The Neighbor Notification Law created Sections 33-1004 and 33-1005 to the Environmental Conservation Law. These sections requirements:
- providing at least 48-hour prior written notice to neighboring properties, and to occupants of multiple dwellings for the site of a pesticide application, for certain commercial lawn pesticide applications;
- posting of visual notification markers for residential lawn applications and;
- posting of an information sign by retailers who sell general use lawn pesticides.
This law is further clarified in regulation 6 NYCRR Part 325 Section 41. (leaves DEC website)
The Neighbor Notification Law is only effective in a County or city that has adopted a local law requiring notification. The following Counties and City have adopted local laws:
- Albany County;
- Erie County;
- Monroe County;
- Nassau County;
- Rockland County;
- Suffolk County;
- Tompkins County;
- Ulster County;
- Westchester County; and
- New York City (One local law covers all five counties that comprise New York City.)
NOTE: Over time, the foregoing list of local governments may not be all-inclusive if additional local neighbor notification laws are enacted. Contact the involved local government to confirm whether a neighbor notification law is in place.
Neighbor Notification Law Amendments
Spanish and Other Languages
In 2020, Sections 33-1004 and 33-1005 of the ECL were amended to include the requirement that the 48 hour prior notification for certain commercial lawn applications, the information sign posted by retailers, and the visual notification markers posted for residential lawn applications be printed in both the English and Spanish languages and any other languages if the Commissioner of the Department of Environmental Conservation deems it necessary.
Written Notice for Multiple Family Dwellings
In 2010, Sections 33-1004 and 33-1005 of the ECL were amended to include the requirement that the written notice be supplied to "...owners, owner's agents or other persons in positions of authority, for multiple family dwellings, [on] the property of which is the site of such application."
Due to the amendments to the Neighbor Notification Law, the local laws may no longer reflect the provisions of the ECL. A condition of ECL Section 33-1004 requires municipalities that choose to adopt this local law adopt the ECL provisions of the Neighbor Notification Law in its entirety and without exceptions. Therefore, due to these amendments the local laws adopting the Neighbor Notification Law may no longer be compliant with the ECL. It is recommended that you contact the county or city to determine the current status of their local laws.
Local governments that have adopted the amendments to the Neighbor Notification Law are required to report the amendment of the local law to the New York State Department of Environmental Conservation. This information should be sent to: NYSDEC, Bureau of Pesticides Management, Pesticide Enforcement & Compliance Assurance Section, 625 Broadway, Albany, New York 12233-7254 or [email protected].
Neighbor Notification Law Exemptions
If a commercial lawn applicator uses certain pesticides or certain methods of application specified in the Neighbor Notification Law and regulations, the applicator is exempted from the requirement to provide 48 hour written notice to neighbors.
The exemptions include but are not limited to:
- granular pesticides
- horticultural soaps or oils
- spot applications
- the injection of pesticides directly into a plant or the ground
- the application to grounds or turf of a cemetery
- emergency applications
- certain pesticides that meet the U.S. Environmental Protection Agency requirements for minimum risk pesticides, reduced risk pesticides or biopesticides.
If an application of pesticides is not defined as a commercial lawn application pursuant to Section 33-1001(46) of the ECL, then the pesticide application is also exempt from the requirements of the Neighbor Notification Law.
If you have any questions associated with the Neighbor Notification Law please contact the Pesticide Enforcement and Compliance Assurance Section in the Bureau of Pesticides Management of the Division of Materials Management at (518) 402-8727 or [email protected].
