2.8 Urban Application Notification Requirements
Key Takeaways
- Commercial and public applicators treating urban areas in municipalities must post notification signs at the start of the application and leave them for at least 24 hours, or longer if the label's reentry directions require it (IAC 21—45.50).
- The rule does not apply to applications inside a structure, within six feet of a structure's outside perimeter, or made by the homeowner or tenant to their own property.
- Residential lawn signs project at least 12 inches above the grass line or 18 inches to the top of the sign, and are placed two to five feet from the sidewalk, street, or back lot line.
- Every sign must carry the applicator's business name and telephone number and the words “This area chemically treated. Keep off. Do not remove sign for twenty-four hours.”
- An adjoining occupant may request prior notification in writing; the applicator must then give notice at least the calendar day before the application, and the request expires December 31 each year.
2.8 Urban Application Notification Requirements
Quick Answer: Under IAC 21—45.50, every commercial or public applicator applying pesticides in an urban area within a municipality must post notification signs at the start of the application and leave them up for at least 24 hours — longer if the label's reentry directions demand it. The rule does not apply inside a structure, within six feet of a structure's outside perimeter, or to applications a homeowner or tenant makes on their own property. Sign size, height, wording, and placement are all specified, and adjoining occupants can demand advance notice.
Why This Rule Exists and Who It Binds
Federal law has nothing like this. The Worker Protection Standard protects agricultural workers; IAC 21—45.50 protects the general public in towns and cities. It binds commercial and public applicators, not private applicators, and it applies to lawn care, turf, ornamental, structural perimeter, mosquito, and right-of-way work inside municipalities.
For enforcement purposes the rule defines its own terms broadly. "Municipality" includes any city or developed residential area in the state, and "urban" means any area within or belonging to a city or developed residential area. An unincorporated subdivision counts.
The Three Exemptions
Posting is not required for:
- Applications made within a structure.
- Applications made within six feet of the outside perimeter of a structure — the typical perimeter barrier treatment.
- Applications made by the homeowner or tenant to their own property.
The six-foot perimeter exemption is the one candidates miss. A structural technician spraying a two-foot band around a house does not post; the same technician treating the lawn does.
Sign Requirements by Setting
| Setting | Placement | Sign specification |
|---|---|---|
| Residential lawns | Two to five feet from the sidewalk or street; unfenced or open backyards posted two to five feet from the back lot line; adjust reasonably where landscaping blocks compliance | At least 4 x 5 inches with letters at least 3/8 inch; projects at least 12 inches above the grass line or 18 inches to the top of the sign |
| Golf courses | Conspicuously near the first tee of each nine-hole course, displayed before the application and left at least 24 hours | Weather-resistant, minimum 8½ x 11 inches, lettering at least ½ inch, reading "Pesticides are periodically applied to the golf course. If desired, you may contact your golf course superintendent or person in charge for further information." |
| Parks, playgrounds, athletic fields | Immediately adjacent to treated areas and at or near the entrances to the property | Conspicuous enough to give reasonable notice to the public |
| Public rights-of-way | Minimum two signs marking the beginning and end of the treated area; within developed residential zones, one at the beginning and one at the end of each block; readable from the adjacent property | Weather-resistant poster at least 10 x 12 inches, lettering at least 1 inch, projecting at least two feet above the grass line or three feet to the top, reading "This area chemically treated. Keep off" |
Rights-of-way bordered by a chain link fence, noise wall, or other structure barring pedestrian access are exempt from posting.
What Every Sign Must Say
At minimum, in contrasting colors and block letters:
- The name and telephone number of the business, organization, entity, or person applying the pesticide, and
- The words "This area chemically treated. Keep off. Do not remove sign for twenty-four hours."
A universally accepted symbol and text approved by the secretary may substitute. When the label requires a reentry restriction longer than 24 hours, the sign must say so and must stay up for that longer period.
Signs must be rain-resistant for at least 24 hours and may not be removed by the applicator for at least 24 hours. The applicator must give the property owner, tenant, or person in charge instructions that the sign has to stay in place for the minimum period. Once the period elapses, either the applicator's representative or the property owner removes the sign.
Information Duties That Travel With the Application
- The label and other information normally associated with the pesticide applied must be provided to any individual on request.
- If the label requires further maintenance after application, the applicator must give the homeowner or agent in charge a copy of the complete label on request plus instructions on proper maintenance.
- For rights-of-way, the licensed applicator must make pesticide application schedules and community right-to-know information available to the public at the applicator's place of business during regular business hours.
Public Pest Control Programs and the Prenotification Registry
Municipal public-health applications — mosquito abatement is the classic example — are exempt from posting provided the intended dates, times, and locations are announced to the public at least 24 hours in advance through mass communication: a major radio station, TV station, newspaper, or equivalent.
In lieu of that public announcement, a municipality may maintain a prenotification registry of persons who ask to be notified before applications adjacent to their property, notifying them at least 24 hours in advance. The municipality may also agree, on request, to refrain from applying pesticides to adjacent properties. The registry is updated annually, contains at least each person's name, address, and a daytime telephone number, and must be made available on request to licensed commercial and public applicators.
Prior Notification to Adjoining Occupants
An occupant of property adjoining a site treated by a commercial or public applicator may request prior notification in writing, supplying their name and address, a daytime and evening telephone number, and the address of each adjoining property. The applicator must then:
- Give notice at least the calendar day before the scheduled application, in writing, in person, or by telephone, disclosing the date and approximate time of day.
- Document any non-written notice and keep the record at the place of business.
- If contact fails, leave a written notice at the residence at least the calendar day before.
A parallel provision applies to golf courses, where the request goes to the superintendent. Every prior-notification request expires December 31 each year, or when the occupant stops occupying the property, whichever comes first — so requests do not roll over automatically into the next season.
A commercial applicator applies a perimeter insecticide band three feet wide around the outside of a house in a city, then broadcasts a herbicide over the front lawn. What must be posted under IAC 21—45.50?
What information must appear at minimum on an Iowa urban notification sign?
An adjoining property occupant submits a written request for prior notification in March. What does the applicator owe, and when does the request expire?