RESOLUTION NO. 2006 - 17
WHEREAS, all landowners, and holders of easements and rights-of-way with the right to control vegetation on those easements and rights-of-way, are required by state statute, RCW 17.10, Chapter 16-750 WAC, to control noxious weeds as designated by the Washington State Noxious Weed Control Board and further designated by the Skamania County Noxious Weed Control Board,
WHEREAS, Skamania County Public Works Department uses herbicide application as a method for vegetation control on roadside rights-of-way and other Skamania County properties; and
WHEREAS, some areas within
WHEREAS, it is in the best interest of Skamania County Public Works Department to minimize liability that could be associated with unintended herbicide damage to public or private property; and
WHEREAS, it is a goal of the Skamania County Board of Commissioners to protect and enhance agricultural production and environmental quality within
WHEREAS, no internal policy currently exists for designating areas that may be sensitive to herbicides; and
WHEREAS no internal policy currently exists as a guidance for the Skamania County Public Works Department when applying herbicides near areas that may be sensitive to herbicides;
NOW THEREFORE, BE IT RESOLVED that the Board of Skamania County Commissioners do hereby adopt the included Policy on Use of Herbicides in Proximity to Sensitive Areas in
PASSED IN REGULAR SESSION this ________ day of April 2006.
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Commissioner
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Commissioner
APPROVED AS TO FORM ONLY: ATTEST:
____________________________ ______________________
Prosecuting Attorney Clerk of the Board
Policy on use of herbicides in proximity to Sensitive AreaS In
General Terminology AND SENSITIVE AREAS Defined
i. Defined as the immediate shoulder of the right-of-way, which generally extends from the pavement edge to about 10 feet from the edge of pavement.
ii. Managed to be free of all vegetation.
iii. Provides sight distance, reduces fire potential, provides surface drainage, and prevents pavement breakup which are essential for the safety of motorists and pedestrians.
i. Defined as the area from the outside of the shoulder to the far side of, and including, the drainage ditches.
ii. Managed as low growing, non-woody vegetation, such as grasses, with a maximum height of 12 inches.
iii. Provides an area for vehicle recovery, helps prevent soil erosion, and accommodates underground utilities.
i. Defined as the area from the outside edge of the recovery zone to the outside edge of the right-of-way line.
ii. Managed as low growing vegetation, not to be taller than 24 inches in height.
iii. Provides for soil erosion control, slope stabilization, wetland area protection, improved water quality, wildlife habitat, and a pleasurable drive for the motorist.
i. The boundary of all known Sensitive Areas will be identified on a Sensitive Areas Map.
ii. To account for changing crops and conditions, the Sensitive Areas Map will be updated at a minimum of once annually by the Public Works Department, prior to the start of the vegetation management season, and not later than March 1st of each year.
iii. One copy of the Sensitive Areas Map will be maintained in the Public Works office.
iv. One copy of the Sensitive Areas Map will be distributed to the Road Maintenance Supervisor by March 1st of each year.
v. One copy of the Sensitive Areas Map will be distributed to the Vegetation Control Specialist by March 1st of each year.
i. Because of their known sensitivity to many types of herbicide, vineyards will be recognized as their own type of Sensitive Area.
ii. Any area of active commercial vineyard will be recognized as a Sensitive Area.
iii. Vineyards will be differentiated from other Sensitive Area types on the Sensitive Areas map.
i. Because of the high value and possible sensitivity to herbicides, extra caution should be used during herbicide applications in the vicinity surrounding any agricultural crop.
ii. Any area of active agriculture should be considered vulnerable to herbicide damage, but added protection measures, recognition as a Sensitive Area, and inclusion on the Sensitive Areas Map will require authorization on a case-by-case basis by the
iii. Non-vineyard agricultural crops that are recognized as Sensitive Areas will be differentiated from other Sensitive Area types on the Sensitive Areas Map.
i. In rare situations, herbicide use may have the potential to negatively affect non-agricultural areas, which are not otherwise protected under state or federal law.
ii. Any non-agricultural area may be recognized as a Sensitive Area if authorized by the
iii. Non-agricultural areas that are recognized as Sensitive Areas will be differentiated from other Sensitive Area types on the Sensitive Areas Map.
