Roseville Public Works, Environment and Transportation

Transcription

Roseville Public Works, Environment and
Transportation Commission
Meeting Agenda
Tuesday, April 25, 2006, at 6:30 p.m.
City Council Chambers, 2660 Civic Center Drive
Roseville, Minnesota 55113
Introductions/Roll Call
Public Comments
Approval of March 28,2006, Meeting Minutes
Communication Items
Erosion Control Ordinance (Revised)
Citywide Traffic Model Discussion
Neighborhood Traffic Policy
HerbicideIPesticide Policy Discussion
May Agenda
Adjournment
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Agenda Item
Date: April 25,2006
Item No: 3
Item Description: Approval of the Public Works Commission Minutes March 28,2006
Attached are the minutes from the March 28,2006, meeting.
Recommended Action:
Motion approving the minutes of March 28,2006, subject to any necessary corrections or
revision.
Move:
Second:
Ayes:
Nays:
Roseville Public Works, Environment
and Transportation Commission
Meeting Minutes
Tuesday, March 28, 2006, at 6:30 p.m.
City Council Chambers, 2660 Civic Center Drive
Roseville, Minnesota 55113
1. IntroductionsIRoll Call
Commission members present: Randy Neprash, Joel Fischer, and Doug
Wilke
Commission members absent: Ernie Willenbring and Dan Shiely
Staff present: Duane Schwartz, Public Works Director; Deb Bloom, City
Engineer; Pat Dolan, Maintenance and Fleet Supervisor; Jill Anfang,
Parks and Recreation Department; Dennis Welsch, Community
Development Director
Others present: none
2. Public Comments
None
3. Approval of February meeting minutes
Member Fischer moved to approve the minutes of February 28,2006, of
the Public Works, Environment and Transportation Commission. Member
Neprash seconded.
3
Ayes:
Nays:
0
Motion carried
4. Communication Items
An invitation from the City Council for town hall meetings was presented.
Bid information was presented from two street projects being done this
year in the city. Member Fischer asked if the bid amounts were about
Page 1 of 4
what staff was looking for. Duane Schwartz said the figure was slightly
over on the S Owasso Project and significantly under on the Roselawn
Project
6. Walkable Communities Project
Item out of order
Jill Anfang from the Parks and Recreation Department presented
information on Active Living Ramsey County, a program of which is
Walkable Communities Workshop. The program promotes changes in
communities to make them more pedestrian friendly. There is a workshop
on May 8 at the Harriet Alexander Nature Center.
Chair Wilke asked about County Road B2 residents and how they might
feel about this since they were against having a pathway on their street.
Anfang said that all B2 residents were sent invitations to the workshop and
that the timing was just a coincidence. Deb Bloom said there was no
underlying motive for this workshop and that no pathway construction is
being considered at this time.
Member Neprash said an issue that should be addressed is when a pathway
meets a commercial area there isn't always a good transition. Anfang said
that could be brought up and discussed at the workshop.
5. NPDES Annual Storm Water Meeting
Item out of order
Pat Dolan, Maintenance and Fleet Supervisor, presented the 2005 storm
water report.
Chair Wilke asked for public comments. There were none.
7. Comprehensive Plan Update (Overview)
Dennis Welsch, Community Development Director, updated the
Commission on what was currently happening with the Comprehensive
Plan. The Commission may want to have some input on the sections of
the plan relating to Public Works and Engineering.
Chair Wilke asked about the transportation issue and that it would be a
foggy issue because of dealing with the county and MdDOT. Welsch
said some of it is foggy but using a traffic model is a good way to see the
impacts we have on ourselves and on others.
Member Neprash asked to hear more about public participation. Welsch
expanded on that.
Page 2 of 4
Member Neprash asked what the timeframe was for completion of the
plan. Duane Schwartz said the schedule would be for the Commission to
focus on various sections of the plan throughout the year.
8. County Road C Streetscape Process Discussion
Deb Bloom updated the Commission on the public hearing held the
previous night at the City Council Meeting and on different aspects of the
project and then requested input from Commission members.
Chair Wilke suggested talking with White Bear Township about
maintenance issues on their streetscape project so that we can learn from
their mistakes.
Duane Schwartz suggested that the Commission could take a driving tour
of the streetscape project, as well as tour streetscapes in other cities.
Member Neprash said the section of Rosegate that goes under Highway 35
would be a nice section to add to the streetscape. Bloom said that area had
been considered as part of the B-2 Pathway Project.
9. Traffic Safety Committee Ordinance
Duane Schwartz went through the history of this ordinance. The City
Council has referred the ordinance to the Commission for their input.
Schwartz said his understanding from the Council meeting was that
Councilmembers were mostly concerned with regulatory signage, such as
parking.
Member Neprash said that even if the Council designated this authority,
they still could step in whenever they saw fit. Bloom said that the
majority of the parking requests have gone before the Council because of
the citywide impact. Schwartz said signage to direct traffic flow generally
ends up before the Council as well.
Schwartz showed Commission members the Minnesota Department of
Transportation manual that lists guidelines for all sign placement in the
state. Chair Wilke questioned whether that was the only source for
determining whether a sign is place or not. Schwartz said they would also
do an engineering study to detennine if the sign was warranted. Schwartz
said that at the Council meeting the City Attorney stated it was better to
have signage placed based on the professional opinions of engineers, the
state manual, etc., rather than on a citizen body reacting and making a
political decision.
Member Neprash said he would think the Council designates a number of
authorities to staff. Chair Wilke said if the Council has designated
Page 3 of 4
authority to the Traffic Safety Committee, it didn't make sense to have to
go back to the Council for approval.
Member Fischer asked if there was ever a situation where someone
requested a stop sign and the committee felt it wasn't warranted and does
the person requesting the sign then have an opportunity to go before the
Council to request the sign. Bloom said residents always have the
opportunity to go before the Council.
Schwartz said staff has checked with other cities to see how they handle
this situation and there isn't any standard. Some do it the way Roseville
has been, others send everything back to Council to be approved.
Member Neprash said he thought it was reasonable and professional to
have these matters handled at the staff level and that should be the
Commission's recommendation to the Council.
Chair Wilke said his understanding was that the Council was thinking of
having the Public Works Commission make the decisions regarding
signage but said he agreed with Member Neprash that it should be handled
at the staff level. Member Fischer agreed as well.
[Member Neprash moved to recommend to Council that the ordinance
should remain as is, leaving the authority with the Traffic Safety
Committee.] Chair Wilke seconded.
Ayes: 3
Nays: 0
Motion carried
Member Neprash wanted to restate that they are not addressing the legal
and liability questions.
10. April Agenda
Erosion Control Ordinance
Neighborhood Traffic Policy
Lexington Avenue Bridge Reconstruction
Member Neprash said he would like to start a discussion on pesticides and
lawn chemicals and how City Code regulates them.
11. Adjournment
Page 4 of 4
Agenda Item
Date: April 25, 2006
ItemNo: 4
Item Description: Communication Items
Ramsey County FEMA map update
County Road B and Cleveland intersection Improvements
Birch Park Public Improvement Contract
2006 City of Roseville Construction Project Updates
Recommended Action:
None
Agenda Item
Date: April 25,2006
Item No: 5
Item Description: Erosion & Sediment Control (ESC) Ordinance (Revised)
In February, staff brought an initial draft of the ESC ordinance to the PWETC for discussion and
review. At this time, staff has made the suggested revisions and is presenting the final draft for
your consideration. We have reviewed this final draft of the ESC ordinance with the City
Attorney, and are working with other departments on their concerns as well.
After our meetings with the Attorney and Community Development, it has been determined that
an escrow will be needed as part of the permit enforcement. The escrow amount will be set by
the City Council annually. The amount will be based on the area to be disturbed.
Recommended Action:
Discuss the attached revised ordinance and make recommendation to the City Council for
approval.
EROSION AND SEDIMENTATION CONTROL ORDINANCE
Purpose
The purpose of this article is to control or eliminate soil erosion and sedimentation resulting from
construction activity within the City. This article establishes standards and specifications for
conservation practices and planning activities that minimize soil erosion and sedimentation.
Scope
Except as exempted by the definition of the term "land disturb
any person, state agency, or political subdivision thereof pro
within the City shall apply to the City for the approval
No land shall be disturbed until the plan is approved b
set forth in this article.
ity" in Section p:
disturbance activity
iment control plan.
to the standards
Definitions
The following words, terms and phr
ascribed to them in this section, exce
, shall have the meanings
indicates a different meaning:
I
I
scribed in, but not limited to,
the following manu
"Protecting Water Qualify in Urban
ears away the surface of the land by the action of water, wind,
ccelerated by the activities of man and nature.
Erosion and sedim
t h a t , when im
site sediment damages.
plan means a document containing the requirements of Section
ted, will prevent or minimize soil erosion on a parcel of land and off-
Erosion and sediment control practice speciJications and erosion and sediment control practices
mean the management procedures, techniques, and methods to control soil erosion and
sedimentation as officially adopted by the district.
I
Land disturbance activity means land change~reaterthan 10,000 scluare feet that may result in
soil erosion from water or wind and the movement of sediments into or upon waters or lands of
the county, including clearing, grading, excavating, transporting and filling of land. Land
disturbance activity does not mean the following:
1)
Minor land disturbance activities such as home gardens and an individual's home
landscaping, repairs, and maintenance work.
minimum of 10,000 square feet of land disturbance ca
silvicultural crops.
if the land disturbing activity would ha
stabilized in accordance with the req
the district when applicable.
is being transported or has
s been deposited at another
location.
Sedimentation me
been caused by ero
I
1
for a building permit, a subdivision
activities must submit an erosion and
allow land disturbing activities shall be issued and no earth
Projects coordinated by Ralnsey County or M I ~ D O T
do not require a permit:
however, the City must be notified of the project and be provided a copy of the
erosion and sediment control plan, as well as an estimated schedule for
colnmencement and completion. The Citv will notify the designated contact if
erosion control measures should fail or require maintenance with the expectation that
the deficiencies will be conected.
If no permit has been obtained, a stop work order shall be issued on the construction
and a fine shall be issued in an amount equal to twice the required permit fee. A
completed erosion and sediment control plan and pei-mit application shall be
submitted before construction will be allowed to resume.
Every -Pelmittee
must also obtain, when applicable, permits from
agencies including, but not limited to, the following:
a. Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge
activity disturbing:
One acre or more of soil.
shall address the
'es and other designated areas
Restabilize utility construction areas as soon as possible
tm.
Protect paved roads from sediment and mud brought in from access routes
en.
~;o.Disposeof temporary erosion and sediment control measures
=Maintain all temporary and permanent erosion and sediment control practices
=Removal of sediment from streets at the end of each day
3)
Contents ofplan. The erosion and sediment control plan shall include the following:
Contact information for the -Pernittee
Project description: the nature and purpose of the land disturbing activity and
the amount of grading involved
Phasing of construction: the nature and purpose of the land disturbing activity
and the amount of grading, utilities, and building construction
Existing and proposed site conditions: existing and proposed topography,
vegetation, and drainage
Adjacent areas, neighboring streams, lakes, wetlands, residential areas, roads,
etc., which might be affect
Soils: soil names, mappin
tial for serious erosion
Critical erosion areas: areas on the site tha
problems
to control erosion
Erosion and sediment con
and sedimentation on the site, both
Temporary and Permanent sta
and after construction (is co
Storm water management
methods to be used if the
runoff
s and repair of erosion and
Maintenance: sched
sediment control str
such items as sediment
Calculations: any that
basins, diversions, wat
ractices
Review of Plan
eer to review the erosion and sediment
City of Roseville Erosion and Sediment
I
4)
I
I
the erosion and sediment control plan
is article, the City shall issue a permit, valid for a
uthorizes the land disturbance activity contingent on the
n and sediment control plan.
ermines that the erosion and sediment control plan does not
s of this article, the City shall not issue a permit for the land
. The erosion and sediment control plan must be resubmitted for
egins. &&land
use and building
he dwekpeperrnittee has an approved
erosion and sediment control plan.
Permit suspension. If the City determines that the approved plan is not being
implemented according to the schedule or the control measures are not being properly
maintained, all land use and building permits must be suspended and stop work order
w u n t i l the &webpeperrnittee has fully implemented and maintained the control
measures identified in the approved erosion and sediment control plan.
Implementation and Maintenance of Plan
I
All stormwater pollution controls noted on the approved erosion and sediment control plan shall
be installed before commencing the land disturbing activity, and shall not be removed without
City approval or approval of a Certificate of Completion. Noncompliance with the grading and
erosion control plan shall constitute grounds for an order kmsfrolll the City to halt all
construction.
The plan implementation shall incorporate the following:
Existing vegetation shall be retained whenever
1)
Land shall be disturbed i
2)
and sediment control can
that the area is
not exposed for long peri
The location of areas not
3)
silt fence, etc. before construction b
4)
Down-gradient sediment controls mu
activity begins.
Black zip ties shall be use
5)
All storm drains and inlets
6)
are stabilized.
7)
Temporary stockpiles must h
1and can not be placed in
surface waters or storm water c
Vehicle tracking from the site s
the use of stone pads, concrete
8)
or steel wash racks. or eauivalent
not adequate to prevent sediment from
management vractices and wit
I
e for proper operation and maintenance of all
asures in conformance with best
intenance reauirements in the NPDES General
until another -Permittee
has assu&d control over all areas of the site that have
not been finallv stabilized or the site has undergone final stabilization. and has received an
sediment control.
Modification of Plan
An approved erosion and sediment control plan may be modified on submission of an application
for modification to the City and subsequent approval by the City Engineer. In reviewing such
application, the City Engineer may require additional reports and data.
Escrow Requirement
/
After approval of an erosion and sediment control plan, the City shall require the -Pennittee
to escrow a sum of money sufficient to ensure the installation, completion, and maintenance of
the erosion and sediment control plan and practices. Escrow amounts shall be +set from time to
time by the City Council. Upon project completion, the remaining escrow shall he returned to
the -Pennittee.
I
I
-Erosion
and Sediment Control
The City shall notify the &depe+Pern~ittee when t
securities part of this ordinance.
1)
2)
's going t
Notification by the City. The initial
'11 be to a party or p
d on the
ntrol plan. Forty-e
ours after
application and/or the storm water p
urs after the failure of erosion control
notification hv the Citv or seventv-two (
measures, whichever is less, the City, at it
may begin corrective work
Erosion Off-Site. If erosion breaches the peri
the site, the
cleanup and restoration
owner(s), and implement
ours of obtaining the
d charge the cost to the
strategies, cleanup and repair must be immediate and
-Permittee.
The
shall also pay all costs associated with traffic control and
a. Withhold the scheduling of inspections and/or the issuance of a Certificate of
Occupancy.
City's jurisdiction.
c. Direct the correction of the deficiency by City forces or by a separate contract.
The issuance of a permit constitutes a right-of-entry for the City or its contractor
to enter upon the construction site for the purpose of correcting deficiencies in
erosion control.
d. All costs incurred by the City in correcting erosion and sediment control
deficiencies shall be reimbursed by the -Permittee.
If payment I
is
not
made
within
thirty
(30)
days
after
costs
are
incurred
by
the
City,
payment
will be made from the -Permittee's
financial securities, as
described in Section
of this Ordinance.
e. If there is an insufficient financial amount in the -Permittee's
financial securities as described in Section
t the benefit to the
virtue of Minnesota Statues 429.081 to
assessment.
Agenda Item
Date: April 25, 2006
Item No: 6
Item Description: Discussion of City-wide Traffic Model
As a part of the 2006 budget process, staff requested funding for a city-wide traffic model. This
would he a useful tool in identifying the impacts of redevelopment and normal growth in our
transportation system. As funding for transportation improvements becomes more difficult to
secure and is competitive in nature due to shortfalls at other jurisdictional levels, it becomes
more apparent that having well defined and identified project needs is imperative.
The modeling we are proposing would be consistent with regional traffic models utilizing this
information in a macro sense and would analyze local data to create micro model information for
the higher volun~eareas of our local transportation network. We would propose to fund this
work through traffic analysis fees assessed to new development and redevelopment.
Currently, the City requires developers to provide traffic analysis on a project-by-project basis to
identify any necessary mitigation needs. In this piecemeal approach, little is understood about
impacts outside of the immediate development project. These impacts aggregate over time until
project areas develop. Due to difficulty mentioned earlier in securing funding for improvements,
it can be years before solutions are implemented.
We will discuss this concept further with the Commission and will present additional details
about this type of engineering software. We will also discuss staff recommendations to ask the
Council for authorization to request proposals from qualified consultants.
Recommended Action:
Recommendation to proceed to develop the city-wide traffic model concept through request for
proposals.
Agenda Item
Date: April 25,2006
Item No: 7
Item Description: Neighborhood Traffic Management Policy
One of the most frequent items brought to staff by residents are concerns regarding neighborhood traffic.
These can include traffic impacts in residential neighborhoods like speeding, non-neighborhood traftic
using local streets, and motorists not being observant of the rights and safety of pedestrians. Issues
related to driver behavior in school zones, such as not slowing down in school zones or parent dropoffl
pick-up safety issues, are also brought to City staff.
These issues are not unique to the City of Roseville. Many cities around the country are addressing
similar concerns through the development of a Neighborhood Traffic Management Policy (NTMP).
These NTMPs establish process and guidelines for the city to follow in response to concerns about traffic
The NTMP could also address how the city will prioritize requests for assistance that involving
construction of physical improvements such as speed tables, traffic circles or raised medians. For your
reference, we have attached the NTMP for the City of Blaine.
With a NTMP, the Public Works Department will be able to work with residents to assess the significance
of traffic problems in their neighborhoods and try to identify solutions that are appropriate to the problem
that exists. It would allow staff to fairly and uniformly address traffic issues. Some potential outcomes
of a NTMP:
1. Improve neighborhood livability by mitigating the impact of vehicular traffic on residential
neighborhoods;
2. Reduce the need for traffic safety enforcement in residential areas;
3. Promote safe conditions for motorists. bicvclists and oedestrians on neighborhood streets:
4. Encourage citizen involvement and effort in neighborhood traffic management activities;
5. Making efficient use of city resources by prioritizing- the investment of uublic dollars available for
neighborhood trafficmanagemen< '
6. Effectively address the dual and sometimes conflicting public safety interests of calming neighborhood
traffic while maintaining adequate emergency response access and reasonable routing for service
vehicles such as school buses;
7. Minimize the diversion of traffic to other local streets when implementing traffic management
improvements in neighborhood areas.
,
.
-
Recommended Action:
Discuss the merits of pursuing a Neighborhood Traffic Management Policy.
Neighborhood Traffic
Management Program
City of Blaine, Minnesota
June 2005
Prepared by:
HfLL
Blaine Neighborhood Traffic Management Program
1.0 Introduction
Increasing traffic volumes and higher speeds have become important issues throughout the
metro area and are having an increasing impact on residential streets in the City of Blaine. The
City of Blaine is continually striving to strengthen and protect its neighborhoods by improving
the quality of life in residential areas. A goal of the Blaine Transportation Plan is for the
transportation system to address community issues and concerns while maintaining and
enhancing neighborhoods, providing connectivity, and the sense of community cohesion.
