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11:7Id 8 919 695 1'2'22 Tur£9rassCouncil <br /> P-02 <br /> MOV-13-1996 IO:e3 FROM TO 391 06951222 P-04 <br /> 42 <br /> M MX OF LOCAL R1709 AUM OF STi _IDE USE <br /> A 1995 amendment to the North Carolina Pesticide Law clearly proluUs local govenunents <br /> from regulating pesticide use. (See attached) <br /> This cannot be carctmavct tad by including use restrictions as part of a zoning ordinance. Tho <br /> pv-enrpdon amendment does not prohibit a local government from exercising its zoning althority, <br /> but that authority cannot be used to c u=uvent pro-caption. Otherwise,a local govvrnm of could <br /> effectively nullify the obvious intent ofthe General Assembly by adopting pesticide use rc#dctiona <br /> as part of a zoning ordi umm <br /> The o*logial way to interpret the pre-emption statute is that a local government may use <br /> its zoning authority to regulate land use,but arty pesticide use which is incidental to the land use is <br /> not subject to local regulation- Fof exan 4k a local govet=mt could prohibit office bunUd'urga is <br /> certain areas,,but it could not regulate heron pesticides wevaed or stored in those offitce btuMngs. <br /> Even without the specific 1995 pm emptson a,nmeadm«et,local gavermneats would be pre <br /> empted from the We of use restrictions £Quad in the proposed "Standards for Golf Courses." <br /> Section 143-440 of the North Carolina Pesticide Law authorizes the Pesticide Hoard to impose <br /> additional use restrictions if necessary because umzsual harards of a particular pesticide. Otherwise, <br /> the use of the pesticide is subject only to the use restrictions found on the federally-approved label. <br /> Art <br /> NOV-13-1996 1154 9196951222 93'i. ~' A P.02 <br />