may not regulate or prohibit the registration, labeling, distribution, use, or sale of pesticides. It is not the intent of this subsection to prevent local responsibilities for zoning, fire codes, or disposal of pesticides pursuant to Title 75, chapter 10, part 4.
     (7) The department shall maintain and, upon request, distribute a register of ordinances adopted by local governing bodies pursuant to subsection (1).

     History: En. Sec. 10, Ch. 465, L. 1993.