Discussion with traffic engineers in cities with established traffic management programs
provided insight into the need for a formal process. An established traffic management process:
Allows the city to better respond to residents,
Provides the opportunity for better understanding of the issues, and
Allows consistent application across the community.
Therefore, for residents to obtain consideration for any given traffic control measures on either
street or larger neighborhood area they are required to follow a process. The process will ensure
that neighborhoods with demonstrated traffic issues and community support for traffic
management have equal access to the neighborhood traffic process. The Neighborhood Traffic
Management Program depends upon citizen involvement and may vary from year to year
based upon citizen participation and available funding.
1.1
Purpose
This document was developed to guide city staff and inform residents about the processes and
procedures for implementing traffic management strategies on local residentialsfreefs to
address traffic concerns such as excessive volumes and vehicle speeds, high volumes of nonlocal through traffic, and vehicle crashes in neighborhoods. The document includes a summary
of the City of Blaine's Policies for the Traffic Management Program, background on the history
of traffic management, the City of Blaine's process for implementing strategies, and a toolbox of
common traffic management measures.
2.0 Policies
The following policies are established as part of the Neighborhood Traffic Management
Program for neighborhood streets:
-
Compatibility with transportation goals in City of Blaine Transportation Plan.
Implementation limited to local streets (no arterials or collectors) as identified in the Blaine
Transportation Plan.
-
Implementation of strategies will be funded by a combination of city funds and
neighborhood participation.
-
Trucks are allowed on all City streets unless otherwise posted (by State law trucks must be
allowed on all State-Aided roadways.)
-
The program intends to take a system-wide approach when addressing a neighborhood
traffic problem. For each project, city staff will determine a logical project boundary that will
APRIL 2005
CITY OF BLAINE NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN
-
-
be necessary for the approval process and will help address the issue of
displacement/diversion to other local streets.
Implementation strategies will be limited to those local streets where the 85% speed exceeds
5 mph above the posted speed limit.
Implementation of traffic management strategies will be in accordance with the procedures
set forth in this document, and in keeping with sound engineering practices, as well as be
within the city's available financial and staff resources.
Implementation of any devices will be consistent with the guidelines in the Minnesota
Manual on Uniform Traffic Control Devices.
Initial deployments are considered experimental and subject to an interim review by City
staff prior to permanent installation.
3.0 Traffic Management Background
The United States has used street closures and traffic diverters dating back to the late 1940s and
early 1950s, but it was not until the 1970s that Seattle, Washington completed area-wide
demonstrations of traffic management strategies. Since then, traffic management has been
continually studied and implemented throughout the United States. Strategies include street
closures, traffic diverters, speed humps/bumps, signing, increased enforcement and many
others, but they all are implemented to accomplish one of the following:
- Modify driver behavior (reduce speed)
-
Modify traffic characteristics (reduce volume)
Improve safety (pedestrian and bicyclists)
Traffic management can be simplified as a two step process: (1)identify the nature and extent of
traffic-related problems on a given street or area and (2) select and implement the proper
strategy for reducing the identified problem. The traffic management strategies discussed in
this document are solutions to a narrowly defined set of problems and are not universally
applicable or effective at solving all problems. The wrong traffic management strategy used in
the wrong application will not improve conditions - it will only increase City costs and may
even make conditions worse.
-
Since not all strategies are appropriate for every problem the City has developed a process to
identify the appropriate solutions. The process includes identifying the problem, evaluating
potential strategies, and implementing appropriate measures while including public
participation and governmental approval. This process is summarized in Section 4.
The process and strategies included in this document are intended to be used on streets
classified as local residential streets to reduce speeds and volumes. (Streets within the City of
Blaine are classified based on definitions from the Metropolitan Council defined in Appendix C
of the Blaine Transportation Plan. The current Road Classification Map, Figure 4.10 from the
Blaine Transportation Plan, identifies street classifications within the City of Blaine - see
Appendix D.) By definition arterials and collector roadways are intended to have higher speeds
and accommodate higher volumes; therefore it would be against the function of arterials or
collectors to implement traffic management strategies. These roadways are intended to operate
efficiently with high volumes and speed. When arterials and collectors are operating efficiently
they provide the necessary mobility for the traveling public and prevent the need to divert to
the residential street network.
APRIL 2005
4.0 Procedure Summary
A flow chart, Exhibitl, provides a summary of the procedures for implementing a traffic
management strategy on a residential street. The process includes the following steps:
Step 1 - Identify Candidate StreetsjNeighborhoods
First residents must identify candidate streets for traffic improvement and submit a written
request to the City Engineering Department. Any requests for project proposals require a
written application with 25% of project neighborhood signing the application. AppendiUA
provides a sample request form.
Step 2 - Preliminary Screening and Evaluation
The City Engineering Department will review requests and determine whether they can be
handled as part of the normal traffic engineering process or police enforcement function of the
City or if they qualify for consideration under the Neighborhood Traffic Management Program.
Step 3 -Data Collection and Traffic Study
If it is determined that the request falls under the Neighborhood Traffic Management Program
the City will undertake an engineering study of the street(s) or neighborhood including
gathering relevant data of the proposed street.
Step 4 - Develop/Evaluate Traffic Management Strategies
Based on the traffic study and input from other departments, the City Engineering Department
will make a preliminary determination of the need for traffic management measures and make
recommendations as to which measures would be appropriate.
Step 5 - Conduct Neighborhood Meeting and Petition
A neighborhood meeting will be held, or a summary letter will be sent, to present the
conclusions of the traffic study and discuss appropriate next steps in the process. At this time a
petition will be sent out to determine neighborhood support for the recommended traffic
management strategy and to receive input from affected residents.
Step 6 -Traffic Management Strategy Approval
The recommended strategy will not be implemented without the support of 65% of the project
neighborhood and 50% of any affected neighborhood. In addition to neighborhood approval,
the City Council must also approve the implementation of the traffic management strategy.
Step 7 - Implement Temporary Measures and Monitor
If measures are approved it may be possible to implement first a temporary measure. If a
temporary measure is used, it will be monitored for 3 months to determine its effectiveness.
Step 8 -Approve Permanent Measures
Results from the monitoring of the temporary measure will determine if the strategy will be
made permanent by approval from the City Council. If the temporary measure is not effective
the Engineering Department will revisit the analysis and development of strategies (Steps 3 and
4) or choose to not continue the process.
Step 9 -Monitoring
Once a traffic management strategy has been implemented the City will continue to conduct
periodic monitoring of the site to collect data for future implementation of strategies and to
document the effectiveness of existing measures. This program and the associated Toolbox may
be amended at any time by the City Council.
Appeals - Decisions of staff can be appealed to the City Council. The appeals process will
follow established City procedures.
Removal - Existing traffic management measures and/or measures installed under the
Program may be requested to be removed. The request for removal of a project will be
processed generally using the same procedures as outline in this program requiring written
request and appropriate neighborhood approval.
APRIL 2005
5.0 Procedural Details
Step 1 - Identify Candidate StreetsINeighborhoods
Residents may identify candidate streets or areas for traffic improvements. Some request may
be handled by phone or verbally from residents to City Staff, which could result in increased
police enforcement or placement of the City's speed display trailer. Any requests for permanent
traffic management strategies require a written application with 25% of the project
neighborhood signing the application. AppendivA provides a sample petition and request
letter.
It should be noted that it is the policy of the City that only residential streets are to be
considered for implementation of traffic management strategies set forth in this document.
Application of these strategies on collector or arterial streets is excluded and not included in this
process.
Step 2 -Preliminary Screening and Evaluation
The City Traffic Engineer will review requests to determine whether or not they should be
handled as part of normal traffic engineering procedures or police enforcement of the City, or if
they qualify for consideration under the Neighborhood Traffic Management Program. Some
requests may be able to be handled within the current traffic engineering procedures such as
planned infrastructure improvements or reconstructions. In addition, common requests for
increased traffic enforcement, participation in a neighborhood speed watch program, and
placement of the variable speed display trailer are commonly handled by the Police Department
and will be forwarded to the appropriate staff.
Review of requests will consist of comparing the identified street characteristics with the
following initial criteria:
The street in question must be classified as a Local (residential) street in the City of Blaine
Transportation Plan (see Figure 4.10 from Blaine Transportation Plan in Appendix D).
The requests must be related to speeding, excessive traffic volumes, crashes, cut-through
traffic, truck traffic or other related impacts on a residential street.
If it is determined that the request falls under the function of this plan, then Step 3 will be
initiated. If not, the request shall be followed up as appropriate by the City Traffic Engineer as
part of the Departments normal function, including coordination with Police, Fire, and Public
Works Departments as needed.
Step 3 - Data Collection and Traffic Study
If it is determined that the request falls under the guidelines of the management program, the
City Traffic Engineer will conduct an engineering study of the street(s) or neighborhood. The
study will include the following actions:
Define Project Area / Impacted Area
The definition of the project area and impacted areas sets up the project boundaries and will be
used to determine neighborhood support during the petition process and for the assessment
process if a strategy is implemented.
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Data Collection
Traffic data collection will include (as appropriate based on identified problem) one or more of
the following:
Traffic volume counts (24 hour counts in 15 minute increments, truck volume counts)
Pedestrian counts
Radar or machine-based speed surveys (85" percentile, median, average, 10 mile per hour
pace)
Cut-through traffic estimates (based on license plate surveys, or other video techniques)
Crash information (three years recommended)
Roadway Geometry (sight distance, lane configuration, etc.)
Land Use Mix (density of residential and presence of sidewalks, pedestrian generators such
as schools, parks, bus routes, unique features)
Evaluation of Traffic Data
From the data collected the traffic problems associated with the neighborhood street can be
documented. The documentation will be valuable in the development of possible traffic
management strategies.
From the data collected the City will also be able to rank the potential projects for further study.
Table1 provides the ranking criteria. This ranking will be beneficial if the number of request
submitted is beyond the fiscal and staffing ability of the city. By ranking requests based on the
criteria set forth in Tablei, the city can prioritize the projects to focus funding accordingly.
TABLE 1
Ranking of Traffic Management Requests
85Ih percentile speeds 5 mph over posted speed limit
Yes -continue
No - no trafficmanagement strategy implemented
None +O
All of 1 side +I00
All of 2 sides +ZOO
None +O
All of 1 side +50
All of 2 sides +I00
20 per crash; maximum of 200 points
Public school yard, playlot, playground development
adjacent to benefited area (0 to 200 points)
Residential development adjacent to benefited area (0 to
points)
100
Number of reported correctable crashes based on last 5
vears of available data (0 to 200 Doints)
Sidewalk adjacent to project area (0 to 100 points)
Percent of potential assessment properties supporting
project by petition (180 to 300 points)
Average residential density adjacent to project area (0 to
50 points)
Step 4
-
None +I00
All of 1 side +50
All of 2 sides +O
3 points per percent; maximum 300 points
/
0 dwelling
units per 100 lin. ff. = 0 points
5+ dwellings units per adjacent 100 lin. ft. = 50 points
Develop/Evaluate Traffic Management Strategies
Using the data collected during the development of the traffic study and applying
...
- recognized
traffic engineering standards, the City ~ n ~ i n e e r i nDepartment
g
wiil recommend the use of one
or more neighborhood traffic management strategies. A "toolbox" of strategies is included in
Section 6.0of this plan. While it is not inclusive of all strategies, it provides a summary of the
APRIL 2005
6
most applied and successful measures as documented in the research summarized in A p p &
B. The toolbox includes a brief description of the strategy, its effects on volume, speed, noise,
and safety, a discussion of its advantages and disadvantages and design considerations. The
following strategies are included in the toolbox:
Traffic Control Devices
Roadway Adjustments
-Vehicle Restrictions
- Narrowing Lanes
-Turn Restrictions
-Chokers
-One-wayStreets
- Mid-Block Narrowing
-Watch Children Signs
-Chicane
- Stop Sign Implementation
Vertical Elements
- All-Way Stop Sign Implementation
- Speed Humps/Bumpsflables
- Parking
- Raised Crosswalk
Restrictions
- Pavement Markings
- Median Barrier
- Speed
-Traffic Circle
Limits
Enforcement
-Street Closure
- Increased
-Full / Diagonal Diverter
Enforcement
-Variable Speed Display Board
- Partial
Diverter
Effectiveness of Strategies
As stated earlier, traffic management strategies are not universally applicable or effective at
solving all problems. The Institute of Transportation Engineers has collected data on the
effectiveness of traffic management strategies implemented throughout the United States. Table
Zprovides a summary of this data and can be useful in the selection of appropriate traffic
management strategy to implement. Along with the information provided in Table 2 on
effectiveness, the following are some other effectiveness considerations:
-
Traffic control devices, by themselves, are almost never effective at reducing traffic
volumes or vehicle speeds.
-
Enforcement can be effective if applied regularly and over an extended period of time.
-
In most cases, enforcement will result in local residents being ticketed.
- Roadway adjustments (narrowing) have proven to be moderately effective but at high
implementation costs.
-
Vertical elements (primarily speed humps/bumps) have proven to be moderately
effective but neighborhood acceptance has been mixed.
-
The combination of enforcement plus other strategies has proven to be the most effective
approach.
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CITY OF BLAINE NEIGHBORHOOD TRANSPORTATION PLAN
lABLE 2
Effectiveness o f M a n a g e m e n t
Strategies
Vehicle Restriction
I
Poss
Posa
POSS
Turn Restrictions
Poss
One-way Streets
Poss
Yes
Stop Sign Implementation
All-Way Stop
POSS
Parkina Restrictions
Poss
.;:
LOW
LOW
POSS
- NO
LOW
NO
Watch Children Signs
LOW
Yes
Yes
Low
LOW
Low
Speed Limits
LOW
Painted Crosswalks
Low
Enforcement
Increased Enforcement / Speed Watches
NO
I
Yes
Variable S ~ e e dDisoiav Board
POSS
-
Mid
pass
LOW
Roadway Adjustments
Mid
Narrowing Lanes
Chokers
Yes
Mid-Block Narrowing
POSS
Chicane
Sidewalks
Vertical Elements
Speed Bumps/HumpsTTable
Raised Crosswalk
Median Barrier
Traffic Circle
Street Closure
POSS
I
PO%
7
Fuli Diverter
Poss
POS!
Partial Diverter
Poss
POS!
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1
No
High
Mid
Yes
No
POSS
High
-
Poss
Mid
No
Poss
Mid
Poss
1
/
No
Poss
Mid
Yes
1
Yes
Poss
High
POSS
POSS
Poss
Poss
Poss
Poss
Pos:
Poss
Poss
Poss
High
Yes
High
Poss
Poss
Poss
High
Poss
- High
Poss
Cost Estimate and Funding
For the purpose of discussions with affected residents, a cost estimate will be developed for the
recommended strategy. It is the policy of the City of Blaine that the following cost sharing will
occur with an approved traffic management strategy:
.
City of Blaine will pay the cost of administrative work, traffic study and data collection
City of Blaine pays 25% of the construction and installation costs of major strategies while
the neighborhood affected will pay 75%of the cost (minor items such as installation of a
limited number of signs or painting of crosswalks and other pavement markings would be
assumed completely by the City)
Costs associated with implementing traffic management strategies vary significantly from just
over $250 for installing a speed limit sign to $10,000 or more for a landscaped median
construction. TabIe3provides a summary of typical implementation costs for traffic
management strategies.
TABLE 3
-
Typical Implementation Costs
Type of Implementation
Unit
Unit Cost
Per sign
$250
Per linear foot
Per crosswalk
Per crosswalk
$1.00
$1,500
Per fixture
$7,500
Per crosswaik
$4,000
Speed Humps
Per hump
$5,000
Mid-Block Choker
Per choker
$5,000
Per approach
$5.000
Warning Signs
Pavement Markings
Roadway Striping
Crosswalk Striping
Textured Pavement
Raised Crosswalk
Intersection Choker
I Mid-Bock Speed Table
I intersection S~eedTable
I
I
Per table
Per intersection
$150
I
I
$7,500
$25,000
Traffic Circle
Per intersection
$15.000
Center Island
Per approach
$15.000
Half Closures
Per intersection
$40k to $60k
I ~ u l closures
i
I
Per intersection
Source: City of Minneapolis & ITE, TrafficCalming - State of the Practice
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1
$120,000
1
1
I
CITY OF BLAINE NEIGHBORHOOD iRANSPORTATlONPLAN
While the city will cost share only the implementation costs, the consideration of future
maintenance costs are also a factor for determining the most appropriate strategy. While the
implementation of a traffic sign may appear to be the least expensive option at only $250, the
additional $100 per year of annual maintenance needs to be considered. A comparison of the
annual costs for the most common strategies for speed reduction, increased enforcement and
speed humps, is included in Tabled.
TABLE 4
Comparison of Annual Costs
Measure
Photo-radar (ownershipoption)
Initial Cost
Annual Cost
Annual Revenues
$85,000
$145,000
$40,000
$214.000
$40.000
$194,000
$40,000
Photo-radar (lease option)
Targeted Police Enforcement
1 Speed Humps
$70,000
I
$300.000
I
$30,000
I
$0
Source: ITE, Traffic Calming - State of Practice
Step 5 - Conduct Neighborhood Meeting and Petition
After the completion of the traffic study and the development and evaluation of potential
strategies, the city will wither hold a Neighborhood Meeting or distribute a letter to inform the
community on the process and results of the traffic study and provide information on the
recommended strategies. Based on the engineering study and input from residents, the city will
make a preliminary determination and recommendation for the need of traffic management
strategies.
Step 6 -Traffic Management Strategy Approval
Once the traffic study results, management strategies, and cost estimates have been provided to
affected neighborhood residents, a survey/petition will be circulated to ascertain whether or
not the neighborhood approves of the recommended strategy and are willing to cover the
potential costs of implementation. The recommended strategy will not be implemented without
the support of 65% of the project neighborhood and 50% of any affected neighborhood.
Once approval is obtained from the neighborhood the strategy will be presented to the City
Council for approval.
Step 7 - Implement Temporary Strategy and Monitor
In most cases, the strategy will be implemented with temporary materials and remain in place
for approximately three to six months depending on the type of improvement. The strategy will
be evaluated to determine if it addresses the identified problems and is consistent with the
Neighborhood Traffic Management Plan goals. During the test period residents may provide
comments to the City Engineering Department regarding the improvement. At any time during
this test phase appeals of the decision for installing the strategy can be submitted and
forwarded to appropriate staff.
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I
Step 8 - Approve Permanent Strategy
If it is determined that the temporary strategy does not achieve the intended goals of reducing
speeds, cut through traffic or other identified problems, the City Engineering Department will
review other potential measures and recommend the elimination of all strategies or test the
installation of a different strategy.
Effective temporary strategies will be brought to the council for approval for the installation of a
permanent form of the approved traffic management strategy.
Step 9 - Monitoring and Future Actions
The City will conduct periodic monitoring of the fully installed traffic management strategy to
determine if the project continues to provide effective improvement to the neighborhood. The
monitoring will be conducted at the discretion of the City based on available funding, staffing
levels, and resident comments.
If monitoring shows that the implemented strategy fails to achieve the intended goals it may be
removed.
Legal Considerations
From the local government perspective, the legal issues surrounding traffic management
strategies fall into three categories: statutory authority, constitutionality, and tort liability. First,
the local government must have legal authority to implement traffic management strategies on
a given roadway (statutory authority). Second, the local government must respect the
constitutional rights of affected landowners and travelers on the roadways (constitutionality).
