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1 11161y 11 5b a yly 6y5 1'222 Turf9rassCouncil P.02 <br /> NOV-13-1995 10::3 FROM TO 391 06951222 P.04 <br /> 42 <br /> MMtURTIOX OP LOCAL RFOA AMON OF PFSTiCTDE USE <br /> A 1995 amendment to the North Carolina Pesticide Law clearly prom's local governments <br /> from regulating pesticide use. (See attached) <br /> Tlis cannot be ckcumvented by including use restrictions as part of a zoning ordinance. The <br /> pre-= t on amendment does not prohibit a local government from exercising its zoning authority, <br /> but that authority cannot be used to c ir=went pre-awdon. Oflxrwlae,a local govemmat could <br /> effectively nullify the obvious intent of the General Assembly by adopting pesticide use restrictions <br /> as part of a zoning ordinance. <br /> The only logical way to interpret the preemption statute is that a local government may tm <br /> its=4 authority to regulate land use,but any pesticide use which is mcchrital to the land use is <br /> not subject to local reguladon_ For example,a local government could probrbit office buUd"urgs is <br /> certa m areas,but it could not regulate bow pesticides wevsed or stored in those office buildmp. <br /> Even without the specific 1995 pre�m�amendment,local gavarramnts would be pre- <br /> empted from the type of use restrictions $otmd in the proposed "Standards for Golf Courses." <br /> Section 143-444 of the North Carolina Pesticide Law authorizes the Pesticide Board to impose <br /> additiotW use restrictions if necessary because unuxual hazards of a particular pesticide. Odwwwiae, <br /> the use of the pesticide is subject only to the use restrictions found on the federally-approved label. <br /> Attachment <br /> NW-13-1996 11:54 9196951222 93'i. '�'!� P.02 <br />