Filed Date: 1/15/1981
Status: Precedential
Modified Date: 7/5/2016
Richard Allen Siegel, Esq. Village Attorney, Sea Cliff
You inquire whether the Village of Sea Cliff by local law may require applicators of pesticide to obtain a permit prior to any spraying in the village. The sole purpose of the proposed local law is to permit the village to notify residents in the area of the spraying, so that health and property can be protected.
A village may adopt local laws relating to the government, protection, order, conduct, safety, health and well-being of its persons or property. The local laws must be consistent with the Constitution and with general State laws (Municipal Home Rule Law, §
The Commissioner of the State Department of Environmental Conservation has jurisdiction of all matters pertaining to the distribution, sale, use and transportation of pesticides (Environmental Conservation Law, § 33.0303 [1]). Article 33 of the Environmental Conservation Law governs the sale, purchase and use of pesticides and authorizes regulations by the Department, which are in 6 NYCRR, Parts 325 and 326. The statutes and regulations govern use of pesticides (
We find no State statute or regulation relating to notification of residents in the spraying area. However, there is an express declaration that State law exclusively governs the distribution, sale, use, and transportation of pesticides (§ 33.0303 [1]). State law has preempted the field to the exclusion of local law (Wholesale Laundry Board of Tradev City of New York, supra; Long Island Pest Control v Town ofHuntington,
Any violation of law by pesticide applicators should be brought to the attention of the Department of Environmental Conservation. The extensive regulatory framework is designed to punish offenders through license revocation and fines (Environmental Conservation Law, Title 29).
We conclude that a village may not require pesticide applicators to obtain a permit prior to spraying in the village. The distribution, sale, use and transportation of pesticides is exclusively governed by State law.