And finally, the local government must take steps to minimize the risk to travelers from the
installation of traffic management strategies (tort liability). Through documentation of the entire
process, including the collection and evaluation of traffic data, the decision process, and
interaction with the public, the Blaine Traffic Management Program can minimize potential
legal difficulties.
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CITY OF BLAINE NEIGHBORHOOD TRANSPORIATION PLAN
6.0 Toolbox of Neighborhood Traffic Management
Strategies
The following Toolbox provides information on a variety of traffic management strategies. Each
strategy includes information on its purpose, its effectiveness for solving different types of
traffic problems, and a summary of advantages and disadvantages for implementation. To
make the toolbox understandable and usable it has been organized into types of strategy as
follows:
Traffic Control Devices - the use of common traffic control devices, such as signing and
pavement markings, to solve neighborhood traffic problems. Included in this category are:
Vehicle restrictions
- Turn restrictions
- One-way streets
- Watch for Children Signs
- Stop Sign Implementation
-
-
All-Way Stop Sign Implementation
Parking Restrictions
Pavement Markings
Speed Limits
Enforcement - there are two options for using enforcement as a traffic management strategy:
increase police enforcement, the use of Variable Speed Display Boards
Roadway Adjustments -there are multiple strategies for traffic management that change the
appearance of the roadway including:
- Narrowing of lanes
-
Chokers
-
Mid-Block Narrowing
Chicane
Vertical Elements - introducing vertical elements to the roadway, either as obstacles for
vehicles to drive over or around, are common traffic management strategies. These include:
-
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Speed Humps/Bumps/Tables
Raised Crosswalks
Median Barrier
Traffic Circles
-
Street Closer
Full / Diagonal Diverter
Partial Diverter
Vehicle Restriction
Traffic Controi Devices
Purpose
Truck route ordinances, or weight restrictions
are place on streets and roadways for various
reasons. Some of these reasons include noise,
excessive traffic volumes, speeds, and
safety concerns. (Does not refer to normal use
of spring time load restriction for pavement
preservation purposes.)
Source: FHWA Manual on Uniform Traffic Control Devices
Effects
Volumes
Speed
Heavy vehicle volumes may be reduced
No effect
Traffic Noise
Noise may be reduced
Traffic Safety
Little or no effect
Possible reduction in noise and volumes
Restrictions viewed in a positive manner by the neighborhoods
Preservation of structural integrity and life of a street
Advantages
.
Disadvantanes
-
Traffic usually is shifted to a different street
Businesses that generate the heavier traffic can complain of hardships and
inconveniences
Other heavy vehicles that serve the neighborhood may be restricted (school
buses, garbage trucks, delivery vehicles, etc.)
Problem Target
Design
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--
Cut-through traffic
High volumes
High collision rates
Legality of the truck route - can not be used on state aided county and city
roadways.
Turn Restrictions
Traffic Control Dev~ces
Purpose
Can be used in neighborhoods where "cut
through" traffic has been documented to be
unusually high. Traffic control technique
involving the use of regulatory signing which
prohibits certain traffic movements generally
where an arterial and local street meet.
Involve the use of standard "No Right Turn"
or "No Left Turn" sign with or without rush
hours limitations.
-.
.-"
i
.-
CZL,
,
0z.9
m1.1
Effects
Volumes
Speed
Traffic Noise and Air
Traffic Safety
Advantages
Disadvantages
Problems Targeted
Design
APRIL 2005
Where turning movements onto local residential streets are reduced, volumes on
those streets are lessened.
To the extent that traffic cutting through is diverted, speeds on the local
residential street may be reduced.
Noise may be reduced, but transferred to other streets
May improve on the restricted volume street if compliance is high, but effects on
alternative routes need to be evaluated.
Low installation cost
Possible reduction in crashes
If turn prohibition sign is installed without a reasonable alternative violations are
likely.
Complaints may rise on diversion routes.
Turn prohibition signs have a very low level of effectiveness unless coordinated
levels of enforcement are high.
Cut through traffic
Turn restriction signs should be used on the periphery of neighborhoods rather
than within them.
Most effective when used during rush hour when "cut through traffic is a
problem
Consideration should be given to install physical barriers to aid in the
enforcement of turn restriction signs
14
One-way Streets
Purpose
Conversion of two-way streets to one-way
operation for purposes of residential street
traffic control take three forms:
- Divergent and convergent one-way
CASE #I
residential streets to reduce direct through
routes impacting the neighborhood.
CASE #2 -Alternating one-way streets throughout a
portion of a grid system to gain safety
advantages of one-way operations.
CASE #3 - Creating a one-way couplet by paring a
residential street with a nearby thru street to
create a corridor for thru traffic
R6-1
Source: FHWA Manual on Uniform T r a f k Control Devices
Effects
Volumes
Speed
Traffic Safety
Case #I
-reduces traffic volumes where thru traffic is a problem
Case #2 - no significant effect on traffic volumes
Case #3 - increases volumes on one street and reduces volumes on adjacent
streets
May increase speeds due to improved motorist comfort levels.
Minimal effect except in Case #I
which creates longer, circuitous routes for local
traffic.
One-way streets result in fewer potential conflicting movements, improving
safety.
4dvantages
Possible increased parking
Inexpensive to implement
May reduce traffic volumes
May increase roadway capacity
3isadvantages
May be considered inconvenient for residents
Possible increase in speeds
May increase volumes on other streets
Jroblems Targeted
High traffic volumes
High crashes due to conflicting movements
One way streets can be used in combinations that force turns every few blocks
to minimize speeding or cut-through problems
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15
Watch for Children Signing
Traffic Contra1 Devices
Purpose
A variety of signs exist to try and warn of
the presence of children, "Watch for
Children," "Slow, Children at Play," etc. The
request for these signs generally stems
from parents' concern for their children's
safety in the streets near their home.
Unfortunately, the request for this type of
signage is based on a widespread but false
belief that traffic signs provide protection.
Effects
Volumes
No Effect
Speed
No Effect
No Effect
Traffic Safety
No Effect
Advantages
Disadvantages
Low initial cost for one installation. Installation plus an annual maintenance cost
may become significant if installed at a large number of locations.
Signs of this type might indicate that the street is an acceptable place to play
Problems Targeted
' Not effective for any of the common traffic Issues
Design
Tne Watcn for Cnildren warning signs are not stanoard signs inc ~ d e dn the
Minnesota Man~alon Lniform Traffic Contro Devices beca~seof ther lack of
effectiveness in slowing traffic or increasing safety of neighborhood streets.
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stop Sign Implementation
I
Purpose
Regulatory sign that is used to assign right-of
way at an intersection. Only recommended for
installation if specific guidelines are met in
accordance with the Minnesota Manual on
Uniform Traffic Control Devices (MnMUTCD). Stop
signs should not be used for speed control or
volume reduction and should not be installed on
the major street unless justified by an
engineering report.
~i -1
Effects
Volumes
Speed
Traffic Safety
Advantages
Disadvantages
Problems Targeted
Design
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Little or no effect
Little or no reduction in speed, speed possibly increases due to drivers speeding
up to make up for time lost at the stop sign
Noise is increased near the intersection due to the increase activity of
acceleration. Air quality worsens due to deceleration, idling and acceleration
Possible increase in crashes, possibly due to the stop signs being unexpected or
deemed unnecessary, therefore encouraging rolling stops or by instilling a false
sense of security in crossing motorists and pedestrians.
Inexpensive installation costs (do require continual maintenance costs)
Defines driver's right-of-way
Increase opportunity for pedestrians to cross the roadway
Mav discourage cut-through traffic
Can cause negative traffic safety impacts if sign is not warranted
May result in mid-block speeding
Increasing levels of intersection control are associated with increased
frequency of crashes.
Difficult to enforce full stop control compliance
Could result in increase in speeds between the signs as drivers try to make up
for lost time
. At intersections where right-of-way is confusing
Guidelines need to be met as established in the Minnesota Manual on Uniform
In most cases the street carrying the lowest volumes should be stopped to
minimize the number of vehicles stopping
All-Way Stop Sign Implementation
Traffic Goniroi Devices
Purpose
The All-Way STOP condition is primarily intended to address
either a higher than expected intersection crash frequency or to
be an interim measure at locations that have demonstrated a
need for a traffic signal installation, but where the signal cannot
be installed in a reasonable period of time. It is a common belief
that installing STOP signs on all approaches of an intersection will
result in fewer crashes. Research indicates that average crash
R1-1
frequency at All-Way STOP controlled intersection is 50% higher
than thruISTOP intersections. Also, there is no evident to suggest
that STOP signs decrease travel speeds.
Source: FHWA Manual on Uniform Traffic Control Devic
Effects
Volumes
Speed
Traffic Safety
Advantages
Little or no effect.
Little or no reduction in speed, mid-block speed possibly increase
In most cases, the installation of an All-Way STOP will increase the frequency of
crashes. Only in those rare cases where the number of crashes with the
ThruISTOP control is unusually high, is the forecast of safety improvement
probable.
Inexpensive installation costs (do require continual maintenance costs)
Defines driver's right-of-way
Increase opportunity for pedestrians to cross the roadway
May discourage cut-through traffic
Disadvantages
Can cause negative traffic safety impacts if sign is not warranted
May result in mid-block speeding
Increasing levels of intersection control are associated with increased
frequency of crashes.
Difficult to enforce full stop control compliance
Could result in increase in speeds between the signs as drivers try to make up
for lost time
Problems Targeted
Unusual conditions at intersection including crash frequency, turning patterns,
delay and pedestrian conflicts.
Design
Traffic volumes and crash frequency thresholds need to be met as established
in the Minnesota Manual on Uniform Traffic Control Devices.
-The most effective deployment of the All-Way STOP condition is at intersections
where the volume of traffic on the major and minor roads is approximately equa.
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18
Parking Restrictions
lrraffic Control Devices
Purpose
Parking restrictions can assist in improving
residential street safety in two ways:
1) Clearance No Parking Zones to improve sight
lines at intersections and crosswalks
2) Extended No Parking Zones to improve
visibility of and for pedestrians along the length
of the block.
Effects
Volumes
Speed
Traffic Safety
Little or no effect
Minimal changes unless there are extended No Parking Zones that can create
the potential for increased speeds
Little or no effect
Increasing sight line distances reduce right angle conflict between vehicles at
intersections, alleys and driveways
Advantages
Can reduce some types of accidents (late evening hit and run parked vehicle
accidents and crashes related to parking maneuvers)
Disadvantages
In area where on-street parking is at capacity and there is no alternative offstreet parking additional restriction to parking can be controversial to residents
Problems Targeted
' Non-Residential parking intrusion
Design
APRIL 2005
Should review the impacts of parking on surrounding streets
19
Speed Limits
Traffic Control Dev~ces
Purpose
Speed limits are determined by the Minnesota
Department of Transportation (consistent with
State Statutes) based on an analysis of the actual
speed profile of the road. The basic premise of
Minnesota's law is that the majority of motorists
will pick a safe and reasonable speed given the
horizontal and vertical design of the street, locations of
driveways, sidewalks, obstructions, and the use of the street
by pedestrians. Lowering the speed limit to address sp
a
has never proven to be even moderate
without also including very high levels of enforcement.
Effects
Volumes
Speed
Trafic
Safety
Little or no effect
Drivers generally ignore posted speed limits and travel at speeds which the
drivers consider reasonable
Effects of speed limit changes on traffic safety on local residential streets have
not been reported, Research suggests that crash frequencies on urban roadways
are unrelated to vehicle soeeds.
Advantages
-
Research indicates that when speed limits are set at or near the 85thpercentile
speed, roadway crash frequencies are at a minimum.
Disadvantages
Speed limits on urban roadways are either set by Statute or by MnDOT.
Research suggests that crash frequencies on urban roadways are unrelated to
vehicle speeds.
Problems Targeted
-
High speeds through residential neighborhood
Design
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20
Painted Crosswalks
Traif~cControl Devices
Purpose
Provide a designated, marked location
for pedestrians to cross residential
street and make drivers more aware
of potential pedestrian conflicts.
Effects
Volumes
No effect
Speed
No effect
Traffic Noise a n d Air
No effect
Traffic Safety
Research has shown that marked crosswalks at uncontrolled intersection are
unrelated to pedestrian safety.
Advantages
Reasonably effective at identifying locations with potential pedestrian conflicts.
Helps to concentrate pedestrian activities at specific intersection and on specific
legs of intersections.
Disadvantages
At uncontrolled intersections, appears to create a false sense of security in
pedestrians the 8" white line with stop the oncoming 4,000 pound vehicle.
Costly to maintain
Not required to establish legal cross-walk locations.
Problems Targeted
Concentrating pedestrian crossing activities, particularly when combined with
other strategies such as advanced warning signs, systems of sidewalks,
enforcement, etc.
Design
Marking cross walks is not necessary to establish legal crossing locations and
is unrelated to pedestrian safety,
.Marked crosswalks may be part of a program to designate walking routes and
concentrate pedestrian crossings when combined with other strategies.
APRIL 2005
-
21
Increased Enforcement I Speed Watches
Enforcement
Purpose
The effective use of public safetylpolice
personnel to encourage reduced speeds in
residential areas. Enforcement usually involves
the use of radar to identify speeders and ticket
violators.
Speed Watches rely on neighborhood
participation to create awareness and, in turn.
help control speeds in neighborhoods.
Effects
Volumes
Speed
Traffic Safety
Little or no effect
Speed reduction as long as enforcement is maintained (the "halo" effect of
infrequent enforcement is as little as 1 mile or 4 hours).
May reduce overall crashes if speeds are actually reduced.
Advantages
Easy to implement
Effective with repetitive enforcement on a non-routine basis.
Speed Watch programs have been perceived positively by neighborhood, even
in areas where significant speed reductions were not measured. These types of
programs may make neighborhoods find that they do not actually have a
SDeedina Droblem.
Disadvantages
Not self-enforcing; temporary measure, dependent on resources
.Expensive and not always desirable to use police for traffic enforcement due to
budaet and manoower constraints
-
Problems Targeted
Design
Speeding
Moving vehicle violations
Running stop signs
The locations of implementation should be clearly identified to minimize the
time spent enforcing and maximize the resultant speed reduction.
Actual speed surveys should be used to narrow problem to specific time (day of
the week, time of day) and location.
-
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22
Variable Speed Display Board
Enforcement
Purpose
A portable speed display board wired to a
radar provides passing motorists their
travel speed along with the speed limit. The
display can help raise driver awareness,
encourage compliance, and direct driver's
attention to the posted speed limit. The
purpose is to remind drivers that they are
speeding to help encourage compliance.
Effects
Volumes
Speed
Traffic Safety
Little or no effect
Lower observed speeds when device is present
Little or no effect
There is the potential for sudden braking by some motorists
-
Advantages
Portable Display board can be used in various locations enabling residents to
borrow and place on their street
Low cost ($2,000 to $11,500 per unit)
Can be used to target timing and location of police enforcement (if data shows
excessive speeds at a certain time)
Disadvantages
Possible concerns with causing confl~ctbetween citizens involved (vigilantism)
May only provide short term effectiveness
Possible vandalism or could encourage aggressive drivers to see how fast they
can go
Needs power to function
Requires personnel to move and place unit
Problem Targeted
A n y location where speeding is a problem or where drivers need to be educated
about traffic issues in the area.
Design
Variety of types of variable speed display boards available - some include
traffic county abilities.
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-
23
Narrowing Lanes
Roadway Adjustments
Purpose
The reduction of the typical pavement width
along a roadway. The narrowing can be achieved
physically by removing part of the pavement
surface or by simply using pavement markings to
indicate narrow travel lanes.
Effects
Volumes
Speed
Traffic Safety
Little or no effect
Possible reduction in speed
Little or no effect
Potential for improved pedestrian safety due to shorter street crossing times, but
at the same time bicycle safety may be compromised by physically removing part
of the pavement surface.
Advantages
Use of pavement markings to narrow street is relatively inexpensive ($0.20 per
lineal foot).
Narrowing of street may provide opportunity for street beautification programs
Disadvantages
May require the prohibition of on-street parking causing hardship or
inconvenience for residents
May result in shifting volumes to adjacent streets if number of lanes is reduced
Problems Targeted
Design
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-
Wide residential streets where speed reduction is desired
Excess street volume on multilane streets
-
M ~ snot
l create s gnifcant impacr d ~ to
e loss of park ng
24
I
Chokers at Intersections
Roadway Adjustments
Purpose
Narrowing of the street at an intersection
to constrain the width of the traveled way. They
provide shorter pedestrian crossing distances
and provide protection to the beginning of a
parking lane. The driver also senses the roadway
narrowing when approaching one of these
measures, which can result in speed reduction
and a reminder that the driver is entering a
residential area.
Source: Institute of Transponation Engineers
Traffic Calming: State of Practice
I
Effects
I
I
I
Volumes
Little or no effect
Speed
Minimal changes
Trafci
Safety
Advantages
at the same time bicycle safety may be compromised by physically removing part
I
I
I
.Good for pedestrians due to shorter crossing distance
.Provides space for landscaping and neighborhood "gateway"
Should not affect emergency response time
Minimal inconvenience to drivers
Disadvantages
May cause bicyclists to travel in same traffic lane as vehicles
May require redesign of drainage system
.
Problems Targeted
' Mid-block locations with speeding andlor cut-through traffic
Design
There must be adequate turning radius for emergency vehicle access
especially on narrow streets
APRIL 2005
25
Mid-Block Narrowing
Roadway Adjustments
Purpose
Segment(s) of roadway narrowing where curbs
are extended toward the center of the roadway
on one or both sides of the street to constrain the
width of the traveled way. They provide shorter
pedestrian crossing distances and provide protection
to the beginning of a parking lane. The driver also
senses the roadway narrowing when approaching
one of these measures, which can result in speed
reduction.
Source: institute of Transportation Engineers
Traffic Calming: State of Practice
Effects
Volumes
Little or no effect
Speed
Minimal changes
Traffic Safety
at the same time bicycle safety may be compromised by physically removing pall
Good for pedestrians due to shorter crossing distance
Provides space for landscaping
Does not affect emergency response time
Minimal inconvenience to drivers
Advantages
Disadvantages
May create drainage issues where curb and gutter exist
May create diversion for bicyclists
-
Problems Targeted
Mid-block locations with speeding andlor cut-through traffic
Design
Must not significantly impede emergency vehicle access
Chicane
Roadway Adjusttnents
Purpose
Curvilinear reconstruction involving the
introduction of curvatures on previously
straight alignment. Curvilinear
reconstruction can be accomplished in two
different ways:
1.
Reconstruct the street with a
curved centerline alignment and a
uniform roadway width
2.
Introduce chokers or other types of
barriers on alternate sides of the
street to create a serpentine travel
path.
Source: Institute of Tianspoiiation Engineers T r a m Calming: Sfateof
Practice
Effects
Volumes
Speed
Possible reduction in volumes
Possible reduction in speeds
Little to no effect
Traffic Safety
Little or no effect
ldvantages
-
Possible reduction in volumes and speed
No restriction in access to residents
Can be landscaped enhanced
Less disruptive for emergency vehicles than speed humps
Disadvantages
Curbside parking must be prohibited in some locations
Winter maintenance problems
Possible impacts to drainage
High cost of reconstruction
Jroblems Targeted
Excessive speeds
Design
Not appropriate for narrow streets (22 feet is appropriate width)
APRIL 2005
Sidewalks
Roadway Adjustments
Purpose
Sidewalks are intended to provide
pedestrians with a safe walking location
when traffic volumes or vehicle speeds
make walking o n the street potentially
dangerous.
