Who sprays herbicide near my BC property, and how am I told?

Question

Accepted Answer

Spraying along power lines, railways, highways and pipelines, or on public forest land, over 20 ha a year runs under a pest management plan, with posted notices and buffers around wells and water. Most spraying a rural owner sees next door is vegetation control along power lines, railways, highways and pipelines, and on forest land. BC's Integrated Pest Management Act and Regulation decide who needs a plan, how the public is consulted and told before each treatment, and how far spraying stays from wells, water and the next property. Look up the address or PID on PlaceDossier to see the record for that lot. Who needs a plan: Managing vegetation on more than 20 ha a year of a railway, highway, public utility, water line or pipeline right of way, forest pests on more than 20 ha of public forest land, or noxious weeds on more than 50 ha of public land, run by one manager, needs a pest management plan and the Province's confirmation of a pesticide use notice (Integrated Pest Management Act s. 7; Integrated Pest Management Regulation s. 24 (2)). A plan runs up to 5 years (s. 59 (1) (j)). Smaller programs, and forest pests on private timber land, need a pesticide licence instead (s. 5 (1)). Commenting on a plan: At least 45 days before submitting its notice, the plan holder publishes two notices within 2 weeks headed "DEVELOPMENT OF A PEST MANAGEMENT PLAN", naming the area, the pesticides, how they'll be applied and where the plan and its maps can be examined; anyone may send information about a treatment area within 30 days (Regulation s. 61 (1), (2)). It must also make reasonable efforts to consult people a use could significantly affect (s. 61 (3)). If it offers during the consultation to tell you directly before it sprays, it must do so (s. 28 (2)). Reading the plan: The holder keeps the plan at the place named in its notice and must show it free to anyone who asks, within 48 hours during business hours, and give a copy for up to 25 cents a page (Act s. 7 (6), (7); Regulation s. 30). Notice before each treatment: Before each use, the plan holder posts a notice where it's clearly visible from each approach the public uses, or on the highway, naming the product, the date and time, the precautions and how to reach the holder, and leaves it up at least 14 days (Regulation s. 64 (1), (2)). On private forest land, a licensee treating more than 20 ha a year gives written notice at least 14 days ahead to the owner of every property within 150 m, asking where their wells and water intakes are (ss. 9, 62). Wells, water and the lot line: A plan holder or licensee keeps a 30 m no-treatment zone around a well or water intake used for a home, livestock or crops, which it may shrink only if reasonably satisfied no pesticide will reach it (Regulation s. 71 (3), (4)). It keeps spray and runoff off the next property unless that owner agrees otherwise (s. 71 (6)), doesn't broadcast spray in wind over 8 km/h (s. 71 (7)), and keeps 10 m back from streams, dry streams and classified wetlands, less for some glyphosate uses (ss. 73 to 77). Asking not to be sprayed: The regulation sets no opt-out from a plan holder's spraying (our reading). What it gives an owner is a say during the consultation and the duty to protect home and farm water and cropland (s. 71 (2) (b)): tell the holder in writing where your well, intake, garden, bees or organic crops are, and ask to be told directly before it sprays along your land. A farm next door: A farmer spraying their own crops needs no plan, but must keep contaminated runoff from crossing the property line, take the precautions needed to stop an unreasonable amount of drift crossing it unless the neighbour allows otherwise, and record each application (Regulation s. 33.1). Lawns and gardens: council bylaws: A municipality may limit pesticides used to keep up outdoor trees, shrubs, flowers and lawns on residential land and its own land (Community Charter s. 8 (3) (j); Environment and Wildlife Regulation s. 2 (1) (b) (ii)), but not on farms, utility, transportation or forestry land, in buildings, or against pests that spread disease or harm farming or forestry (s. 2 (2)). A company treating a yard needs a licence and must give the occupant a treatment notice first (Integrated Pest Management Regulation ss. 5 (1) (i), 10 (5.1)). Reporting misuse: Spraying that seems to break these rules is reported to the Province through the Report All Poachers and Polluters line, with as much detail, and as many photos, as you have. What it means for a buyer: A lot beside a power line, railway, highway or pipeline, or forest land, is likely inside someone's pest management plan, and the posted notices are the only sign of a treatment day (our reading). A report names the power lines and pipelines along the lot and the provincial roads beside it, and lists logging planned within 1 km.

Who sprays herbicide near my BC property, and how am I told?

What the answer means

Before you buy: who to ask