Terms Used In Michigan Laws 324.8316b

  • Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
  • Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  (1) The department shall maintain a voluntary registry of individuals who, due to a medically documented condition, are required to be notified before the application of a lawn or ornamental pesticide, other than a general-use ready-to-use pesticide, but only if the application is on property adjacent to or within a physician-recommended distance from the property on which the individual’s primary residence is located. The registry shall contain a list of those properties adjacent to or within a physician-recommended distance from the individual’s primary residence. The notification to the individual listed in the registry shall be provided by the means provided in the registry and shall state that a pesticide application is scheduled on 1 or more of the properties listed in the registry.
  (2) The notification requirements described in subsection (1) and any yard marker requirements provided by rule do not apply if the pesticide is applied only on or within 10 feet of a structure located on the property on which the pesticide application takes place and is applied to prevent, destroy, repel, or mitigate pests on the structure.
  (3) As used in subsection (1):
  (a) “Adjacent to” means either of the following:
  (i) Sharing a common boundary line or property corner with.
  (ii) Located directly across an undivided road, stream, or right-of-way from.
  (b) “Physician-recommended distance” means a specified distance, not more than 100 feet from a linear boundary line, considered necessary and substantiated by a physician.