Effects
Volumes
No Effect.
Speed
No Effect.
No Effect.
Traffic Safety
Advantages
Possible decrease in pedestrian crashes.
Positively separates pedestrians and vehicles.
Very effective at reducing pedestrianlvehicle conflicts,
Disadvantages
Moderately costly to implement.
Requires systematic deployment to achieve high levels of effectiveness.
.Increased maintenance efforts.
Mixed neighborhood acceptance.
Problems Targeted
' High levels of pedestrian activity, especially affnear pedestrian generators
(schools, parks, retail areas, etc)
Design
Should be Installed along all arterials and collectors (because of the traffic
volumes and speed) and along res~dentlalstreets based on providmg
connections to areas with hlgh levels of pedestrian activity.
APRIL 2005
Speed BumpslHumpslTables
Vertical Elements
Purpose
A physical feature (usually made of
asphalt or rubber mounds) that are
designed to rise above the roadway
surface and extend across the roadway
perpendicular to the traffic flow. Typically
used to reduce vehicle speeds.
Speed Bump
Source: Institute of Transportation Engineers Traffic Caiming: State of
Practice
Effects
Volumes
Speed
Trafci
Safety
Effective in slowing vehicles traveling at typical residential speeds to
approximately 5 to 15 mph depending on type installed at the device - may
reduce overall speeds by 5 to 7 mph.
May have an increase of noise at the bumpslhumps
Traffic safety has not been found to be compromised with these devices. Traffic
safety benefits can be gained if speeding is involved.
Advantages
Disadvantages
Problems Targeted
Design
APRIL 2005
Reduces speeds
Usually reduces traffic volumes
Does not require parking removal or interfere with bicyclelpedestriantraffic
-
Can potentially increase noise
Can cause traffic to shift to parallel residential or collector streets
May decrease emergency vehicles response times
Excessive speed
High volumes
Speed humps are only effective for 250 feet on either side of the hump. Thus, a
neighborhood considering speed hump installation would require two to three
installations.
29
Raised Crosswalk
Vertical Elements
Purpose
A raised crosswalk is a speed table
designed as a pedestrian crossing, usually
at mid-block to provide additional warning
of a pedestrian crossing
Source: Institute of Transportation Engineers Tame Calming: State of
Practice
Effects
Volumes
Speed
Decrease in speed at crosswalk
Possible increase in traffic noise
Traffic Safety
I
Advantages
May increase awareness of pedestrians
. Speed control at pedestrian crossing
. Increases pedestrian visibility and awareness to driver
Possible increase in noise
Possible diversion of traffic to other streets
May impact drainage
Disadvantages
I
I
Possible reduction in traffic volumes
Problems Targeted
Design
APRIL 2005
-
High mid-block pedestrian crossing and excessive vehicle speeds
Should be placed in mid-block
Not appropriate for grades greater than 5 percent
Most common height is between 3 and 4 inches and typically have ramps 6 feet
long
Median Barrier
Vertical Elements
Purpose
A physical means for preventing left turning traffic on
a major street from accessing a local street and
through traffic from continuing on that local street.
Alternate routes fro diverted traffic should be
analyzed with regard to traffic carrying capacity and
desirability.
Source: institute of Transportation Engi$,acrs
Traific Calming: Stale oiPractice
II
I
I
Effects
Volumes
Speed
Traffic Safety
Advantages
Vary depending on proportion of traffic that is prohibited by the median barrier
Small reduction possible
Little or m effect
May provide some safety benefits for pedestrians as a safety island for crossing
the maior street
Assists in pedestrian crossing
Prevents vehicles from passing vehicles that are turning right
May improve safety through access limitations
Visually enhances the street
Diversion of traffic to other locations possible
Disrupts continuity of local street system
Maintenance of island required
Reduction in access for residents
Disadvantages
Problems Targeted
Design
-
Cut through traffic
Vehicle conflicts
Must meet drainage requirements
Must not significantly impede emergency vehicle access
II
I
I
Traffic Circle
Vertical Elements
Purpose
A traffic circle is a raised geometric control
island, frequently circular, in the center of
an intersection of local streets. Typically,
traffic circles would be about 20 feet in
diameter. Traffic traveling through the
intersection must avoid the island affecting
the path and speed of the traffic.
Source: Institute of Transportation Engineers Tmmc Calming: Slate of
Pactice
Effects
Volumes
Speed
Traffic Safety
Advantages
Disadvantages
Little or no effect
May reduce speed at intersection
Little or no effect
May decreases vehicle conflicts at intersection
.
.
Reduces speed at intersection approach
Reduces vehicle conflicts at intersection
Provides equal access to intersection for all drivers
Does not restrict access to residents
Can be landscaped
.Some parking restrictions required
Local experience has found these devices to be ineffective
Can restrict access for trucks, buses and may increase emergency vehicle
response time
Winter Maintenance
-
Problems Targeted
Design
APRIL 2005
Excessive speeds
Crash history at intersection
A minimum of 30 feet of curbside parking must be prohibited at each corner of
the intersection
32
Street Closure
Veriicai Elements
Purpose
A street closure, for the purpose of this
tool box, is defined as closing a street
either at one end or the other, or at a mid
block location to eliminate unwanted
through traffic.
Source: Institute of Transportation Engineers Traffic Calming: State of
Practice
Effects
Volumes
Speed
Traffic Safety
Reduces through traffic volumes
May reduce speed
Little to no effect
May improve safety of street
tdvantages
Disadvantages
Problems Targeted
Design
APRIL 2005
Eliminates through traffic
Possibly reduces speed of remaining vehicles
Can maintain pedestrian and bike access
Increases emergency vehicle response times
May cause inconvenience for some residents
May divert traffic to other streets
May require additional right-of-way acquisition
Winter maintenance
. Cut through traffic volumes
There needs to be a minimum of 120 foot right-of-way to accommodate the
minimum turning radius of 40 feet.
Full I Diagonal Diverter
Vertical Elements
Purpose
A full diverter, sometimes called a
diagonal diverter, is a raised barrier
place diagonally across an intersection
that physically divides the intersection
and forces al traffic to make a sharp
turn.
Effects
Volumes
Speed
Traffic Safety
Advantages
Disadvantages
Problems Targeted
Design
APRIL 2005
May decrease traffic volumes
May reduce speed
Little or no effect
Possible improvement
.
-
Reduces traffic volumes
Restricts vehicle access while maintaining bicycle and pedestrian access
Prohibits or limits access and movement
Restricts access for emergency vehicles
May impact drainage
May impact parking
' Cut through traffic
Speed - forces driver to slow to make the turn
.
.
.
The curvature of the diverter is dependent on the intersection roadway widths.
Special care needs to be taken with drainage design.
The intent is to divert traffic to arterial and collector streets.
Needs to be good visibility approaching the diverter for drivers to react and
navigate the turn safely
Partial Diverter
Vertical Elements
Purpose
A partial-diverter is the narrowing of a two
way street in order to eliminate one
direction of travel. The concept can only
be used at an intersection and attempts to
reroute traffic attempting to use the
protected street onto other roadways.
Source: Institute of Transpoltation Engineers Traffic Calming: State of
D..?,+"
Effects
Volumes
Speed
Traffic Safety
Reduces traffic volumes in the eliminated direction
Possible speed reduction
Little or no effect
Improved pedestrian crossing
-
-
Advantaaes
Allows for movement of emergency vehicles
Reduces traffic volumes
Allows two-way traffic on the remainder of the street
Shorter pedestrian crossing at intersection
Disadvantages
-
Parking may be impacted and reduced
Interrupts street network connectivity
Emergency vehicles do have to drive around partial closure with care
Problems Targeted
' Excessive volumes on residential street
Design
Care has to be given in the design to not hinder unnecessarily emergency
vehicles due to poor design
-
-
-
m
APRIL 2005
Appendix A
Petition
Petition for Traffic Management Strategy Implementation
The undersigned resident of properties bordering on:
Between the intersections of:
and
Brief Description of Traffic Related Problem:
Hereby request assistance with traffic related problems.
Signatories should understand that the City of Blaine has determined that affected residents shall
bear 75% of the cost of installing traffic management strategies.
NAME (Signature)
Address (Include Apartment #)
Comments
Petition submitted by:
Name
Address
Phone
Appendix B
Resources on Traffic Calming
TrafficCalming State of the Practice, Institute of Transportation Engineers
In vestiga fing the Effectivenessof TrafficCalming Strategies on Driver BeIza vioc TrafficFfow and
Speed, Report 2002-02, Minnesota Local Road Research Board
EffectiveTrafficCalming Applications andlmplementation,Report 1999-01, Minnesota Local Road
Research Board
Neighborhood TrafficConiroI, North Central Section Institute of Transportation Engineers, December
1994
Minnesota Traffic Calming, MnDOT Local Road Research Board: www.mn-traffic-calinin~.org
Minnesota Department of Transportation/Speed Limits: www.dot state.m~i.uslsveedlindex.ht~nl
Appendix C
Glossary of Key Terms
85Ihpercentile
The speed at or below which 85 percent of vehicles surveyed travel. The measurement is one
criteria used to set the speed limit on roadways.
10 mile per hour pace
Speed range representing the speeds of the largest percentage of vehicles in a speed survey.
Access
The ability to enter andlor exit a property, street or neighborhood
Affected Neighborhood
Properties expected to receive the majority of the impacts from an implemented traffic
management strategy.
Arterial
Roadway with emphasis on mobility over land access and connects cities with adjacent
communities and the metropolitan highway system.
Capacity
The maximum number of vehicles that can use a given section of roadway during a given
period of time.
Collector Street
A roaonay triat connecis netgn9ornooos Co' cctor streels dre s n o w on me c-rrenl Road
C ass f cat on map (F.g.re 4 10 Appcno x D l 11:rle B a n e Transponat~onP a n
Correctable Crashes
Types of crashes which engineers are able to reduce through signal improvements.
intersection geometry changes, traffic control devices, and access management techniques.
Cut-Through Traffic
Traffic using local streets to travel between neighborhoods instead of collector street.
Diversion
Traffic volumes that are moved from one street to another
Impacted Area
Area that will receive the majority of the impacts from an implemented traffic management
strategy including diversion of traffic volumes.
Local Street
A roadway that connects blocks within neighborhoods
Transportation Plan
Plan adopted by the City of Blaine and used for planning of transportation infrastructure.
www.ci.blaine.mn.us/ lnsideCityHaIl1 PublicServicesI Enaineerinql BlaineTranstiortationPlan
BiaineTransoortationPlan Home.htm
Speed Survey
A sutvey of vehicles performed with radar to determine the speed at which they are traveling.
The 8dh percentile is determined by a speed survey.
State Aid Road
A designated roadway (City or County) which receives state funds for maintenance and
construction. Additional rules and standard apply to these roadways.
Appendix D
-
Figure 4.10 Recommended Roadway System
City of Blaine Transportation Plan
Blaine Transportation Plan
Agenda Item
Date: April 25,2006
Item No: 8
Item Description: Discussion of Pesticide and Herbicide Use
Commissionmember Neprash requested at your March meeting to begin a discussion about
pesticideiherbicide use in the City of Roseville. As background materials, we are attaching what
we could find from State Statute regarding regulation of applicators, the Roseville code section
on lawn fertilizers, and information from Shoreview's website on their policy regarding pesticide
use on public areas.
Roseville has for many years tried to minimize the use of pesticides on public property. We have
tried organic products with limited success. Generally, our practice is to use them only as
necessary where control is necessary.
We will be prepared for discussion of this item,
Recommended Action:
None
Page 1 of 42
Minnesota Statutes 2005, Chapter 18B.
..
Minnesota
Office of the Revisor of Statutes
Leg~slatlrreHome I Links
to the World I Help / A (
House I Senate I Joint Departments and Commissions / Bill Search and Status I Statutes,Laws,and Rules
Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota,
==18B.01
188.01 Definitions.
Subdivision 1.
Applicability.
this section apply to this chapter.
The definitions in
Subd. 2.
Approved agency. "Approved agency" means a
state agency, other than the Department of Agriculture, or an
agency of a county, municipality, or other political subdivision
that has signed a joint powers agreement under section 471.59
with the commissioner.
Beneficial insects. "Beneficial insects"
Subd. 3.
means insects that are: (1) effective pollinators of plants; (2)
parasites or predators of pests; or (3) otherwise beneficial.
Bulk pesticide. "Bulk pesticide" means a
Subd. 4.
pesticide that is held in an individual container, with a
pesticide content of 56 United States gallons or more, or 100
pounds or greater net dry weight.
Subd. 4a.
Collection site. "Collection site" means a
permanent or temporary designated location with scheduled hours
for authorized collection where pesticide end users may bring
their waste pesticides.
Subd. 5.
Commercial applicator. "Commercial
applicator" means a person who has or is required to have a
commercial applicator license.
Subd. 6.
Commissioner. "Commissioner" means the
commissioner of agriculture or an agent authorized by the
commissioner.
Container. "Container" means a portable
Subd. 6a.
device in which a material is stored, transported, treated,
disposed of, or otherwise handled.
Corrective action. "Corrective action"
Subd. 6b.
means an action taken to minimize, eliminate, or clean up an
incident.
Subd. 7.
Device. "Device" means an instrument or
contrivance, other than a firearm, that is intended or used to
destroy, repel, or mitigate a pest, a form of plant or animal
life other than humans, or a bacterium, virus, or other
microorganism on or in living animals, including humans. A
device does not include equipment used for the application of
pesticides if the equipment is sold separately from the
instrument or contrivance.
Subd. 8.
Distribute. "Distribute" means offer for
sale, sell, barter, ship, deliver for shipment, receive and
deliver, and offer to deliver pesticides in this state.
Environment. "Environment" means surface
Subd. 9.
water, ground water, air, land, plants, humans, and animals and
their interrelationships.
Fixed location. "Fixed location" means all
Subd. 9a.
stationary restricted and bulk pesticide facility operations
owned or operated by a person located in the same plant location
or locality.
Subd. 10.
FIFRA. "FIFRA" means the Federal
Insecticide, Fungicide, Rodenticide Act, United States Code,
title 7, sections 136 to 136y, and regulations under Code of
Federal Regulations, title 40, subchapter E, parts 150 to 180.
Genetic engineering. "Genetic engineering"
Subd. 10a.
means the modification of the genetic composition of an organism
using molecular techniques. This does not include selective
breeding, hybridization, or nondirected mutagenesis.
Genetically engineered pesticide.
Subd. 10b.
"Genetically engineered pesticide" means an organism that has
been modified through the use of genetic engineering, intended
to prevent, destroy, repel, or mitigate a pest, and an organism
that has been modified through the use of genetic engineering,
intended for use as a plant regulator, defoliant, or desiccant.
Hazardous waste. "Hazardous waste" means
Subd. 11.
any substance identified or listed as hazardous waste in the
rules adopted under section 116.07, subdivision 4.
Incident. "Incident" means a flood, fire,
Subd. 12.
tornado, transportation accident, storage container rupture,
leak, spill, emission discharge, escape, disposal, or other
event that releases or immediately threatens to release a
pesticide accidentally or otherwise into the environment, and
may cause unreasonable adverse effects on the environment.
"Incident" does not include a release from normal use of a
pesticide or practice in accordance with law.
Label. "Label" means the written, printed,
Subd. 13.
or graphic matter on, or attached to, the pesticide or device or
their containers or wrappers.
Subd. 14.
Labeling. "Labeling" means all labels and
other written, printed, or graphic matter:
( 1 ) accompanying the pesticide or device;
(2) referred to by the label or literature accompanying the
pesticide or device; or
(3) that relates or refers to the pesticide or to induce
Page 2 of 42
Minnesota Statutes 2005, Chapter 18B
the sale of the pesticide or device.
"Labeling" does not include current official publications
of the United States Environmental Protection Agency, United
States Department of Agriculture, United States Department of
Interior, United States Department of Health, Education and
Welfare, state agricultural experiment stations, state
agricultural colleges, and other similar federal or state
institutions or agencies authorized by law to conduct research
in the field of pesticides.
Subd. 14a.
Local u n i t of government. "Local unit of
government" means a statutory or home rule charter city, town,
county, soil and water conservation district, watershed
district, another special purpose district, and local or
regional board.
Noncommercial a p p l i c a t o r .
vNoncommercial
Subd. 15.
applicator" means a person who has or is required to have a
noncommercial applicator license.
Organism.
"Organism" means an animal,
Subd. 15a.
plant, bacterium, cyanobacterium, fungus, protist, or virus.
Subd. 15b.
Owner of real p r o p e r t y .
"Owner of real
property" means a person who is in possession of, has the right
of control, or controls the use of real property, including a
person who has legal title to property and a person who has the
right to use or contract use of the property under a lease,
contract for deed, or license.
Subd. 16. Repealed, 1996 c 310 s 1
Subd. 17.
P e s t . "Pest" means an insect, rodent,
nematode, fungus, weed, terrestrial or aquatic plant, animal
life, virus, bacteria, or other organism designated by rule as a
pest, except a virus, bacteria, or other microorganism on or in
living humans or other living animals.
Subd. 18.
Pesticide.
"Pesticide" means a substance
or mixture of substances intended to prevent, destroy, repel, or
mitigate a pest, and a substance or mixture of substances
intended for use as a plant regulator, defoliant, or desiccant.
Pesticide dealer.
"Pesticide dealer" means
Subd. 19.
a person who has or is required to have a pesticide dealer
license.
P e s t i c i d e end u s e r . "Pesticide end user"
Subd. 19a.
means a farmer or other person who uses, intends to use, or owns
a pesticide. Pesticide end user does not include a dealer,
manufacturer, formulator, or packager.
Subd. 20.
Plant regulator.
"Plant regulator'' means a
substance or mixture of substances intended through
physiological action to accelerate or retard the rate of growth
or rate of maturation of a plant, or to otherwise alter the
behavior of ornamental or crop plants or the produce of the
plants. Plant regulator does not include substances to the
extent that they are intended as plant nutrients, trace
Page
3 of 42
elements, nutritional chemicals, plant inoculants, or soil
amendments.
Private applicator. "Private applicator"
Subd. 21.
means a person certified or required to be certified to use
restricted use pesticides.
Registrant. "Registrant" means a person
Subd. 22.
that has registered a pesticide under this chapter.
Release. "Release" means the placement or
Subd. 22a.
use of a genetically engineered organism outside a contained
laboratory, greenhouse, building, structure, or other similar
facility or under other conditions not specifically determined
by the commissioner to be adequately contained.
Subd. 23.
Responsible party. "Responsible party"
means a person who at the time of an incident has custody of,
control of, or responsibility for a pesticide, pesticide
container, or pesticide rinsate.
Restricted use pesticide. "Restricted use
Subd. 24.
pesticide" means a pesticide formulation designated as a
restricted use pesticide under FIFRA or by the commissioner
under this chapter.
Subd. 24a.
