Section 7.53 - County Special Provisions(a) Aransas. No permit is required for spraying regulated herbicides during the months of January and February.(b) Austin. (1) Only that portion of Austin County lying east and south of the line beginning at the point where State Highway 36 crosses the north county line, thence southerly along Highway 36 to FM 949; thence westwardly along FM 949 to the San Bernard River is regulated by the Act, Subchapter G and regulations adopted thereunder.(2) Between March 15th and July 31st, in that portion of Austin County lying south of Interstate Highway 10, the following restrictions on the use of 2,4-D formulations shall apply: (A) the application by aircraft is prohibited;(B) the use of all ester formulations by any method is prohibited.(c) Bailey. (1) For the period beginning on October 1 of one calendar year through May 1 of the following calendar year, no permit will be required for the use of the regulated herbicides in that part of Bailey County defined by the following landmarks: south of Highway 746 from Texas/New Mexico state line extending east to Highway 214; then south on Highway 214 to the intersection of Highway 214 and Highway 746; then proceeding east on Highway 746 to the Bailey/Lamb County Line.(2) Aerial application of regulated herbicides is prohibited in the area described in this subsection during the regulated period.(3) For the period beginning on October 1 of one calendar year through April 15 of the following calendar year, no permit will be required for the use of regulated herbicides in that part of Bailey County defined by the following landmarks: north of 746 from Texas/New Mexico state line extending east to Highway 214, then south on Highway 214 to the intersection of Highway 214 and Highway 746; then proceeding east on Highway 746 to the Bailey/Lamb County line.(4) Except as provided in these subsections, the aerial application of regulated herbicides is prohibited except that the aerial application of dicamba is allowed in the area described in this subsection during the regulated period.(d) Baylor. (1) No permit is required for the application of a regulated herbicide during the period of September 16 to May 14 of the following year.(2) The application of the following regulated herbicides are prohibited during the regulated period beginning May 15 and ending September 15 of each year: (A) the ester formulations of 2,4-dichlorophenoxyacetic acid (2,4-D); and(B) 2-methyl-4-chlorophenoxyacetic acid (MCPA).(e) Brazoria. (1) For that portion of Brazoria County east of the Brazos River all formulations of 2,4-D may be aerially applied throughout the year.(2) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.(3) For that portion of Brazoria County not included in paragraph (1) of this subsection, the aerial application of regulated herbicides is prohibited between March 25th and August 1st of each year.(4) The use of high volatile herbicides is prohibited.(f) Brazos. That portion of Brazos County lying east of the Brazos River and west of the following described line shall be regulated by the Act, Subchapter G and regulations adopted thereunder. The eastern boundary of the regulated area is as follows: (1) beginning at the intersection of State Highway No. 6 and Old San Antonio Road (OSR), which point is on the north boundary line of Brazos County; thence in a southerly direction along OSR to its intersection with Texas Highway 21; thence in a westerly direction along Texas Highway 21 to the Little Brazos River; thence in a southerly direction along the east bank of the Little Brazos River to its intersection with the Brazos River; thence in a southerly direction along the east bank of the Brazos River to Koppe Bridge Road; commencing again on FM 159 in Allen Farm at the railroad intersection along FM 159 to its intersection with State Highway 105.(2) that portion of Brazos County lying east of the line described in paragraph (1) of this subsection shall be exempt from the Act, Subchapter G and regulations adopted thereunder.(g) Briscoe. (1) The aerial application of regulated herbicides shall be prohibited from May 1 through September 1 of each year in that portion of Briscoe County that lies above the Caprock Escarpment, such area to be designated as Zone 1.(2) The aerial application of regulated herbicides will be allowed in Zone 1 between September 2 and October 1 of each year with the requirement of a permit.(3) The aerial application of regulated herbicides shall be prohibited from May 1 through October 1 of each year in that portion of Briscoe County that lies below the Caprock Escarpment, such area to be designated as Zone 2.(4) Only 2,4-D amine and dicamba may be applied by ground applications with the requirement of a permit.(5) No permit is required for the application of regulated herbicides from October 2 through April 30 of the following year.(h) Burleson. (1) The application of regulated herbicides by aircraft is allowed during the period of October 1 through February 28 of the following year, as long as there are no susceptible crops located within two miles of the application area.(2) Between March 1 and September 30 of each year, the following restrictions on the use of 2,4-D formulations shall apply. (A) Only amine formulations may be used with a boom-type sprayer for ground applications in that area beginning at Milam County line; thence south along FM Road 1362 to FM Road 166; thence east to FM Road 2039; thence south to FM 60; thence west on FM 60 to Davidson Creek; thence south along Davidson Creek to Washington County line to Brazos River; thence north along Brazos County line to Milam County line, the place of the beginning.