§ 22 §1444 — Control of browntail moths

1.
Declaration of public health nuisance.
The Director of the Bureau of Health may declare that an infestation of browntail moths is a public health nuisance. The declaration may be made on the director's own initiative or on petition to the director by municipal officers in a municipality affected by the infestation.
2.
Aerial spraying.
When the infestation causing a public health nuisance may be controlled by the aerial spraying of pesticides, the municipal officers in the affected municipality may conduct aerial spraying subject to rules adopted by the Board of Pesticides Control pursuant to Title 7, section 610 and Title 22, section 1471‑M, except that:
3.
Refusal to consent; cost of extermination.
After the declaration of the Director of the Bureau of Health and a written declaration by the municipal officers of their intent to conduct aerial spraying, any landowner who refuses to consent to aerial spraying shall remove any browntail moth infestation from that landowner's property at that landowner's expense in a time and manner satisfactory to the local health officer. Regardless of whether the nonconsenting landowner's property has an infestation of moths, the nonconsenting landowner is also liable for the additional expenses actually incurred by neighboring consenting landowners or the municipality when neighboring consenting landowners or the municipality uses a method of removal other than aerial spraying due to lack of consent. In such cases, consenting landowners shall remove any browntail moth infestation from their own property at their own initial expense in a time and manner satisfactory to the local health officer.
4.
Limits on pesticide applications.
5.
Limits on pesticide applications.

Legislative History

PL 1997, c. 215, §1 (NEW). RR 2005, c. 2, §15 (COR). PL 2005, c. 553, §1 (AMD). PL 2007, c. 50, §1 (AMD). PL 2015, c. 58, §1 (AMD).