Returnable container. "Returnable
container" means a container for distributing pesticides that
enables the unused pesticide product to be returned to the
distributor, manufacturer, or packager, and includes bulk,
mini-bulk, or dedicated containers designed to protect the
integrity of the pesticide and prevent contamination through the
introduction of unauthorized materials.
Rinsate. "Rinsate" means a dilute mixture
Subd. 25.
of a pesticide or pesticides with water, solvents, oils,
commercial rinsing agents, or other substances, that is produced
by or results from the cleaning of pesticide application
equipment or pesticide containers.
Subd. 26.
Safeguard. "Safeguard" means a facility,
equipment, device, or system, or a combination of these,
designed to prevent an incident as required by rule.
Subd. 26a.
School pest management coordinator.
"School pest management coordinator" means a person employed by
a Minnesota kindergarten through 12th grade public school who is
responsible for the school's pest management plans and
implementation of pest management at the school, including the
application of pesticides to the inside or outdoor property of
the school.
Subd. 27.
Site. "Site" means all land and water
areas, including air space, and all plants, animals, structures,
buildings, contrivances, and machinery whether fixed or mobile,
including anything used for transportation.
Subd. 28.
Structural pest. "Structural pest" means a
pest, other than a plant, in, on, under, or near a structure
Page 4 of 42
Page 5 of 42
Subd. 29.
Structural pest control. "Structural pest
control" means the control of any structural pest through the
use of a device, a procedure, or application of pesticides in or
around a building or other structures, including trucks,
boxcars, ships, aircraft, docks, and fumigation vaults, and the
business activity related to use of a device, a procedure, or
application of a pesticide.
Structural pest control applicator.
Subd. 30.
"Structural pest control applicator" means a person who has or
is required to have a structural pest control applicator license.
Substantially altering; substantially alter;
Subd. 30a.
substantial alteration. "Substantially altering,"
"substantially alter," or "substantial alteration" means
modifying a bulk agricultural chemical storage facility by:
(1) changing the capacity of a safeguard;
(2) adding storage containers in excess of the capacity of
a safeguard as required by rule; or
(3) increasing the size of the single largest storage
container in a safeguard as approved or permitted by the
Department of Agriculture. This does not include routine
maintenance of safeguards, storage containers, appurtenances,
piping, mixing, blending, weighing, or handling equipment.
Subd. 31.
Unreasonable adverse effects on the
"Unreasonable adverse effects on the environment"
means any unreasonable risk to humans or the environment, taking
into account the economic, social, and environmental costs and
benefits of the use of any pesticide.
environment.
Waste pesticide. "Waste pesticide" means
Subd. 31a.
a pesticide that the pesticide end user considers a waste.
waste pesticide can be a canceled pesticide, an unusable
pesticide, or a usable pesticide.
A
Subd. 32.
Wildlife. "Wildlife" means all living
things that are not human, domesticated, or pests.
HIST: 1987 c 358 s 43; 1989 c 326 art 5 s 1-15; 1991 c 250 s
6-9; 1993 c 367 s 1,2; 1Sp2001 c 2 s 34
==18B.02
18B.02 Preemption of local law.
Except as specifically provided in this chapter, the
provisions of this chapter preempt ordinances by local
governments that prohibit or regulate any matter relating to the
registration, labeling, distribution, sale, handling, use,
application, or disposal of pesticides. It is not the intent of
this section to preempt local responsibilities for zoning, fire
codes, or hazardous waste disposal.
==18B.03
18B.03 Powers and duties of commissioner.
Subdivision 1.
Administration by commissioner. The
commissioner shall administer, implement, and enforce this
chapter and the Department of Agriculture is the lead state
agency for the regulation of pesticides.
Subd. 2.
Delegation of duties. The functions vested
in the commissioner by this chapter may be delegated to
designated employees or agents of the Department of Agriculture.
Delegation to approved agencies. The
Subd. 3.
commissioner may, by written agreements, delegate specific
inspection, enforcement, and other regulatory duties of this
chapter to officials of approved agencies.
HIST: 1987 c 358 s 4'
==18B.04
18B.04 Pesticide impact on environment.
The commissioner shall:
(1) determine the impact of pesticides on the environment,
including the impacts on surface water and groundwater in this
state;
(2) develop best management practices involving pesticide
distribution, storage, handling, use, and disposal; and
(3) cooperate with and assist other state agencies and
local governments to protect public health and the environment
from harmful exposure to pesticides.
HIST: 1987 c 358 s 46; 1989 c 326 art 5 s 16
==18B.045
18B.045 Pesticide management plan.
Subdivision 1.
Development. The commissioner shall
develop a pesticide management plan for the prevention,
evaluation, and mitigation of occurrences of pesticides or
pesticide breakdown products in groundwaters and surface waters
of the state. The pesticide management plan must include
components promoting prevention, developing appropriate
responses to the detection of pesticides or pesticide breakdown
products in groundwater and surface waters, and providing
responses to reduce or eliminate continued pesticide movement to
groundwater and surface water. By September 1 of each
even-numbered year, the commissioner must submit a status report
on the plan to the Environmental Quality Board for review and
then to the house of representatives and senate committees with
jurisdiction over the environment, natural resources, and
Page 6 of 42
Page 7 of 42
agriculture.
Coordination. The pesticide management plan
Subd. 2 .
shall be coordinated and developed with other state agency plans
and with other state agencies through the Environmental Quality
Board. In addition, the University of Minnesota Extension
Service, farm organizations, farmers, environmental
organizations, and industry shall be involved in the pesticide
management plan development.
HIST: 1 9 8 9 c 3 2 6 art 5 s 1 7 ; 1 9 9 4 c 5 5 7 s 8 ; 1 9 9 9 c 8 6 art 3 s
5
==l8B. 05
18B.05 Pesticide regulatory account
Subdivision 1.
Establishment. A pesticide regulatory
account is established in the agricultural fund. Fees,
assessments, and penalties collected under this chapter must be
deposited in the agricultural fund and credited to the pesticide
regulatory account. Money in the account, including interest,
is appropriated to the commissioner for the administration and
enforcement of this chapter.
Subd. 2 . Repealed, 2 0 0 3 c 1 2 8 art 3 s 47
HIST: 1 9 8 7 c 3 5 8 s 4 7 ; 1 9 9 1 c 1 9 9 art 2 s 4; 1 9 9 3 c 1 7 2 s 2 3 ;
1 9 9 9 c 2 3 1 s 38; 1 S p 2 0 0 5 c 1 art 1 s 1 5
==18B.O6
18B.06 Rules.
Subdivision 1.
Authority. The commissioner shall
adopt rules to implement and enforce this chapter including
procedures addressing local control of pesticide regulation.
Rules adopted under this chapter are part of this chapter and a
violation of the rules is a violation of a provision of this
chapter.
Subd. 2 .
this chapter:
Conformity with FIFRA.
Rules adopted under
( 1 ) may not allow pesticide use that is prohibited by
FIFRA; or
( 2 ) relating to private applicators of restricted use
pesticides and special local needs registrations, may not be
inconsistent with the requirements of FIFRA.
Pesticide use, handling, and disposal. The
Subd. 3 .
commissioner shall adopt rules to govern the distribution, use,
storage, handling, and disposal of pesticides, rinsates, and
pesticide containers.
HIST: 1 9 8 7 c 3 5 8 s 4 8 ; 1 9 9 5 c 2 3 3 art 2 s 5 6
==18B.063
18B.063 State uses of pesticides and nutrients.
The state shall use integrated pest management techniques
in its management of public lands, including roadside
rights-of-way, parks, and forests; and shall use planting
regimes that minimize the need for pesticides and added
nutrients.
HIST: 1989 c 326 art 5 s 18
==18B.064
18B.064 Pesticide use information.
The commissioner shall monitor urban and rural pesticide
use on a biennial basis. Information shall be collected and
automated consistent with section 103B.151, subdivision 1.
HIST: 1989 c 326 art 5 s 19; 1990 c 391 art 10 s 3
==18B.065
18B.065 Waste pesticide collection program.
Subdivision 1.
Collection and disposal. The
commissioner of agriculture shall establish and operate a
program to collect waste pesticides. The program shall be made
available to pesticide end users whose waste generating activity
occurs in this state.
Subd. 2.
Implementation. (a) The commissioner may
obtain a United States Environmental Protection Agency hazardous
waste identification number to manage the waste pesticides
collected.
(b) The commissioner may limit the type and quantity of
waste pesticides accepted for collection and may assess
pesticide end users for portions of the costs incurred.
Disposal site requirement. The
Subd. 2a.
commissioner must designate a place that is available at least
every other year for the residents of each county in the state
to dispose of unused portions of pesticides.
Information and education. The commissioner
Subd. 3.
shall provide informational and educational materials regarding
waste pesticides and the proper management of waste pesticides
to the public.
Subd. 4.
Consultation with Pollution Control Agency.
The commissioner shall develop the program in this section in
consultation and cooperation with the Pollution Control Agency.
Subd. 5. Repealed, 1Sp2005 c 1 art 1 s 98
Page 8 of 42
Minnesota Statutes 2005, Chapter 18B,
Subd. 7.
Cooperative agreements. The commissioner
may enter into cooperative agreements with state agencies and
local units of government for administration of the waste
pesticide collection program.
HIST: 1989 c 326 art 5 s 20; 1993 c 367 s 3; 1Sp2001 c 2 s 35
==18B.07
18B.07 Pesticide use, application, and equipment
cleaning.
Subdivision 1.
Pesticide use. Pesticides must be
applied in accordance with the product label or labeling and in
a manner that will not cause unreasonable adverse effects on the
environment within limits prescribed by this chapter and FIFRA.
Subd. 2.
Prohibited pesticide use.
(a) A person may
not use, store, handle, distribute, or dispose of a pesticide,
rinsate, pesticide container, or pesticide application equipment
in a manner:
(1) that is inconsistent with a label or labeling as
defined by FIFRA;
( 2 ) that endangers humans, damages agricultural products,
food, livestock, fish, or wildlife; or
(3) that will cause unreasonable adverse effects on the
environment.
(b) A person may not direct a pesticide onto property
beyond the boundaries of the target site. A person may not
apply a pesticide resulting in damage to adjacent property.
(c) A person may not directly apply a pesticide on a human
by overspray or target site spray, except when:
(1) the pesticide is intended for use on a human;
(2) the pesticide application is for mosquito control
operations;
(3) the pesticide application is for control of gypsy moth,
forest tent caterpillar, or other pest species, as determined by
the commissioner, and the pesticide used is a biological agent;
or
( 4 ) the pesticide application is for a public health risk,
as determined by the commissioner of health, and the
commissioner of health, in consultation with the commissioner of
agriculture, determines that the application is warranted based
on the commissioner's balancing of the public health risk with
the risk that the pesticide application poses to the health of
the general population, with special attention to the health of
children.
Page 9 of 42
(dl For pesticide applications under paragraph (c), clause
(21, the following conditions apply:
(I) no practicable and effective alternative method of
control exists;
(2) the pesticide is among the least toxic available for
control of the target pest; and
(3) notification to residents in the area to be treated is
provided at least 24 hours before application through direct
notification, posting daily on the treating organization's Web
site, if any, and by sending a broadcast e-mail to those persons
who request notification of such, of those areas to be treated
by adult mosquito control techniques during the next calendar
day. For control operations related to human disease, notice
under this paragraph may be given less than 24 hours in advance.
(el For pesticide applications under paragraph (c), clauses
(3) and (4), the following conditions apply:
(1) no practicable and effective alternative method of
control exists;
(2) the pesticide is among the least toxic available for
control of the target pest; and
(3) notification of residents in the area to be treated is
provided by direct notification and through publication in a
newspaper of general circulation within the affected area.
(f) For purposes of this subdivision, "direct notification"
may include mailings, public meetings, posted placards,
neighborhood newsletters, or other means of contact designed to
reach as many residents as possible. Public meetings held to
meet this requirement for adult mosquito control, under
paragraph (dl, must be held within each city or town where the
pesticide treatments are to be made, at a time and location that
is convenient for residents of the area where the treatments
will occur.
(g) A person may not apply a pesticide in a manner so as to
expose a worker in an immediately adjacent, open field.
Subd. 3.
Posting. Sites being treated with
pesticides through irrigation systems must be posted throughout
the period of pesticide treatment. The posting must be done in
accordance with labeling and rules adopted under this chapter.
Pesticide safeguards a t application s i t e s .
Subd. 4.
A person may not allow a pesticide, rinsate, or unrinsed
pesticide container to be stored, kept, or to remain in or on
any site without safeguards adequate to prevent an incident.
Subd. 5.
equipment.
Use of public water supplies f o r f i l l i n g
A person may not fill pesticide application
equipment directly from a public water supply, as defined in
section 144.382, unless the outlet from the public water supply
is equipped with a backflow prevention device that complies with
the Minnesota Plumbing Code under Minnesota Rules, parts
Page 10 of 42
Subd. 6.
U s e of p u b l i c waters f o r f i l l i n g equipment.
(a) A person may not fill pesticide application equipment
directly from public or other waters of the state, as defined in
section 103G.005, subdivision 15, unless the equipment contains
proper and functioning anti-backsiphoning mechanisms. The
person may not introduce pesticides into the application
equipment until after filling the equipment from the public
waters.
(b) This subdivision does not apply to permitted
applications of aquatic pesticides to public waters
Cleaning equipment i n o r near s u r f a c e water
Subd. 7.
(a) A person may not:
( 1 ) clean pesticide application equipment in surface waters
of the state; or
(2) fill or clean pesticide application equipment adjacent
to surface waters, ditches, or wells where, because of the slope
or other conditions, pesticides or materials contaminated with
pesticides could enter or contaminate the surface waters, ground
water, or wells, as a result of overflow, leakage, or other
causes.
(b) This subdivision does not apply to permitted
application of aquatic pesticides to public waters.
Subd. 8.
P e s t i c i d e , r i n s a t e , and c o n t a i n e r d i s p o s a l .
person may only dispose of pesticide, rinsate, and pesticide
containers in accordance with this chapter and FIFRA. The
manner of disposal must not cause unreasonable adverse effects
on the environment.
A
HIST: 1987 c 358 s 49; 1989 c 326 art 5 s 21-24; 1990 c 391
art 8 s 4; 1994 c 482 s 1; 1994 c 619 s 4; 1995 c 95 s 1; 2002 c
369 s 1; 2003 c 127 art 13 s 1; 1Sp2003 c 21 art 11 s 5; 2004 c
254 s 3
==18B.O8
18B.08 Chemigation.
Subdivision 1.
Permit r e q u i r e d .
(a) A person may not
apply pesticides through an irrigation system without a
chemigation permit from the commissioner. A chemigation permit
is required for one or more wells or other sources of irrigation
water that are protected from contamination by devices as
required by rule. The commissioner may allow irrigation to be
used to apply pesticides on crops and land, including
agricultural, nursery, turf, golf course, and greenhouse sites.
(b) A person must apply for a chemigation permit on forms
prescribed by the commissioner.
Pesticide.
A pesticide used under a
Subd. 2.
chemigation permit must be suitable and labeled for application
Page 11 of 42
through an irrigation system.
Equipment. A chemigation system must be
Subd. 3.
fitted with effective antisiphon devices or check valves that
prevent the backflow of pesticides or pesticide-water mixtures
into water supplies or other materials during times of
irrigation system failure or equipment shutdown. The devices or
valves must be installed between:
(1) the irrigation system pump or water source discharge
and the point of pesticide injection; and
(2) the point of pesticide injection and the pesticide
supply.
Subd. 4.
Application fee. A person applying for a
chemigation permit must pay a nonrefundable application fee of
$250. A person who holds a fertilizer chemigation permit under
section 18C.205, is exempt from the fee in this subdivision.
HIST: 1987 c 358 s 50; 1989 c 326 art 5 s 25-27; 1Sp2005 c 1
art 1 s 16
==18B.09
188.09 Pesticide application in cities
Subdivision 1.
Applicability. This section applies
only to statutory and home rule charter cities that enact
ordinances as provided in this section.
Authority. Statutory and home rule charter
Subd. 2.
cities may enact an ordinance containing the pesticide
application warning information contained in subdivision 3,
including their own licensing, penalty, and enforcement
provisions. Statutory and home rule charter cities may not
enact an ordinance that contains more restrictive pesticide
application warning information than is contained in subdivision
3.
Subd. 3.
Warning signs for pesticide application. (a)
All commercial or noncommercial applicators who apply pesticides
to turf areas must post or affix warning signs on the property
where the pesticides are applied.
(b) Warning signs must project at least 18 inches above the
top of the grass line. The warning signs must be of a material
that is rain-resistant for at least a 48-hour period and must
remain in place up to 48 hours from the time of initial
application.
(c) The following information must be printed on the
warning sign in contrasting colors and capitalized letters
measuring at least one-half inch, or in another format approved
by the commissioner. The sign must provide the following
information:
Page 12 of 42
Page 13 of 42
(1) the name of the business organization, entity, or
person applying the pesticide; and
(2) the following language: "This area chemically treated.
Keep children and pets off until . . . (date of safe entry) . . . " or
a universally accepted symbol and text approved by the
commissioner that is recognized as having the same meaning or
intent as specified in this paragraph. The warning sign may
include the name of the pesticide used.
(d) The warning sign must be posted on a lawn or yard
between two feet and five feet from the sidewalk or street. For
parks, golf courses, athletic fields, playgrounds, or other
similar recreational property, the warning signs must be posted
immediately adjacent to areas within the property where
pesticides have been applied and at or near the entrances to the
property.
HIST: 1987 c 358 s 51
==18B. 095
18B.095 Pesticide application in schools.
Subdivision 1.
Authorized applicators. To the extent
authorized under this chapter, application of a pesticide to the
inside or outdoor property of a Minnesota kindergarten through
12th grade public school must be performed by a:
(1) structural pest control applicator;
( 2 ) commercial or noncommercial pesticide applicator with
appropriate use category certification; or
(3) school pest management coordinator or a school employee
with school pest management knowledge.
Exemption. Pesticides determined by the
Subd. 2.
commissioner to be sanitizers or disinfectants are exempt from
subdivision 1.
Subd. 3.
Registry and information. The commissioner,
in consultation with the Departments of Health; Administration;
and Education; the University of Minnesota Extension Service;
the Minnesota School Boards Association; and other persons as
necessary and appropriate, must:
(1) establish and maintain a registry of school pest
management coordinators; and
(2) provide information on a regular and periodic basis to
school pest management coordinators on pest management
techniques and programs, including model school policies; proper
pesticide use, storage, handling, and disposal; and other
relevant pesticide and pest management information.
HIST: 1Sp2001 c 2 s 36; 2003 c 130
S
12
==18B.10
18B.10 Action to prevent groundwater contamination.
(a) The commissioner may, by rule, special order, or
delegation through written regulatory agreement with officials
of other approved agencies, take action necessary to prevent the
contamination of groundwater resulting from leaching of
pesticides through the soil, from the backsiphoning or
backflowing of pesticides through water wells, or from the
direct flowage of pesticides to groundwater.
(b) With owner consent, the commissioner may use private
water wells throughout the state to monitor for the presence of
agricultural pesticides and other industrial chemicals in
groundwater. The specific locations and land owners shall not
be identifiable. The owner or user of a private water well
sampled by the commissioner must be given access to test results
HIST: 1987 c 358 s 52; 2003 c 128 art 3 s 25
==18B.11
18B.11 Sale or use of TCDD.