(B) Cluster nozzles are prohibited in the area designated in subparagraph (A) of this paragraph.(i) Childress. (1) No permit is required for the application of regulated herbicides during the period of September 16 to May 15 of the following calendar year.(2) The application of the following regulated herbicides is prohibited during the regulated period beginning May 16 and ending September 15 of each year: (A) Ester formulation of 2,4-Dichlorophenoxyacetic acid (2,4-D);(B) 2-Methyl-4-Chlorophenoxyacetic Acid (MCPA);(3) The application of Dicamba and 2,4-D amine is prohibited during the regulated period except during the period of May 10 and ending June 5 of each year with the requirement to obtain a permit.(j) Cochran. (1) The use of 2,4-D ester is prohibited for the period beginning April 25 and ending October 15 of each year.(2) The aerial application of all regulated herbicides is prohibited for the period beginning April 25 and ending October 15 of each year.(3) A permit for application of all regulated herbicides is required for the period beginning January 1 and ending on December 31 of each year.(k) Collingsworth. (1) The aerial application of regulated herbicides is allowed with the requirement of a permit between the dates of November 1 of one calendar year and April 25 of the following calendar year.(2) Ground and aerial applications of regulated herbicides will be allowed with the requirement of a permit throughout the year in the northeast part of the county, identified with physical boundaries north of the Salt Fork of the Red River and east of U.S. Highway 83.(3) Ground applications of 2,4-D amine will be allowed with the requirement for a permit throughout the county between the dates of April 16 and October 30 of each year.(l) Dawson. (1) No permit is required for the application of the regulated herbicides during the period from October 1 to April 15 of the following year.(2) All ester formulations and/or other high volatile formulations of 2,4-D shall be prohibited.(3) A permit is required for the ground application of 2,4-D amine and dicamba during the regulated period from April 16 through September 30 of each year.(4) The aerial application of dicamba only is allowed with the requirement of a permit during the regulated period from April 16 through September 30 of each year.(m) Deaf Smith. (1) The use of all ester formulations of regulated herbicides is prohibited from May 1 through September 30 of each year;(2) A permit is required for the application of all other formulations of regulated herbicides from May 1 through September 30 of each year; and(3) A permit is not required for the application of regulated herbicides between the dates of October 1 through April 30 of each year.(n) Delta. The aerial application of regulated herbicides is prohibited between April 15 and September 1 of each year.(o) Dickens. (1) The application of all ester formulations of regulated herbicides is prohibited between May 15 and September 15.(2) The application of regulated herbicides by aerial application is prohibited between May 15 and September 15.(3) The application of regulated herbicides by cluster nozzle applications is prohibited between May 15 and September 15.(4) Only 2,4-D amine formulation and dicamba may be applied by ground applications between May 15 and September 15, with the requirement of a permit.(5) No permit is required for the application of regulated herbicides between September 16 and May 14.(p) Falls. (1) The use of all ester formulations of regulated herbicides is prohibited from April 1 through August 31 of each year.(2) A permit is required for the application of the other formulations of regulated herbicides from April 1 through August 31 of each year.(3) A permit is not required for the application of regulated herbicides between the dates of September 1 to March 31 of each year.(q) Foard. That portion of Foard County within the area described as follows is regulated by the provisions of the Act, Subchapter G and regulations adopted thereunder, for the period beginning May 25 and ending October 10 of each year: all of that portion of Foard County lying east of a line which has its origin beginning at a point where the Pease River intersects the east boundary line of Section 509, Block A, H&T.C.RR.C., survey, thence continuing southerly along the adjoining section lines ending at a point of intersection with the 345 KV transmission electric power lines, then, all of the portion of Foard County lying north of a line along the 345 KV transmission electric power lines extending easterly to the Wilbarger County line.(r) Fort Bend. (1) The aerial application of all formulations of 2,4-D is prohibited between March 10 and September 15 of each year.(2) The application of high volatile herbicides is prohibited.(3) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.(s) Gaines. (1) The application of all regulated herbicides is allowed without the requirement of a permit between the dates of October 1 and March 31 of the following year.(2) A permit is required for the application of the regulated herbicides between the dates of April 1 to September 30 of each year.