A. The herbicide applicator will strictly follow all herbicide label requirements for individual herbicides, and abide by all local, state, and federal laws regarding herbicide use.
B. The herbicide applicator will strictly adhere to all current Special Right-of-Way Use Permits for No Spray.
C. Herbicides will not be used within 100 feet of a Sensitive Area if another practical and cost-effective alternative is available.
D. Herbicides used within 100 feet of a Sensitive Area will be applied with extreme caution and will only be applied for the purpose of maintaining Zone 1 Vegetation Free Zone (road shoulder), or to spot treat State listed noxious weeds.
E. Additional precautions should be used during herbicide applications which are near a Sensitive Area, but at a distance greater than 100 feet, if there is any potential for damage to the Sensitive Area from the herbicide being used.
F. The following precautions should be used in the vicinity of Sensitive Areas whenever possible:
i. Use low sprayer pressure (15-30 psi).
ii. Use low-pressure nozzle tips (large orifices).
iii. Use a commercial drift retardant to reduce microscopic spray droplets.
iv. Spray during windless conditions or when wind is blowing away from the Sensitive Area.
v. Avoid applications during high temperatures (>80° F) and during temperature inversions due to increased probability for herbicides sprays or vapors to become suspended in air.
vi. Use shielded sprayers.
vii. Give preference to manually controlled and/or low volume spray equipment (such as a backpack sprayer) over mechanically controlled and/or high volume spray equipment (such as vehicle mounted spray booms) if it reduces the chance of damage to a Sensitive Area.
viii. Avoid the use of volatile herbicides when other equally effective, non-volatile herbicides are available.
ix. If using phenoxy herbicides, give preference to low volatile amine formulations over more highly volatile ester formulations.
x. Do not use volatile herbicides within 500 feet of any Sensitive Area when weather forecasts predict wind, high temperatures (>80° F), or temperature inversions within 48 hours after the application because these weather patterns increase the occurrence of vaporizing and vapor drift.
2. Special Rules For Each Sensitive Area Type:
A. Vineyard
i. Mowing and/or other mechanical methods of vegetation control will be considered near vineyards as an alternative to herbicide treatment, particularly in Zone 2 and Zone 3 of the road right-of-way.
ii. Use of phenoxy and other volatile herbicides near vineyards:
a. The use of phenoxy or other volatile herbicides that have potential to damage vineyards, will be avoided whenever possible.
b. From November 1st through March 31st, a minimum buffer distance of 100 feet will be maintained between known vineyards and any application of phenoxy herbicides, or other herbicides that vaporize and have potential to damage vineyards when used within a similar distance.
c. From April 1st through October 31st, a minimum buffer distance of 0.5 miles (2640 feet) will be maintained between vineyards and any application of phenoxy herbicides, or other herbicides that vaporize and have potential to damage vineyards when used within a similar distance.
iii. Vineyard property owners and other nearby landowners should be encouraged to participate in the Special Right-of-Way Use Permit program, and to manage the vegetation on their own properties in accordance with
B. Agricultural Crop (Non-vineyard)
i. The use of herbicides should be minimized near agricultural crops whenever possible and economically feasible.
ii. If an agricultural crop (non-vineyard) is recognized as a Sensitive Area, guidelines for herbicide use will be developed on a case-by-case basis, or developed for the individual crop type.
iii. Herbicide applicators should be knowledgeable of the existing crop types in the vicinity of all herbicide applications, and should choose herbicides that minimize the potential for damage to nearby crops.
C. Non-Agricultural Area
i. The herbicide applicator will use good judgment to minimize all herbicide applications in areas that may be sensitive to herbicides so that the risk of economic and environmental damage is reduced.
ii. If a non-agricultural area is recognized as a Sensitive Area, guidelines for herbicide use will be developed on a case-by-case basis.
3. Skamania County Public Works Department makes no claim that it will be able to accurately determine all Sensitive Areas at all times, but rather, establishes this Policy on Use of Herbicides in Proximity to Sensitive Areas in
4. Exceptions to the General and Special Rules of this Policy will be allowed whenever necessary for the purpose of eradicating invasive weed species.
5. This Policy is subject to change as new information becomes available or as situations change.