A person may not sell, offer for sale, or use a pesticide
containing in excess of 0.1 parts per million of 2,3,7,
8-tetrachlorodibenzo-para-dioxin (TCDD).
HIST: 1987 c 358 s 53
==18B.115
18B.115 Sale or use of chlordane or heptachlor.
The state, a state agency, a political subdivision of the
state, a person, or other legal entity may not sell, use, or
apply the pesticide chlordane or its derivative heptachlor
within the state.
HIST: 1989 c 326 art 5 s 28
==18B.12
18B.12 Sale and distribution of adulterated pesticides
A person may not offer for sale or distribute a pesticide
that is determined by the commissioner to be adulterated,
including a pesticide that has:
(1) a strength or purity that does not meet the standard of
quality expressed on its label;
(2) a constituent entirely or partially substituted; or
(3) an important or necessary constituent entirely or
partially removed.
Page 14 of 42
HIST: 1987 c 358 s 54
==18B.13
18B.13 Sale and distribution of misbranded pesticides
and devices.
A person may not offer for sale or distribute a pesticide
or device determined by the commissioner to be misbranded,
including a pesticide or device that:
( 1 ) is an imitation of or is offered for sale under the
name of another pesticide or device; or
(2) does not comply with the labeling requirements under
this chapter or F I F W .
==l8B. 1 3 5
18B.135 Sale of pesticides in returnable containers and
management of unused portions.
Subdivision 1.
Acceptance of pesticide containers.
(a) A person distributing, offering for sale, or selling a
pesticide must accept empty pesticide containers from a
pesticide end user if:
(1) the person does not participate in a designated
collection program for pesticide containers after July 1, 1994;
(2) the empty container is prepared for disposal in
accordance with label instructions and is returned to the place
of purchase within the state; and
(3) a collection site that is seasonably accessible on
multiple days has not been designated either by the county board
or by agreement with other counties, the agricultural chemical
dealer(s) in their respective counties, or the commissioner for
the public to return empty pesticide containers for the purpose
of reuse or recycling or following other approved management
practices for pesticide containers in the order of preference
established in section 115A.02, paragraph (b), and the county or
counties have notified the commissioner of their intentions
annually by February 1, in writing, to manage the empty
(b) This subdivision does not prohibit the use of
refillable and reusable pesticide containers.
(c) A person who has been notified by the county or
counties of the designated collection site and who sells
pesticides to a pesticide end user must notify purchasers of
pesticides at the time of sale of the date and location
designated for disposal of empty containers.
Page 15 of 42
(d) For purposes of this section, pesticide containers do
not include containers that have held sanitizers and
disinfectants, containers made of metal or paper, plastic bags,
bag-in-a-box, water soluble bags, and aerosol packaging,
pesticides labeled primarily for use on humans or pets, or
pesticides not requiring dilution or mixing.
Rules. The commissioner may adopt rules to
Subd. 2.
implement this section, including procedures and standards
prescribing the exemption of certain pesticide products and
HIST: 1989 c 326 art 5 s 29; 1993 c 367 s 4; 1994 c 557 s 9
==18B.14
18B.14 Pesticide storage.
Subdivision 1.
Display and storage. (a) A person may
store or display pesticides and their containers only in the
original container and separated from food, feed, seed,
livestock remedies, drugs, plants, and other products or
materials stored, displayed, or offered for sale in a manner
that prevents contamination which would cause injury or damage
to the other products or materials.
( b ) A person may not allow open pesticide containers to be
displayed for sale under any circumstances.
Bulk pesticide storage. (a) A person
Subd. 2.
storing pesticides in containers of a rated capacity of 500
gallons or more for more than ten consecutive days at a bulk
pesticide storage facility must obtain a pesticide storage
permit from the commissioner as required by rule.
(b) Applications must be on forms provided by the
commissioner containing information established by rule. The
initial application for a permit must be accompanied by a
nonrefundable application fee of $100 for each location where
the pesticides are stored. An application for a facility that
includes both fertilizers as regulated under chapter 18C and
bulk pesticides as regulated under this chapter shall pay only
one application fee of $100.
(c) The commissioner shall by rule develop and implement a
program to regulate bulk pesticides. The rules must include
installation of secondary containment devices, storage site
security, safeguards, notification of storage site locations,
criteria for permit approval, a schedule for compliance, and
other appropriate requirements necessary to minimize potential
adverse effects on the environment. The rules must conform with
existing rules of the Pollution Control Agency.
(d) A person must obtain a permit from the commissioner on
forms provided by the commissioner before the person constructs
or substantially alters a bulk pesticide storage facility. If
an application is incomplete, the commissioner must notify the
applicant as soon as possible. The permit must be acted upon
within 30 days after receiving a completed application.
Page 16 of 42
(e) An application to substantially alter a facility must
be accompanied by a $50 fee. An application for a facility that
includes both fertilizers regulated under chapter 18C and bulk
pesticides regulated under this chapter shall pay only one
application fee of $50.
(f) An additional fee of $250 must be paid by a person who
begins construction of or substantially alters a bulk
agricultural chemical storage facility before a permit is issued
by the commissioner, except that the $250 additional fee may not
be assessed if the person submits a permit application with the
required fee to the commissioner before completing the
construction or substantial alteration.
HIST: 1987 c 358 s 56; 1990 c 597 s 1; 1993 c 367 s 5
==18B.15
1 8 B . 1 5 R e p e a l e d , 1 9 8 9 c 3 2 6 a r t 5 s 53
==18B.16
1 8 B . 1 6 R e p e a l e d , 1 9 8 9 c 3 2 6 a r t 5 s 53
==18B.17
1 8 B . 1 7 C o o p e r a t i v e i n s p e c t i o n and e n f o r c e m e n t a g r e e m e n t s .
Subdivision 1.
Cooperative agreements.
The
commissioner may enter into cooperative agreements with federal
and state agencies for training, certification, inspection, and
enforcement programs and may make reports to the United States
Environmental Protection Agency and other federal agencies as
required or requested. The commissioner may adopt and enforce
federal standards, regulations, or orders relating to pesticide
regulation when determined to be in the best interest of
citizens of the state.
Training agreements.
For purposes of
Subd. 2.
training only, the commissioner may enter into agreements with
qualified public or private organizations that wish to offer
training programs.
HIST: 1987 c 358 s 59
==18B.18
1 8 B . 1 8 R e p e a l e d , 1 9 8 9 c 3 2 6 a r t 5 s 53
==18B.19
1 8 B . 1 9 R e p e a l e d , 1 9 8 9 c 3 2 6 a r t 5 s 53
Page 17 of 42
==18B.20
18B.20 R e p e a l e d , 1989 c 326 art 5 s 53
==18B.21
18B.21 R e p e a l e d , 1989 c 326 art 5 s 53
==18B.22
18B.22 R e p e a l e d , 1989 c 326 art 5 s 53
==18B.23
18B.23 R e p e a l e d , 1989 c 326 art 5 s 53
==18B.24
18B.24 U n s a t i s f i e d j u d g m e n t s .
(a) An applicant for a commercial, noncommercial, or
structural pest control license and a commercial, noncommercial,
or structural pest control applicator may not allow a final
judgment against the applicant or applicator for damages arising
from a violation of a provision of this chapter to remain
unsatisfied for a period of more than 30 days.
(b) Failure to satisfy within 30 days a final judgment
resulting from these pest control activities will result in
automatic suspension of the applicator license.
HIST: 1987 c 358 s 66
==18B.25
18B.25 R e p e a l e d , 1989 c 326 art 5 s 53
==18B.26
18B.26 P e s t i c i d e r e g i s t r a t i o n .
Subdivision I.
Requirement.
(a) Except as provided
in paragraphs (b) to (d), a person may not use or distribute a
pesticide in this state unless it is registered with the
commissioner. Pesticide registrations expire on December 31 of
each year and may be renewed on or before that date for the
following calendar year.
(b) Registration is not required if a pesticide is shipped
from one plant or warehouse to another plant or warehouse
operated by the same person and used solely at the plant or
warehouse as an ingredient in the formulation of a pesticide
that is registered under this chapter.
Page 18 of 42
Minnesota Statutes 2005, Chapter l8B.
(c) An unregistered pesticide that was previously
registered with the commissioner may be used for a period of two
years following the cancellation of the registration of the
pesticide, unless the commissioner determines that the continued
use of the pesticide would cause unreasonable adverse effects on
the environment, or with the written permission of the
commissioner. To use the unregistered pesticide at any time
after the two-year period, the pesticide end user must
demonstrate to the satisfaction of the commissioner, if
requested, that the pesticide has been continuously registered
under a different brand name or by a different manufacturer and
has similar composition, or, the pesticide end user obtains the
written permission of the commissioner.
(d) The commissioner may allow specific pesticide products
that are not registered with the commissioner to be distributed
in this state for use in another state.
(e) Each pesticide with a unique United States
Environmental Protection Agency pesticide registration number or
a unique brand name must be registered with the commissioner.
Application. (a) A person must file an
Subd. 2.
application for registration with the commissioner. The
application must include:
(1) the name and address of the applicant and the name and
address of the person whose name will appear on the label, if
other than the applicant;
(2) the brand. name of the pesticide;
(3) other necessary information required by the
registration application form;
(4) a true and complete copy of the labeling accompanying
the pesticide as provided for in FIFRA; and
( 5 ) current material safety data sheets for each pesticide
(b) As part of the application, the commissioner may
require the submission of any relevant information including the
complete formula of a pesticide, including the active and inert
ingredients. The commissioner may also require the registrant
to supply analytical standards and methods for the pesticide,
pesticide breakdown products, or metabolites.
Application fee. (a) A registrant shall pay
Subd. 3.
an annual application fee for each pesticide to be registered,
and this fee is set at 0.4 percent of annual gross sales within
the state and annual gross sales of pesticides used in the
state, with a minimum nonrefundable fee of $250. The registrant
shall determine when and which pesticides are sold or used in
this state. The registrant shall secure sufficient sales
information of pesticides distributed into this state from
distributors and dealers, regardless of distributor location, to
make a determination. Sales of pesticides in this state and
sales of pesticides for use in this state by out-of-state
distributors are not exempt and must be included in the
registrant's annual report, as required under paragraph (c), and
Page 19 of 42
fees shall be paid by the registrant based upon those reported
sales. Sales of pesticides in the state for use outside of the
state are exempt from the application fee in this paragraph if
the registrant properly documents the sale location and
distributors. A registrant paying more than the minimum fee
shall pay the balance due by March 1 based on the gross sales of
the pesticide by the registrant for the preceding calendar
year. The fee for disinfectants and sanitizers shall be the
minimum. The minimum fee is due by December 31 preceding the
year for which the application for registration is made. The
commissioner shall spend at least $300,000 per fiscal year from
the pesticide regulatory account for the purposes of the waste
pesticide collection program.
(b) An additional fee of $100 must be paid by the applicant
for each pesticide to be registered if the application is a
renewal application that is submitted after December 31.
(c) A registrant must annually report to the commissioner
the amount and type of each registered pesticide sold, offered
for sale, or otherwise distributed in the state. The report
shall be filed by March 1 for the previous year's registration.
The commissioner shall specify the form of the report and
require additional information deemed necessary to determine the
amount and type of pesticides annually distributed in the
state. The information required shall include the brand name,
amount, and formulation of each pesticide sold, offered for
sale, or otherwise distributed in the state, but the information
collected, if made public, shall be reported in a manner which
does not identify a specific brand name in the report.
(d) A registrant who is required to pay more than the
minimum fee for any pesticide under paragraph (a) must pay a
late fee penalty of $100 for each pesticide application fee paid
after March 1 in the year for which the license is to be issued.
Subd. 4.
application.
Effect of registration after renewal
If a registration is in effect on December 31
and a renewal application has been made and the application fee
paid, the registration continues in full force and effect until
the commissioner notifies the applicant that the registration is
denied or canceled, or the renewed registration expires.
Subd. 5.
Review and registration. (a) The
commissioner may not deny the registration of a pesticide
because the commissioner determines the pesticide is not
essential.
(b) The commissioner shall review each application and may
approve, deny, or cancel the registration of any pesticide. The
commissioner may impose state use and distribution restrictions
on a pesticide as part of the registration to prevent
unreasonable adverse effects on the environment.
(c) The commissioner must notify the applicant of the
approval, denial, cancellation, state use or distribution
restrictions.
(d) The applicant may request a hearing on any adverse
action of the commissioner within 30 days after being notified.
Page 20 of 42
Page 21 of 42
(e) The commissioner may exempt pesticides that have been
deregulated or classified as minimum risk by the United States
Environmental Protection Agency from the requirement of
registration.
Discontinuance of registration. To ensure
Subd. 6.
complete withdrawal from distribution or further use of a
pesticide, a person who intends to discontinue a pesticide
registration must:
(1) terminate a further distribution within the state and
continue to register the pesticide annually for two successive
years;
(2) initiate and complete a total recall of the pesticide
from all distribution in the state within 60 days from the date
of notification to the commissioner of intent to discontinue
registration; or
(3) submit to the commissioner evidence adequate to
document that no distribution of the registered pesticide has
occurred in the state.
HIST: 1987 c 358's 68; 1989 c 326 art 5 s 30-33; 1990 c 597 s
2; 1991 c 309 s 11; 1992 c 439 s 1; 1992 c 513 art 2 s 15; 1992
c 603 s 22; 1993 c 226 s 15; 1993 c 367 s 6,7; 1999 c 6 s 1;
1999 c 231 s 39; 2003 c 128 art 3 s 26; 1Sp2005 c 1 art 1 s 17
==18B.27
18B.27 Pesticide registration for special local needs.
Subdivision 1.
Application. (a) A person must file
an application for a special local need application with the
commissioner. The application must meet the requirements of
section 18B.26, subdivision 2, and the commissioner may require
other relevant information.
(b) The commissioner may require a full description of
tests and test results upon which claims are based for:
(1) a pesticide use that is not registered under section
18B.26 or FIFRA; or
(2) a pesticide on which restrictions are being considered.
(c) The applicant may request in writing privacy of
information submitted as provided in section
w.
Subd. 2.
Application review. (a) After reviewing the
application accompanied by the application fee, the commissioner
shall, subject to the terms and conditions of the authorization
by the administrator of the United States Environmental
Protection Agency to register pesticides to meet special local
needs, register pesticides if the commissioner determines that:
(1) the pesticide's composition warrants the proposed
claims for the pesticide;
(2) the pesticide's label and other material required to be
submitted comply with this chapter;
(3) the pesticide will perform its intended function
without unreasonable adverse effect on the environment;
( 4 ) the pesticide will not generally cause unreasonable
adverse effects on the environment when used in accordance with
label directions; and
(5) a special local need for the pesticide exists
(b) The commissioner may revoke or modify a special local
need registration if the commissioner determines that the terms
or conditions of the registration do not comply with paragraph
(a).
Subd. 3.
Application fee. An application fee for a
special local need registration must be accompanied by a
nonrefundable fee of $150.
HIST: 1987 c 358 s 69; 1990 c 597 s 3
==18B.28
18B.28 Experimental use pesticide product registration.
Subdivision 1.
Requirement. A person may not use or
distribute an experimental use pesticide product in the state
until it is registered with the commissioner. Experimental use
pesticide product registrations expire on December 31 of each
year and may be renewed on or before that date.
Application review and registration. (a)
Subd. 2.
After reviewing the application accompanied by the application
fee, the commissioner may issue an experimental use pesticide
product registration if the commissioner determines that the
applicant needs the registration to accumulate information
necessary to register a pesticide under section 18B.26. The
commissioner may prescribe terms, conditions, and a limited
period of time for the experimental use product registration.
After an experimental use pesticide product registration is
issued, the commissioner may revoke or modify the registration
at any time if the commissioner finds that its terms or
conditions are being violated or are inadequate to avoid
unreasonable adverse effects on the environment.
(b) The commissioner may deny issuance of an experimental
use pesticide product registration permit if the commissioner
determines that issuance of a registration is not warranted or
that the use to be made of the pesticide under the proposed
terms and conditions may cause unreasonable adverse effects on
the environment.
Subd. 3.
Application. A person must file an
application for experimental use pesticide product registration
with the commissioner. An application to register an
experimental use pesticide product must include:
Page 22 of 42
( 1 ) the name and address of the applicant;
(2) a federal Environmental Protection Agency approval
document;
(3) the purpose or objectives of the experimental use
product;
(4) an accepted experimental use pesticide product label;
( 5 ) the name, address, and telephone number of cooperators
or participants in this state;
(6) the amount of material to be shipped or used in this
state; and
( 7 ) other information requested by the commissioner.
Application fee. (a) An application for
Subd. 4.
registration of an experimental use pesticide product must be
accompanied by a nonrefundable application fee of $150.
(b) An additional fee of $200 must be paid by the applicant
for each pesticide distributed or used in the state before an
initial experimental use pesticide product registration was
issued for the pesticide.
HIST: 1987 c 358 s 70; 1990 c 597 s 4
==18B.285
18B.285 Experimental genetically engineered pesticide
product registration.
Subdivision 1.
Requirement. (a) A person may not
use, distribute, or conduct release experiments with a
genetically engineered pesticide in any amount in the state
until it is registered under this section or section 18B.26.
Use, distribution, or release of a genetically engineered
pesticide must be registered under this section until the
commissioner determines by rule or order that the genetically
engineered pesticide may be subject to section 188.26.
Experimental genetically engineered pesticide product
registrations expire on December 31 of each year and may be
renewed on or before that date.
(b) After reviewing a completed application, the
commissioner may issue an experimental genetically engineered
pesticide product registration if the commissioner determines
that the applicant has adequately demonstrated that the proposed
release does not have the potential for unreasonable adverse
effects on the environment. The commissioner may prescribe
terms and conditions, including, but not limited to, the period
for the experimental genetically engineered pesticide product
registration, the amount or number of genetically engineered
pesticide product to be used, monitoring activities, department
inspection schedules, reporting of experiment results, and
experiment termination procedures. A person may not violate
Page 23 of 42
terms or conditions of a registration issued under this section.
After an experimental genetically engineered pesticide product
registration is issued, the commissioner may revoke or change
the registration at any time if the commissioner finds that its
terms or conditions are being violated or are inadequate to
avoid unreasonable adverse effects on the environment.
(c) The commissioner may deny issuance of an experimental
genetically engineered pesticide product registration if the
commissioner determines that the use to be made of the pesticide
under the proposed terms and conditions may cause unreasonable
adverse effects on the environment.
Application. A person must file an
Subd. 2.
application for experimental genetically engineered pesticide
product registration with the commissioner. An application to
register an experimental genetically engineered pesticide
product must include:
(1) the name and address of the applicant;
(2) any United States Environmental Protection Agency
regulatory application or approval document required under
federal law or rule;
(3) the purpose or objectives of the product;
(4) an experimental genetically engineered pesticide
product use label;
( 5 ) the name, address, and telephone number of cooperators
or participants in this state;
( 6 ) the amount of material to be shipped or used in this
state; and
(7) other information requested by the commissioner.
Application fee. An application for
Subd. 3.
registration of an experimental genetically engineered pesticide
product must be accompanied by a nonrefundable application fee
of $125.