(t) Hall. The application of regulated herbicides is prohibited between May 10 and October 15 of each year, with the exception of the application of dicamba by ground equipment provided the user obtains a permit from the department prior to the use during the regulated period. The application of regulated herbicides is allowed without the requirement of a permit for the period beginning October 16 and ending May 9 of the following year.(u) Hardeman. (1) No permit is required for the application of regulated herbicides during the period of September 16 to May 15 of the following calendar year.(2) A permit is required for the application of the following regulated herbicides during the regulated period beginning May 16 and ending September 15 of each year: (A) Any formulation of 2,4-Dichlorophenoxy acetic acid (2,4-D);(B) 2-Methyl-4-chlorophenoxy acetic acid (MCPA);(v) Harris. (1) The use of high volatile herbicides is prohibited.(2) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.(w) Haskell. (1) No permit is required between November 1 and May 20 of the following calendar year.(2) Aerial application of regulated herbicides is prohibited between June 2 and November 1 of each year.(x) Hudspeth. (1) The use of all ester formulations of regulated herbicides is prohibited between the dates of April 1 and October 15 of each year.(2) A permit is required for the application of the other formulations of regulated herbicides between the dates of April 1 and October 15 of each year.(3) A permit is not required for the application of the regulated herbicides between the dates of October 16 to March 31 of the following year.(y) Hunt. (1) The aerial application of regulated herbicides shall be prohibited from April 15 through September 1 of each year.(2) No permit is required for the application of regulated herbicides from September 1 of one calendar year through April 15 of the following calendar year.(z) Jackson. No permit is required for the application of regulated herbicides during the months of January and February of each year.(aa) King. Aerial application of regulated herbicides is prohibited between June 10 and October 15 of each year.(bb) Knox. That portion of the county lying north of the Brazos River to its intersection with longitude 99 degrees 35'; thence north to latitude 33 degrees 42' going west to State Highway 6, then north to the Foard County line, west to King County line; thence south to the Brazos River, is exempt from the Act, Subchapter G and regulations adopted thereunder. All other portions of Knox County are required to comply with provisions of the Act, Subchapter G and regulations adopted thereunder, except that during the period between October 1 through March 31 of the following calendar year no permit will be required.(cc) Lamar. (1) That portion of Lamar County beginning at the Red River County line on State Highway 271N, which point is the east boundary line of Lamar County; thence on a northwesterly direction along 271 North to the town of Pattonville; thence in a westerly direction from Pattonville along Jefferson Road for a distance of two miles; thence south on unnamed oil top county road 0.9 mile to community of Shady Grove; thence in a westerly direction on unnamed oil top county road for one mile to the intersection of FM 905; thence south one mile on FM 905 to first unnamed oil top county road in community of Plainview; thence in a westerly direction on county road four miles to the town of Biardstown to intersection of FM 1497; thence northwesterly on FM 1497 0.3 mile to Hickory Creek; thence southeasterly on Hickory Creek to North Sulphur River, which is the south boundary line of Lamar County; thence easterly along the south county line to the southeast corner of the county; thence northerly along the east county line to its intersection with Highway 271 North, to the point of beginning is regulated by the Act, Subchapter G and regulations adopted thereunder.(2) Aerial application of regulated herbicides is prohibited in the regulated portion of Lamar County between April 15 and September 1 each year.(dd) Lamb. During the period between September 15 of one calendar year through April of the following year, no permit will be required for the following regulated herbicides: (1) 2-methyl-4 chlorophenoxyacetic acid (MCPA);(2) polychlorinated benzoic acids; and(3) either alone or in mixtures any of the herbicides listed in paragraph (1) and (2) of this subsection.(ee) Matagorda. (1) The aerial application of all formulations of 2,4-D is prohibited between March 10 and September 15 of each year.(2) The application of high volatile herbicides is prohibited.(3) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.(ff) Milam. (1) The use of all ester formulations of regulated herbicides will be prohibited between the dates of April 1 and August 31 of each year.(2) A permit will be required for the application of the other formulations of regulated herbicides between the dates of April 1 and August 31 of each year.(3) A permit will not be required for the application of the regulated herbicides between the dates of September 1 to March 31 of the following year.(gg) McLennan. (1) The use of all ester formulations of regulated herbicides will be prohibited between the dates of April 1 and August 31 of each year.(2) A permit will be required for the application of the other formulations of regulated herbicides between the dates of April 1 and August 31 of each year.(3) A permit will not be required for the application of the regulated herbicides between the dates of September 1 to March 31 of the following year.(hh) Moore. (1) The use of all ester formulations of regulated herbicides is prohibited from May 1 through September 30 each year.