Falmouth Town Councilor Alisa Morton, left, shares concerns about the pesticide and fertilizer ordinance following a presentation on the edits made on Jan. 13. Screenshot / Town of Falmouth

Another version of the controversial proposed pesticide and fertilizer ordinance was presented to the Falmouth Town Council on Jan. 13, following calls for minor edits to the stricter ordinance that has been in the works since 2022. The newest version of the ordinance clarifies requirements for retailer compliance and the registration of public utilities as they relate to selling and spraying fertilizers and pesticides.

At the Town Council meeting, Falmouth Policy Analyst Amanda Methot-Vigue introduced the proposed ordinance with the edits that the Ordinance Committee made based on the feedback received from councilors and the community about another version of the ordinance was introduced on Dec. 9.

Town Councilor Bryce Hach said the process of editing the ordinance has been about finding the balance of government oversight and individual freedoms.

“We really tried to find … that balance point between what is our community’s best interest in terms of environmental health and as an entire community, and what is the best interest of individuals and individuals homeowner rights,” said Hach.

Three years ago, Falmouth’s Conservation Commission began the task of updating its ordinance from 2020 that regulates pesticides and fertilizers, a process that has been controversial among town residents. The stricter draft ordinance under consideration now was proposed in April 2024 and maintains the restrictions from the 2020 ordinance while also banning certain pesticides, such as those containing neonicotinoids and fertilizer containing phosphorus. The draft ordinance also bans pesticide and fertilizer application within 75 feet of any body of water and has requirements for fertilizer and pesticide applicators and retailers in Falmouth.

Despite the changes that the draft ordinance has seen over the years, Town Council Chair Jay Trickett described the drafts between Dec. 9 and Jan. 13 as “substantially similar.”

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In the draft ordinance presented on Jan. 13, a requirement that retailers selling pesticides and fertilizers in Falmouth must clearly mark which products are permitted for use in the town was changed to specify that this become a requirement only for products for lawns, gardens and landscapes, according to Methot-Vigue’s presentation. This change arose from concerns at the Dec. 9 meeting that the requirement would unintentionally apply to other pesticide products, such as bug spray, unless further specified.

Under the newest draft ordinance, public utilities may register their vegetation management staff directly instead of going through a contracted pesticide and fertilizer applicator.

The ordinance was also changed to state that only sole proprietors or business entities that use or apply pesticides or fertilizers for compensation are required to register with the town. This clarified that homeowners applying pesticides or fertilizers to their own lawns are not required to register.

Following the presentation of the minor edits, Falmouth Town Councilor Alisa Morton raised larger concerns about a lack of community engagement and understanding of the ordinance.

“I hear from a lot of constituents, and I feel like I’m receiving insufficient public engagement and support, and that concerns me for the effective implementation of this. Many residents still are unsure of the requirements. I think there’s a lot of misconceptions, too, that a lot of residents have also not seen this updated version,” said Morton. “Which, as I mentioned on Dec. 9, I think, was a huge testament to the Conservation Commission’s responsiveness to what they’ve heard from the public,” she said.

Morton also questioned whether changing the draft ordinance too far in response to public feedback was a missed opportunity to take larger action to reduce the application of pesticides and fertilizers in Falmouth.

“I also question if, as a result, it’s been a departure from the Conservation Commission’s initial vision and hope of impact. And so, I go back and forth of, is it better to take a small step forward in the right direction, or do we try to do something even more impactful?”

According to the town’s website, a public hearing will be held Feb. 10 to discuss the newest draft of the pesticide and fertilizer ordinance. At the Dec. 9 meeting, Methot-Vigue stated that the Ordinance Committee aimed to have the ordinance in place and enforced by April.

Editor’s note: This story was updated at 12:50 p.m. on 1/22/2025 to correct the position title of Amanda Methot-Vigue. She is the policy analyst for Falmouth. 

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