HIST: 1991 c 250 s 10
==18B.29
18B.29 Reciprocal licensing and certification agreements.
The commissioner may waive all or part of the examination
requirements provided for in sections 18B.29 to 18B.35 on a
reciprocal basis with any other jurisdiction which has
substantially the same requirements. Licenses or certificates
issued under sections 18B.29 to 18B.35 may be suspended or
revoked upon suspension or revocation of the license or
certificate of another jurisdiction supporting the issuance of a
Minnesota license or certificate and in the same manner as other
licenses and certificates.
Page 24 of 42
HIST: 1987 c 358 s 71
==18B.30
18B.30 P e s t i c i d e u s e l i c e n s e requirement.
A person may not use a restricted use pesticide without a
license or certification required under sections 18B.29 to
18B.35 and the use may only be done under conditions prescribed
by the commissioner.
==18B.305
18B.305 P e s t i c i d e e d u c a t i o n and t r a i n i n g .
Subdivision 1.
Education and t r a i n i n g .
(a) The
commissioner shall develop, in conjunction with the University
of Minnesota Extension Service, innovative educational and
training programs addressing pesticide concerns including:
(1) water quality protection;
(2) endangered species;
(3) pesticide residues in food and water;
(4) worker protection;
(5) chronic toxicity;
( 6 ) integrated pest management; and
(7) pesticide disposal.
(b) The commissioner shall appoint educational planning
committees which must include representatives of industry.
(c) Specific current regulatory concerns must be discussed
and, if appropriate, incorporated into each training session.
(dl The commissioner may approve programs from private
industry and nonprofit organizations that meet minimum
requirements for education, training, and certification.
T r a i n i n g manual and examination development.
Subd. 2.
The commissioner, in conjunction with the University of
Minnesota Extension Service, shall continually revise and update
pesticide applicator training manuals and examinations. The
manuals and examinations must be written to meet or exceed the
minimum standards required by the United States Environmental
Protection Agency and pertinent state specific information.
Questions in the examinations must be determined by the
responsible agencies. Manuals and examinations must include
pesticide management practices that discuss prevention of
pesticide occurrence in groundwaters of the state.
Page 25 of 42
Subd. 3.
Pesticide Applicator Education and Examination
(a) The commissioner shall establish and chair
a Pesticide Applicator Education and Examination Review Board.
This board, consisting of 15 members, must meet at least once a
year before the initiation of pesticide educational planning
programs. The purpose of the board is to discuss topics of
current concern that can be incorporated into pesticide
applicator training sessions and appropriate examinations. This
board shall review and evaluate the various educational programs
recently conducted and recommend options to increase overall
effectiveness.
Review Board.
(b) Membership on this board must include applicators
representing various licensing categories, such as agriculture,
turf and ornamental, aerial, aquatic, and structural pest
control and private pesticide applicators, and other
governmental agencies, including the University of Minnesota,
the Pollution Control Agency, Department of Health, Department
of Natural Resources, and Department of Transportation.
(c) Membership on the board must include representatives
from environmental protection organizations.
(d) This board shall review licensing and certification
requirements for private, commercial, and noncommercial
applicators. This board shall review category requirements and
provide recommendations to the commissioner. This board expires
on June 30, 2003.
HIST: 1989 c 326 art 5 s 34; 1997 c 192 s 13; 2001 c 161 s 8
==18B.31
18B.31 Pesticide dealer license
Subdivision 1.
Requirement. (a) Except as provided
in paragraph (b),no fixed location may offer for sale or sell a
restricted use or bulk pesticide to a pesticide end user without
a pesticide dealer license.
(b) A pesticide dealer license is not required for:
(1) a licensed commercial applicator, noncommercial
applicator, or structural pest control applicator who uses
restricted use pesticides only as an integral part of a
pesticide application service;
( 2 ) a federal, state, county, or municipal agency using
restricted use pesticides for its own programs;
(3) a licensed
veterinarian when
pesticide for use
or veterinarian's
pharmacist, physician, dentist, or
administering or dispensing a restricted use
in the pharmacist's, physician's, dentist's,
practice; or
(4) a person at a fixed location that is not used to offer
for sale or sell restricted use or bulk pesticides including,
but not limited to, warehouses or other storage sites.
Page 26 of 42
(c) A licensed pesticide dealer may sell restricted use
pesticides only to an applicator licensed or certified by the
commissioner, unless a sale is allowed by rule.
(d) A pesticide dealer license is required for an
individual not located in Minnesota who offers for sale or sells
a restricted use or bulk pesticide to a pesticide end user
located irl Minnesota.
(e) Only one pesticide dealer license is required per fixed
location from which a restricted use or bulk pesticide is
offered for sale or sold to a pesticide end user.
Subd. 2 .
Responsibility. A pesticide dealer is
responsible for the acts of a person who assists the dealer in
the solicitation and sale of restricted use pesticides.
Subd. 3.
License.
A pesticide dealer license:
(1) expires on December 31 of each year unless it is
suspended or revoked before that date;
(2) is not transferable to another location; and
(3) must be prominently displayed to the public in the
pesticide dealer's place of business.
Subd. 4.
Application. (a) A person must apply to the
commissioner for a pesticide dealer license on the forms and in
the manner required by the commissioner.
(b) The commissioner may require an additional
demonstration of dealer qualification if the dealer has had a
license suspended or revoked, or has otherwise had a history of
violations of this chapter.
Application fee. (a) An application for a
Subd. 5.
pesticide dealer license must be accompanied by a nonrefundable
application fee of $150.
(b) If an application for renewal of a pesticide dealer
license is not filed before January 1 of the year for which the
license is to be issued, an additional fee of $20 must be paid
by the applicant before the license is issued.
HIST: 1987 c 358 s 73; 1989 c 326 art 5 s 35-37; 1993 c 367 s
8; 1995 c 95 s 2; 1Sp2005 c 1 art 1 s 18
==188.315
188.315 Aquatic pest control license.
Subdivision 1.
engage in aquatic pest control applications:
(1) for hire without an aquatic pest control license; and
(2) as a sole proprietorship, company, partnership, or
corporation unless the person is or employs a licensed master in
Page 27 of 42
aquatic pest control operations.
(b) An aquatic pest control licensee must have a valid
license identification card when applying pesticides for hire
and must display it upon demand by an authorized representative
of the commissioner or law enforcement officer. The license
identification card must contain information required by the
commissioner.
Subd. 2.
license:
Licenses.
(a) An aquatic pest control
(1) expires on December 31 of the year for which the
license is issued;
(2) is not transferable; and
aquatic pest controller's place of business.
(b) The commissioner shall establish categories of master
and journeyman for a person to be licensed under an aquatic pest
control license.
Subd. 3.
commissioner for an aquatic pest control license on forms and in
a manner required by the commissioner. The commissioner shall
require the applicant to pass a written, closed-book, monitored
examination or oral examination, or both, and may also require a
practical demonstration regarding aquatic pest control. The
commissioner shall establish the examination procedure,
including the phases and contents of the examination.
(hi The commissioner may license a person as a master under
an aquatic pest control license if the person has the necessary
qualifications through knowledge and experience to properly
plan, determine, and supervise the selection and application of
pesticides in aquatic pest control. To demonstrate the
qualifications and become licensed as a master under the aquatic
pest control license, a person must:
(1) pass a closed-book test administered by the
commissioner;
(2) have direct experience as a licensed journeyman under
an aquatic pest control license for at least two years by this
state or a state with equivalent certification requirements, or
have at least 1,600 hours of qualifying experience in the
previous four years as determined by the commissioner; and
(3) show practical knowledge and field experience under
clause (2) in the actual selection and application of pesticides
under varying conditions.
( c ) The commissioner may license a person as a journeyman
under an aquatic pest control license if the person:
(1) has the necessary qualifications in the practical
selection and application of pesticides;
Page 28 of 42
(2) has passed a closed-book examination given by the
commissioner; and
(3) is engaged as an employee of or is working under the
direction of a person licensed as a master under an aquatic pest
control license.
Renewal. (a) An aquatic pest control
Subd. 4.
applicator license may be renewed on or before the expiration of
an existing license subject to reexamination, attendance at
workshops approved by the commissioner, or other requirements
imposed by the commissioner to provide the applicator with
information regarding changing technology and to help assure a
continuing level of competency and ability to use pesticides
safely and properly. The commissioner may require an additional
demonstration of applicator qualification if the applicator has
had a license suspended or revoked or has otherwise had a
history of violations of this chapter.
(b) If a person fails to renew an aquatic pest control
license within three months of its expiration, the person must
obtain an aquatic pest control license subject to the
requirements, procedures, and fees required for an initial
license.
Financial responsibility. (a) An aquatic
Subd. 5.
pest control license may not be issued unless the applicant
furnishes proof of financial responsibility. The financial
responsibility may be demonstrated by:
(1) proof of net assets equal to or greater than $50,000;
or
(2) a performance bond or insurance of a kind and in an
amount determined by the commissioner.
(b) The bond or insurance must cover a period of time at
least equal to the term of the applicant's license. The
commissioner shall immediately suspend the license of a person
who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision
requiring the insurance or bonding company to notify the
commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or
insurance. If there is recovery against the bond or insurance,
additional coverage must be secured to maintain financial
responsibility equal to the original amount required.
(c) An employee of a licensed person is not required to
maintain an insurance policy or bond during the time the
employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended
under this section must be accompanied by proof of satisfaction
of judgments previously rendered.
Fees. (a) An applicant for an aquatic pest
Subd. 6.
control license for a business must pay a nonrefundable
application fee of $200. An employee of a licensed business
must pay a nonrefundable application fee of $50 for an
Page 29 o f 42
individual aquatic pest control license
(b) An application received after expiration of the aquatic
pest control license is subject to a penalty of 50 percent of
the application fee.
(c) An applicant that meets renewal requirements by
reexamination instead of attending workshops must pay the
equivalent workshop fee for the reexamination as determined by
the commissioner.
HIST: 1996 c 330 s 4; 1Sp2005 c 1 art 1 s 19
==18B.32
188.32 Structural p e s t control l i c e n s e .
Subdivision 1.
Requirement.
(a) A person may not
engage in structural pest control applications:
(1) for hire without a structural pest control license; and
(2) as a sole proprietorship, company, partnership, or
corporation unless the person is or employs a licensed master in
structural pest control operations.
(b) A structural pest control licensee must have a valid
of the commissioner or a law enforcement officer. The license
identification card must contain information required by the
commissioner.
(c) Notwithstanding the licensing requirements of this
subdivision, a person may control the following nuisance or
economically damaging wild animals, by trapping, without a
structural pest control license:
(1) fur-bearing animals, as defined in section 97A.015,
with a valid trapping license or special permit from the
commissioner of natural resources; and
(2) skunks, woodchucks, gophers, porcupines, coyotes,
moles, and weasels.
Subd. 2.
license:
Licenses.
(a) A structural pest control
(1) expires on December 31 of the year for which the
license is issued;
structural pest controller's place of business.
(b) The commissioner shall establish categories of master,
journeyman, and fumigator for a person to be licensed under a
structural pest control license.
Page 30 of 42
Subd. 3.
commissioner for a structural pest control license on forms and
in the manner required by the commissioner. The commissioner
shall require the applicant to pass a written, closed-book,
monitored examination or oral examination, or both, and may also
require a practical demonstration regarding structural pest
control. The commissioner shall establish the examination
procedure, including the phases and contents of the examination.
(b) The commissioner may license a person as a master under
a structural pest control license if the person has the
necessary qualifications through knowledge and experience to
properly plan, determine, and supervise the selection and
application of pesticides in structural pest control. To
demonstrate the qualifications and become licensed as a master
under a structural pest control license, a person must:
(1) pass a closed-book test administered by the
commissioner;
(2) have direct experience as a licensed journeyman under a
structural pest control license for at least two years by this
state or a state with equivalent certification requirements or
as a full-time licensed master in another state with equivalent
certification requirements; and
(3) show practical knowledge and field experience under
clause (2) in the actual selection and application of pesticides
under varying conditions.
(c) The commissioner may license a person as a journeyman
under a structural pest control license if the person:
(1) has the necessary qualifications in the practical
selection and application of pesticides;
commissioner; and
(3) is engaged as an employee of or is working under the
direction of a person licensed as a master under a structural
pest control license.
(d) The commissioner may license a person as a fumigator
under a structural pest control license if the person:
(1) has knowledge of the practical selection and
application of fumigants;
commissioner; and
(3) is licensed by the commissioner as a master or
journeyman under a structural pest control license.
Subd. 4.
Renewal. (a) A structural pest control
applicator license may be renewed on or before the expiration of
an existing license subject to reexamination, attendance at
workshops approved by the commissioner, or other requirements
Page 31 of 42
imposed by the commissioner to provide the applicator with
information regarding changing technology and to help assure a
continuing level of competency and ability to use pesticides
safely and properly. The commissioner may require an additional
demonstration of applicator qualification if the applicator has
had a license suspended or revoked or has otherwise had a
history of violations of this chapter.
(b) If a person fails to renew a structural pest control
license within three months of its expiration, the person must
obtain a structural pest control license subject to the
requirements, procedures, and fees required for an initial
license.
Financial responsibility. (a) A structural
Subd. 5.
pest control license may not be issued unless the applicant
responsibility may be demonstrated by:
(1) proof of net assets equal to or greater than $50,000;
or
(2) a performance bond or insurance of a kind and in an
amount determined by the commissioner.
commissioner must immediately suspend the license of a person
under the provisions of this section must be accompanied by
proof of satisfaction of judgments previously rendered.
Subd. 6.
Fees. (a) An applicant for a structural
pest control license for a business must pay a nonrefundable
application fee of $200. An employee of a licensed business
must pay a nonrefundable application fee of $50 for an
individual structural pest control license.
(b) An application received after expiration of the
structural pest control license is subject to a penalty fee of
50 percent of the application fee.
(c) An applicant that meets renewal requirements by
the commissioner.
Page 32 of 42
HIST: 1987 c 358 s 74; 1989 c 326 art 5 s 38; 1993 c 283 s 1;
1994 c 623 art 1 s 8; 1996 c 330 s 5; 1Sp2005 c 1 art 1 s 20
==18B.33
18B.33 Commercial applicator license.
Subdivision 1.
apply a pesticide for hire without a commercial applicator
license for the appropriate use categories or a structural pest
control license or aquatic pest control license.
(b) A person with a commercial applicator license may not
apply pesticides on or into surface waters without an aquatic
pest control license under section 18B.315, except an aquatic
pest control license is not required for licensed commercial
applicators applying pesticides for the purposes of:
(1) pest control on cultivated wild rice;
(2) mosquito and black fly control operations;
(3) pest control on rights-of-way;
( 4 ) aerial pest control operations for emergent vegetation
control;
(5) aerial application of piscicides; and
(6) pest control for silvicultural operations
(c) A commercial applicator licensee must have a valid
of the commissioner or a law enforcement officer. The
commissioner shall prescribe the information required on the
license identification card.
Subd. 2.
Responsibility. A person required to be
licensed under this section who performs pesticide applications
for hire or who employs a licensed applicator to perform
pesticide application for pro rata compensation is responsible
for proper application of the pesticide or device.
Subd. 3.
License.
A commercial applicator license:
(1) expires on December 31 of the year for which it is
issued, unless suspended or revoked before that date;
(2) is not transferable to another person; and
commercial applicator's place of business.
Subd. 4.
commissioner for a commercial applicator license on forms and in
the manner required by the commissioner. The commissioner must
prescribe and administer a closed-book, monitored examination,
or equivalent measure to determine if the applicant is eligible
Page 33 of 42
for the commercial applicator license
(b) Aerial applicators must also fulfill applicable
requirements in chapter 360.
Renewal application. (a) A person must
Subd. 5.
apply to the commissioner to renew a commercial applicator
license. The commissioner may renew a commercial applicator
license accompanied by the application fee, subject to
reexamination, attendance at workshops approved by the
commissioner, or other requirements imposed by the commissioner
to provide the applicator with information regarding changing
technology and to help assure a continuing level of competence
and ability to use pesticides safely and properly. The
applicant may renew a commercial applicator license within 12
months after expiration of the license without having to meet
initial testing requirements. The commissioner may require
additional demonstration of applicator qualification if a person
has had a license suspended or revoked or has had a history of
violations of this chapter.
(b) An applicant that meets renewal requirements by
the commissioner.
Subd. 6.
Financial responsibility. (a) A commercial
applicator license may not be issued unless the applicant
responsibility may be demonstrated by: (1) proof of net assets
equal to or greater than $50,000; or (2) by a performance bond
or insurance of the kind and in an amount determined by the
commissioner.
commissioner must immediately suspend the license of a person
under the provisions of this section must be accompanied by
proof of satisfaction of judgments previously rendered.
Application fees.
(a) A person initially
Subd. 7.
applying for or renewing a commercial applicator license must
pay a nonrefundable application fee of $50.
(b) A license renewal application received after March 1 in
the year for which the license is to be issued is subject to a
Page 34 of 42
penalty fee of 50 percent of the application fee. The penalty
fee must be paid before the renewal license may be issued.
(c) An application for a duplicate commercial applicator
license must be accompanied by a nonrefundable application fee
of $10.
H I S T : 1987 c 358 s 75; 1989 c 326 art 5 s 39-41; 1993 c 283 s
2,3; 1996 c 330 s 6; 1997 c 7 art 1 s 8; 1Sp2005 c 1 art 1 s 21
==18B.34
18B.34 Noncommercial applicator license.
Subdivision 1.
Requirement. (a) Except for a
licensed commercial applicator, certified private applicator, a
licensed aquatic pest control applicator, or licensed structural
pest control applicator, a person, including a government
employee, may not use a restricted use pesticide in performance
of official duties without having a noncommercial applicator
license for an appropriate use category.
(b) A licensed noncommercial applicator may not apply
pesticides into or on surface waters without an aquatic pest
control license, except an aquatic pest control license is not
required for licensed noncommercial applicators applying
pesticides for the purposes of:
(1) mosquito and black fly control operations;
(2) pest control on rights-of-way;
(3) pest control operations for purple loosestrife control;
(4) application of piscicides; and
(5) pest control for silvicultural operations
(c) A licensee must have a valid license identification
card when applying pesticides and must display it upon demand by
an authorized representative of the commissioner or a law
enforcement officer. The license identification card must
contain information required by the commissioner.
Subd. 2.
License.
A noncommercial applicator license:
(1) expires on December 31 of the year for which it is
issued unless suspended or revoked before that date;
noncommercial applicator's place of business.
Subd. 3.
Application. A person must apply to the
commissioner for a noncommercial applicator license on forms and
in the manner required by the commissioner. The commissioner
must prescribe and administer a closed-book, monitored
examination, or equivalent measure to determine if the applicant
Page 35 of 42
is eligible to acquire a noncommercial applicator license.
Renewal. (a) A person must apply to the
Subd. 4.
commissioner to renew a noncommercial applicator license. The
commissioner may renew a license subject to reexamination,
attendance at workshops approved by the commissioner, or other
requirements imposed by the commissioner to provide the
applicator with information regarding changing technology and to
help assure a continuing level of competence and ability to use
pesticides safely and properly. The commissioner may require an
additional demonstration of applicator qualification if the
applicator has had a license suspended or revoked or has
otherwise had a history of violations of this chapter.