(2) A permit is required for the application of all other formulations of regulated herbicides from May 1 through September 30 of each year.(3) No permit is required for the application of regulated herbicides during the period beginning October 1 and ending April 30 of the following year.(ii) Motley. No permit is required for the period of November 1 to May 14 of the following year.(jj) Parmer. No permit is required in Parmer County for applications of regulated herbicides between November 1 and March 31 of the following year. However, the application of all ester formulations of 2,4-D is prohibited between the dates of April 15 and October 1 of each year.(kk) Refugio. (1) The application of the ester formulations of 2,4-D by any means is prohibited between the period of March 1 and September 15 of each year. The application of the amine formulations of 2,4-D is prohibited between the period of March 10 and September 15 of each year except by permit.(2) No permit is required for the application of regulated herbicides during the period of September 16 and ending the last day of February of the following year.(ll) Robertson. (1) Persons in that portion of Robertson County, east of State Highway 6, are exempted from requirements of the Act, Subchapter G and regulations adopted thereunder.(2) A permit is required for the application of regulated herbicides in that portion of Robertson County, west of State Highway 6 between the dates of April 1 and September 15 each year.(mm) Runnels. That portion of Runnels County beginning on the west county line at the point of intersection with the Colorado River, east-southeasterly along the Colorado River to its intersection with U.S. Highway 83, thence north along U.S. Highway 83 to its intersection with the north county line, thence westerly along the north Runnels County line to the northwest corner of the county, thence southerly along the west county line to the Colorado River, the point of beginning, is regulated by the Act, Subchapter G and regulations adopted thereunder. In regulated areas, no permit is required from October 1 through May 25 of the following year. The application of ester formulations of regulated herbicides is prohibited from May 26 through September 30 of each year. The application of other regulated herbicides will be allowed beginning May 26 through September 30 of each year provided that a spray permit is obtained prior to each application.(nn) San Patricio. No permit is required during the period beginning August 15 and ending March 1 of the following year. Application of regulated herbicides during the period of March 2 through August 14 must be in compliance with the Act, Subchapter G and regulations adopted thereunder. Only boom-type equipment can be used, for ground applications with nozzle height not to exceed 24 inches and maximum pressure not to exceed 20 pounds per square inch. The use of 2,4-D amine herbicides must meet the following requirements for both ground and aerial applications: (1) wind velocity of 0-5 mph downwind within 16 rows and upwind 8 rows;(2) wind velocity of 6-10 mph downwind 1/8 mile and upwind 8 rows.(oo) Wharton. (1) The aerial application of all formulations of 2,4-D is prohibited in that portion of Wharton County east of the Colorado River between March 10 and September 15 of each year.(2) The application of all formulations of 2,4-D by any method is prohibited during the period beginning March 10 and ending October 1 of each year, in that portion of Wharton County lying west of the Colorado River.(3) The use of high volatile herbicides is prohibited.(4) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.(pp) Wilbarger. (1) No permit is required for the application of regulated herbicides during the period of September 16 to May 9 of the following calendar year.(2) The application of the following regulated herbicides is prohibited during the regulated period beginning May 10 and ending September 15 of each year: (A) Ester formulations of 2,4-Dichlorophenoxyacetic Acid (2,4-D);(B) 2-Methyl-4-Chlorophenoxyacetic Acid (MCPA).(3) The aerial application of polychlorinated benzoic acids and 2,4-D amine is prohibited during the regulated period except during the period of May 10 and ending May 20 of each year. Ground applications of polychlorinated benzoic acids and 2,4-D Amine may be made during the regulated period with the requirement of a permit.(4) Research conducted by the Texas A&M University System under the auspices of brush and weed control, using all regulated herbicides, will be allowed during the regulated period. Aerial applications must provide a buffer zone of at least five statute miles from any susceptible crops, and wind velocity must not exceed 10 mph during application. Research will be allowed during the period beginning May 15 and ending September 15 of each year. The department shall be notified before the commencement of such research projects.4 Tex. Admin. Code § 7.53
The provisions of this §7.53 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective February 24, 1999, 24 TexReg 1154; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective April 22, 2004, 29 TexReg 3789; amended to be effective July 25, 2005, 30 TexReg 4211; amended to be effective July 22, 2007, 32 TexReg 4383; Amended by Texas Register, Volume 40, Number 07, February 13, 2015, TexReg 691, eff. 2/17/2015; Amended by Texas Register, Volume 48, Number 09, March 3, 2023, TexReg 1290, eff. 3/9/2023