Pesticide Application on Rights-of-Way Notification Act

Public Act 103-0976 regulates the use of pesticides in municipalities.  This Act provides that municipalities and government entities provide 24 hours of notice to the public before applying a pesticide on a public right of way within the corporate boundaries of a municipality.  

The notice must include location and date of intended applications, name and type of pesticide to be used, reason for use, concentrations, any special instructions, name and telephone number of the applicator, and the contact information for the Illinois Department of Agriculture.  The notice must be in writing and posted at least 24 hours before the intended application.  Written notice is sufficient if posted in newsletters, websites, calendars or other correspondence currently published by the government entity.  Posting on a bulletin board is not sufficient.

This Act is effective January 1, 2025.

Contact Information for the Illinois Department of Agriculture -  Pesticide Misuse Section:

Illinois Department of Agriculture
Bureau of Environmental Programs
217-785-2427
800-641-3934 (Pesticide Hotline)

www.agr.illinois.gov

Pesticide Misuse Webpage and Complaint Form

Unit of Local Government - 
Means a unit of local government, as defined in Article VII, Section 1 of the Illinois Constitution, except a park district, forest preserve district or conservation district.

Illinois Constitution, Article VII (Local Government), Section 1 (Municipalities and Units of Local Government)
 "Units of local government" means counties, municipalities, townships, special districts, and units, designated as units of local government by law, which exercise limited governmental powers or powers in respect to limited governmental subjects, but does not include school districts.

Park Districts, Forest Preserve Districts, Conservation Districts and School Districts are exempt from the requirements of this Act.

The State or a unit of local government or a commerical entity hired by the State or local unit of government who applies a pesticide to a public right-of-way that is located within the corporate boundaries of a municipality.

This includes mosquito abatement districts making applications to control mosquitos.

Notice must be given at least 24 hours before the application.

Written notification is sufficient if posted in newsletters, websites, calendars or other correspondence currently published by the state or local entity in which the application is to be made.

Posting on a bulletin board is not sufficient.

1. The intended location, date range and range of times during the day that the material may be applied;
2. The brand name, common name, and scientific name of each product that may be applied;
3. The type of pesticide contained in any product that may be applied;
4. The reason for use of each product that may be applied;
5. The range of concentrations of any end-use product that will be applied;
6. Any special instructions appearing on the label of the product applicable to an individual's use of the public right-of-way following an application;
7. The State agency, mosquito abatement district, or other unit of local government name and telephone number of the certified applicator;
8. Contact information for the Illinois Department of Agriculture's Pesticide Misuse Section, including a telephone number and website information for the Department. (See above)