(b) An applicant that meets renewal requirements by
the commissioner.
(c) An applicant has 12 months to renew the license after
expiration without having to meet initial testing requirements.
Subd. 5.
Fees. (a) A person initially applying for
or renewing a noncommercial applicator license must pay a
nonrefundable application fee of $50, except an applicant who is
a government or Minnesota Conservation Corps employee who uses
pesticides in the course of performing official duties must pay
a nonrefundable application fee of $10.
(b) A license renewal application received after March 1 in
the year for which the license is to be issued is subject to a
penalty fee of 50 percent of the application fee. The penalty
fee must be paid before the renewal license may be issued.
(c) An application for a duplicate noncommercial applicator
license must be accompanied by a nonrefundable application fee
of $10.
HIST: 1987 c 358 s 76; 1989 c 326 art 5 s 42-44; 1993 c 283 s
4 3 ; 1996 c 330 s 7; 1Sp2005 c 1 art 1 s 22
==18B.345
18B.345 Pesticide application on golf courses.
(a1 Application of a pesticide to the property of a golf
course must be performed by:
(1) a structural pest control applicator;
( 2 ) a commercial or noncommercial pesticide applicator with
appropriate use certification; or
(3) an aquatic pest control applicator.
(b) Pesticides determined by the commissioner to be
sanitizers and disinfectants are exempt from the requirements in
paragraph (a).
Page 36 of 42
HIST: 1Sv2001 c 2 s 37
==18B.35
18B.35 Application categories within applicator licenses
Subdivision 1.
Establishment. (a) The commissioner
may establish categories of structural pest control, commercial
applicator, and noncommercial applicator licenses for
administering and enforcing this chapter. The categories may
include pest control operators and ornamental, agricultural,
aquatic, forest, and right-of-way pesticide applicators.
Separate subclassifications of categories may be specified as to
ground, aerial, or manual methods to apply pesticides or to the
use of pesticides to control insects, plant diseases, rodents,
or weeds.
(b) Each category is subject to separate testing procedures
and requirements.
Subd. 2.
No additional fee. A person may not be
required to pay an additional fee for a category or
subclassification of a category of a license.
-318B.36
18B.36 Private applicator certification
Subdivision 1.
Requirement. (a) Except for a
licensed commercial or noncommercial applicator, only a
certified private applicator may use a restricted use pesticide
to produce an agricultural commodity:
(1) as a traditional exchange of services without financial
compensation;
(2) on a site owned, rented, or managed by the person or
the person's employees; or
( 3 ) when the private applicator is one of two or fewer
employees and the owner or operator is a certified private
applicator or is licensed as a noncommercial applicator.
(b) A private applicator may not purchase a restricted use
pesticide without presenting a certified private applicator card
or the card number.
Certification. (a) The commissioner shall
Subd. 2.
prescribe certification requirements and provide training that
meets or exceeds United States Environmental Protection Agency
standards to certify private applicators and provide information
relating to changing technology to help ensure a continuing
level of competency and ability to use pesticides properly and
safely. The training may be done through cooperation with other
government agencies and must be a minimum of three hours in
duration.
Page 37 of 42
(b) A person must apply to the commissioner for
certification as a private applicator. After completing the
certification requirements, which must include an examination as
determined by the commissioner, an applicant must be certified
as a private applicator to use restricted use pesticides. The
certification shall expire March 1 of the third calendar year
after the initial year of certification.
(c) The commissioner shall issue a private applicator card
to a private applicator.
Subd. 3.
Fees. (a) A person applying to be certified
as a private applicator must pay a nonrefundable $10 application
fee for the certification period.
(b) A $5 fee must be paid for the issuance of a duplicate
private applicator card.
HIST: 1987 c 358 s 78; 1989 c 326 art 5 s 45,46; 1993 c 367 s
9; 1995 c 95 s 3; 1997 c 131 s 3; 2001 c 7 s 12; 2002 c 373 s 8
==18B.37
18B.37 Records; plans; inspections
Subdivision 1.
Pesticide dealer. (a) A pesticide
dealer must maintain records of all sales of restricted use
pesticides as required by the commissioner. Records must be
kept at the time of sale on forms supplied by the commissioner
or on the pesticide dealer's forms if they are approved by the
commissioner.
(b) Records must be submitted annually with the renewal
application for a pesticide dealer license or upon request of
the commissioner.
(c) Copies of records required under this subdivision must
be maintained by the pesticide dealer for a period of five years
after the date of the pesticide sale.
Subd. 2.
Commercial and noncommercial applicators.
(a) A commercial or noncommercial applicator, or the
applicator's authorized agent, must maintain a record of
pesticides used on each site. Noncommercial applicators must
keep records of restricted use pesticides. The record must
include the:
(1) date of the pesticide use;
(2) time the pesticide application was completed;
(3) brand name of the pesticide, the United States
Environmental Protection Agency registration number, and dosage
used;
(4) number of units treated;
(5) temperature, wind speed, and wind direction;
Page 38 of 42
(6) location of the site where the pesticide was applied;
(7) name and address of the customer;
(8) name and signature of applicator, name of company,
license number of applicator, and address of applicator company;
and
(9) any other information required by the commissioner
(b) Portions of records not relevant to a specific type of
application may be omitted upon approval from the commissioner.
( c )All information for this record requirement must be
contained in a single page document for each pesticide
application, except a map may be attached to identify treated
areas. For the rights-of-way and wood preservative categories,
the required record may not exceed five pages. An invoice
containing the required information may constitute the required
record. The commissioner shall make sample forms available to
meet the requirements of this paragraph.
(d) A commercial applicator must give a copy of the record
to the customer.
(e) Records must be retained by the applicator, company, or
authorized agent for five years after the date of treatment.
Structural pest control applicators.
(a) A
Subd. 3.
structural pest control applicator must maintain a record of
each structural pest control application
conducted bv that
..
person or by the person's employees. The record must include
the:
(1) date of structural pest control application;
(2) target pest;
(3) brand name of the pesticide, United States
Environmental Protection Agency registration number, and amount
used;
( 4 ) for fumigation, the temperature and exposure time;
15) time the pesticide application was completed;
16) name and address of the customer;
(7) name and signature of structural pest control
applicator; name of company and address of applicator or
company, applicator's signature, and license number of
applicator; and
(8) any other information required by the commissioner.
(b) All information for this record requirement must be
contained in a single-page document for each pesticide
application. An invoice containing the required information may
constitute the record.
Page 39 of 42
(c) Records must be retained for five years after the date
of treatment.
(d) A copy of the record must be given to a person who
ordered the application that is present at the site where the
structural pest control application is conducted, placed in a
conspicuous location at the site where the structural pest
control application is conducted immediately after the
application of the pesticides, or delivered to the person who
ordered an application or the owner of the site. The
commissioner must make sample forms available that meet the
requirements of this subdivision.
Storage, handling, and disposal plan. A
Subd. 4.
commercial, noncommercial, or structural pest control applicator
or the business that the applicator is employed by must develop
and maintain a plan that describes its pesticide storage,
handling, and disposal practices. The plan must be kept at a
principal business site or location within this state and must
be submitted to the commissioner upon request on forms provided
by the commissioner. The plan must be available for inspection
by the commissioner.
Subd. 5.
Inspection of records. The commissioner may
enter a commercial, noncommercial, or structural pest control
applicator's business and inspect the records required in this
section at any reasonable time and may make copies of the
records. Unless required for enforcement of this chapter, the
information in the records in this section is private or
nonpublic.
Access to pesticide application information.
Subd. 6.
(a) A physician licensed to practice in Minnesota, or a
Minnesota licensed veterinarian, may submit a request to the
commissioner for access to available information on the
application of pesticides by a commercial or noncommercial
pesticide applicator related to a course of diagnosis, care, or
treatment of a patient under the care of the physician or
veterinarian.
(b) A request for pesticide application information under
this subdivision must include available details as to the
specific location of a known or suspected application that
occurred on one or more specified dates and times. The request
must also include information on symptoms displayed by the
patient that prompted the physician or veterinarian to suspect
pesticide exposure. The request must indicate that any
information discovered will become part of the confidential
patient record and will not be released publicly.
(c) Upon receipt of a request under paragraph (a), the
commissioner, in consultation with the commissioner of health,
shall promptly review the information contained in the request
and determine if release of information held by the department
may be beneficial for the medical diagnosis, care, and treatment
of the patient.
(d) The commissioner may release to the requester available
information on the pesticide. The commissioner shall withhold
Page 40 of 42
nonessential information such as total acres treated, the
specific amount of pesticides applied, and the identity of the
applicator or property owner.
HIST: 1987 c 358 s 79; 1989 c 326 art 5 s 47-50; 1993 c 367 s
10; 2003 c 128 art 3 s 27
==18B.38
18B.38 Protection of trade secrets
Subdivision 1.
Requirements. In submitting data
required by this chapter, the applicant may:
(1) clearly mark any portions that in the applicant's
opinion are trade secrets, commercial, or financial information;
and
(2) submit the marked material separately from other
material.
Subd. 2.
Information revealed. After consideration
of the applicant's request submitted under subdivision 1, the
commissioner shall not make any information public that in the
commissioner's judgment contains or relates to trade secrets or
to commercial or financial information obtained from an
applicant. When necessary, information relating to formulas of
products may be revealed to any state or federal agency
consulted with similar protection of trade secret authority and
may be revealed at a public hearing or in findings of facts
issued by the commissioner.
Notification. If the commissioner proposes
Subd. 3.
to release information that the applicant or registrant believes
to be protected from disclosure under subdivision 2, the
commissioner shall notify the applicant or registrant by
certified mail. The commissioner shall not make the information
available for inspection until 30 days after receipt of the
notice by the applicant or registrant. During this period the
applicant or registrant may institute an action in an
appropriate court for a declaratory judgment as to whether the
information is subject to protection under this section.
HIST: 1987 c 358 s 80
==18B.39
18B.39 Existing rules.
Rules of the commissioner of agriculture in effect on July
1, 1987, relating to the distribution, use, storage, handling,
and disposal of pesticides, rinsates, and pesticide containers
remain in effect until they are superseded by new rules.
HIST: 1987 c 358 s 81; 1996 c 305 art 2 s 2
Page 41 of 42
==18B.rnisc
1 8 B . 1 5 Repealed, 1 9 8 9 c 3 2 6 art 5 s 5 3
1 8 B . 1 6 Repealed, 1 9 8 9 c 3 2 6 art 5 s 5 3
1 8 B . 1 8 Repealed, 1 9 8 9 c 3 2 6 art 5 s 5 3
1 8 8 . 1 9 Repealed, 1 9 8 9 c 3 2 6 art 5 s 5 3
1 8 8 . 2 0 Repealed, 1 9 8 9 c 3 2 6 art 5 s 5 3
1 8 8 . 2 1 Repealed, 1 9 8 9 c 3 2 6 art 5 s 5 3
1 8 8 . 2 2 Repealed, 1 9 8 9 c 3 2 6 art 5 s 5 3
1 8 B . 2 3 Repealed, 1 9 8 9 c 3 2 6 art 5 s 5 3
1 8 B . 2 5 Repealed, 1 9 8 9 c 3 2 6 art 5 s 5 3
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General auestions or comments.
Page 42 o f 42
....
-
CHAPTER 408
LAWN FERTILIZER
SECTION:
408.01:
408.02:
408.03:
Purpose
Commercial Applicator Regulations
General Regulations
408.01: PURPOSE:
The City has conducted studies and has reviewed existing data to determine the current
and projected water quality of various lakes within its community. The data indicates that
lake water quality may be maintained and improved if the City is able to regulate the
amount of lawn fertilizer and other chemicals entering the lakes as a result of storm water
runoff or other causes. The purpose ofthis Section is to define regulations which will aid
the City in maintaining and improving lake resources which are enjoyed by its residents
and other users. (Ord. 1024, 11-23-87)
408.02: COMMERCIAL APPLICATOR REGULATIONS:
A. License Required: No person shall engage in the business of commercial lawn
fertilizer applicator within the City unless a license has been obtained from the City
Manager, as provided in subsection 408.02B.
B. License Application Procedure: Applications for a commercial lawn applicator
license for a calendar year shall be submitted to the City Manager at least thirty (30)
days prior to the initial lawn fertilizer application each year within the City. The
application shall consist ofthe following:
1. Application Form: Application forms shall be provided by the City and shall
include the following information:
a. Name, address and telephone number of applicant and any individuals
authorized to represent the applicant.
b. Description of lawn fertilizer formula proposed to be applied on lawns within
the City.
c. A time schedule for application of lawn fertilizer and identification ofweather
conditions acceptable for lawn fertilizer application.
2. Fertilizer Sample: A chemical analysis of a sample of the lawn fertilizer shall be
submitted to the City along with the initial application for a license and at least thirty
(30) days before fertilizer composition changes are implemented. Said analysis shall
be certified by an independent testing laboratory.
3. License Fee: The annual license fee for a com~nerciallawn fertilizer applicator
shall be one hundred dollars ($100.00). The license shall expire on December 3 1.
The license fee shall not be prorated.
C. Conditions of License: Coinmercial lawn fertilizer applicator licenses shall be issued
subject to the following conditions which shall be specified on the license form:
1. Random Sampling: Commercial lawn fertilizer applicators shall permit the City to
sample any commercial lawn fertilizer application to be applied within the City at
any time after issuance ofthe initial license.
2. Possession of License: The commercial lawn fertilizer application license, or a
copy of such license, shall be in the possession of any party employed by the
commercial lawn fertilizer applicator when making lawn fertilizer applications
within the City.
3. State Regulations: Licensee shall comply with the provisions of the Minnesota
Fertilizer and Soil Conditioner Law as contained in Minnesota Statute sections
17.711 through and including section 17.729 and amendments thereto. (Ord. 1024,
11-23-87)
408.03: GENERAL REGULATIONS:
A. Time of Application: Lawn fertilizer applications shall not be applied when the
ground is frozen or between January 1 and April 15, and between November 15 and
December 3 1.
B. Sample Analysis Cost: The cost of analyzing fertilizer samples taken from
commercial applicators shall be paid by the commercial applicators if the same
analysis indicates that the phosphate content exceeds the levels authorized in
subsection 408.03C.
C. Fertilizer Content:
1. No person shall apply liquid fertilizer within the City which contains more than
one-half percent (0.5%), by weight, of phosphate, or granular fertilizer which
contains more than three percent (3%) by weight of phosphate, unless the single
application is less than or equal to ten one-hundredths (0.10) pound of phosphate per
one thousand (1.000) square feet in the form of P 5. The quantity of phosphate
applied to newly established turf areas is not limited by this subsection during the
first growing season.
2. Annual application amount shall not exceed five-tenths (0.5) pound of phosphate
per one thousand (1,000) square feet of lawn area.
D. Impervious Surfaces: No person shall apply fertilizer to impervious surfaces.
E. Buffer Zone: Fertilizer applications shall not be made within ten feet (1 0') of any
wetland or water resource. (Ord. 1024, 11-23-87)
Page 1 of 3
Shoreview, Zoning & Inspections
City Council
City Govcrnmcnt
City Scrviccs
Community ('enter
Pesticides
Gconomic Dcvclopmcnt
Minnesota State Law (18B.01 subd. 18) defines a pesticide as:
Gnvironmcntal Scrvicca
lobs
$la ps
Uhat are Pesticides?
' A substance or mixture of substances intended to prevent, destroy, repel or n
md a substance or mixture of substances intended for use as a plant regulator
iesiccant."
Parks & Rccrcation
Police & Fire
Public Works
Transit
Zoning & lnspcctions
Building Permits and
Inspections
Development Process
and Applications
Planning and
"ommissions
Planning and Zoning
Property Maintenance
and Nuisance
[n other words, this term broadly includes herbicides for weeds, insecticides f
fungicides for fungi and molds, rodenticides for rodents and many other mate
manage pests. Recent research has found that exposure to pesticides and their
can have a harmful effect on human health (especially children), wildlife, wil
water quality and surface water ecosystems. The City of Shoreview, has adop
regarding pesticide use to minimize the risk to human health, wildlife and the
environment.
What are the risks to human health?
Risks associated with pesticides are tied to toxicity and exposure. Toxicity re1
chemical make-up of the pesticide while exposure relates to the dose and roul
(eyes, skin, mouth, lungs). Pesticides with a moderate level of toxicity but h s
exposure level may be safer to use in certain situations. All pesticides carry si
indicate the level of toxicity based on the most toxic route of entry into the bc
levels include: Danger and DangerlPoison, Warning and Caution.
Recent research has found that exposure to pesticides may have a negative eE
health. Children are especially at risk. Documented effects include:
0
0
Nausea, fatigue, skin and muscle reactions
Respiratory problems
Kidney and liver damage
Nervous system damage
Page 2 of 3
What is the link between pesticide use, wildlife, water quality a
natural resources?
Wildlife most at risk includes amphibians, songbirds, waterfowl, eagles and c
prey since they rely on insects, worms and aquatic species for food. Chemical
leach into the groundwater and stormwater runoff if through overuse and mis
introduction of these chemicals into the surface water ecosystems has a negat
degrading water quality. The greatest risk of toxicity appears to lie within twc
commonly found in urban stormwater; diazinon and chlorpyrifos. The use of
banned on golf courses and in some states but is still available in Minnesota f
residential turf. Research completed in California also found that residential r
much more toxic than previously thought.*
Our policy for pesticide use:
Shoreview has an adopted ordinance requiring all commercial and noncornmf
applicators to post or affix warning signs on the property to which pesticides
applied. For those public properties owned, managed and maintained by the C
will be used in accordance with the following practices:
1. Pesticides will be used only when needed. Mechanical and biological contr
will be used as the first line of defense. If these methods do not resolve the pr
pesticides may be used as a last resort.
2. Application
Applicators will be properly certified by the Minnesota Department of
Application will be via spot treatment. The use of blanket spray treatme
minimized to the extent feasible. Spray drift will be avoided.
Pesticides will be applied in accordance with the product label directio~
precautions.
3. Product Selection and Use
0
0
Assess the product effectiveness. Use those products that address the p~
and have minimal impact on non-targeted species.
Minimize pest resistance by rotating pesticides uses, using premixes or
avoiding repeating use.
Consider the toxicology risk associated with pesticide exposure
Evaluate pesticide and site characteristics affecting the off-site movemc
chemicals.
Employ best management practices including:
o Calibration of equipment.
o Time application in relation to soil conditions, weather condition
schedules, and stage in plant growth
o Use the lowest appropriate rate
Minimize the need for pesticide use by identifying the underlying causc
transition problem areas to another vegetation form, rather than turf.
4. Posting
0
Page 3 of 3
Post warning signs in accordance with our City Ordinance for at least a
from the time of initial application. Information on the sign will includr
o The name of the business or entity applying the pesticide.
o The following language: 'This area chemically treated. Keep chi1
off until (date of safe entry)' or a universally accepted symbol ant
by the Minnesota Commissioner of Agriculture as recognized as
same meaning or intent. The warning signs may include the naml
pesticide used
o Place immediately adjacent to areas where pesticides have been 2
atlnear the entrances to the property.
*sources: Minnesota Department of Agriculture, Office of Environmental As:
Pollution Control Agency, Watershed Protection Techniques from
www.stormwatercenter.net
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