W. Va. Code R. § 61-12D-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 61-12D-5 - Minimum Spray Distances

5.1. The applicator for the utility shall not apply herbicides within the distance specified in the tables contained in this section of the rule. The following minimum spray distances shall be adhered to unless greater distances are specified on the label of the pesticide.

5.1.a. Formulations Containing Picloram or Dicamba herbicides:

AREA

Ponds	100 feet
Year Around Flowing Water (including wells, springs, and other water areas used for domestic purposes)	200 feet
Cultivated Land,
except Tobacco fields	100 feet
Tobacco fields	500 feet
Christmas Tree Plantations	100 feet
Pasture Lands	100 feet
Public Recreation Areas	100 feet
Residential Structures (used as year-around homes)	150 feet
Barns and Other Outbuildings
Where People or Livestock
Might Ordinarily Be Expected	150 feet
County, State, and Federal,
Graveled or Paved Road
Crossovers and lines
Parallelling such Roads	50 feet

5.1.b. Other Herbicide Formulations Not Listed in sub division 5.1.a of this rule.

AREA

Ponds	100 feet
Year Around Flowing Water (including wells, springs, and other water areas used for domestic purposes)	200 feet
Cultivated Land,
except Tobacco fields	100 feet
Tobacco fields	200 feet
Pasture Lands	100 feet
Christmas Tree Plantations	100 feet
Residential Structures (used as year around homes)	100 feet
Barns & Other Outbuildings
Where People or Livestock
Might Ordinarily Be Expected	150 feet
Public Recreation Areas	150 feet
County, State, and Federal,
Graveled or Paved Road
Crossovers and lines
Parallelling such Roads	50 feet

5.2. Application Spray System.

The minimum spray distance listed in sub-divisions 5.1.a and 5.1.b of this rule applies to applications utilizing a drift control system such as a microfoil spray boom or its equivalent. Persons using non-drift control technology in the aerial application of herbicides shall notify the commissioner of the West Virginia Department of Agriculture in writing and shall specify minimum spray distances at least double those listed in sub-divisions 5.1.a and 5.1.b of this rule.

5.3. Measured Tolerance - The commissioner will use a tolerance of ten (10) percent in the minimum spray distances to assess acceptability with this section.

W. Va. Code R. § 61-12D-5