Wisconsin Statutes 94.701 – Pesticides; local regulation
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Terms Used In Wisconsin Statutes 94.701
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Preceding: when used by way of reference to any statute section, means the section next preceding that in which the reference is made. See Wisconsin Statutes 990.01
- Property: includes real and personal property. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
- Town: may be construed to include cities, villages, wards or districts. See Wisconsin Statutes 990.01
- Village: means incorporated village. See Wisconsin Statutes 990.01
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(1) This section is an enactment of statewide concern for the purpose of providing uniform regulation of pesticides.
(2) In this section, “political subdivision” means a city, village, town or county.
(3)
(a) Except as provided in par. (b) or (c), a political subdivision may not prohibit the use of or otherwise regulate pesticides.
(b) A political subdivision may enact an ordinance that does any of the following:
1. Regulates pesticide use on property in which the political subdivision has a fee simple ownership interest.
2. Zones areas with respect to pesticide manufacturing, distribution and disposal.
3. Implements any regulation of pesticides that the political subdivision is required by federal law or other state laws to implement.
4. Implements a cooperative agreement with the federal environmental protection agency under 7 U.S. Code § 136u (a).
5. Prohibits conduct that is the same as conduct prohibited under ss. 94.69 to 94.71 or 7 U.S. Code § 136 to 136y.
6. Requires that, when notification of pesticide use is required by state or federal law, notification of that use be given to the political subdivision.
7. Sets standards for fire prevention in the storage of a pesticide that poses a fire hazard.
8. Regulates pesticides pursuant to a storm water management program that is consistent with 40 C.F.R. 122.26.
(c) A political subdivision may enact an ordinance or enter into an agreement under s. 289.33 (9) relating to the storage, treatment or disposal of solid waste containing pesticides, pesticide containers or pesticide residues.
(4)
(a) A political subdivision may not enact an ordinance that is authorized under sub. (3) until it consults with the department. If a political subdivision enacts an ordinance that is authorized under sub. (3), it shall provide the department with a copy of the ordinance no later than 60 days after enactment.
(b) Before March 1 of each year, a political subdivision with an ordinance that is authorized under sub. (3) (b) 5. shall notify the department of all enforcement actions taken under that ordinance during the preceding year.