Pesticide and Fertilizer Use

Our goal is to foster practices that prevent the need for pesticides and chemical fertilizers, and create vibrant landscapes and waterways that are healthy and safe for people, pets, and pollinators. When you take away pesticides and fertilizers, the natural balance of the ecosystem is restored, which makes your yard and our community more resilient and ecologically rich. Whether you are looking to grow a healthy, lush lawn or start a vegetable or perennial garden, here are some easy steps to follow. 

• This Top Ten Practices is a simple resource for understand how and why to manage your lawn and landscape organically. (City of South Portland adapted from multiple sources)
• How to be an Ecological Gardener is similar, but with more of a focus on gardening. (Wild Seed Project)
• The Maine Yardscaping website includes contact information for experts in the field who are available to answer questions and a list of how to choose the right plants and which plants to avoid. (Maine Dept of Agriculture, Conservation, and Forestry)

Before applying a restricted pesticide under the Landcare Management Ordinance, applicators must request a waiver and receive approval from the City. This applies to each application.

To use synthetic pesticides you may apply for a waiver for: (1) situations that pose a threat to public health and safety or (2) for the control of invasive species that pose a threat to the environment. Note: Pesticide use for the management of invasive insects (as defined by the Maine Forest Service) is exempt under the ordinance; therefore no waiver is needed.

To use synthetic fertilizer on performance turf or for new development you may apply for a waiver if one or more the following conditions exists: (1) The soil temperature is less than 55 degrees Fahrenheit and reasonable grounds exist to justify fertilizer use at that location and at that time; (2) The turf is experiencing high stress due to high use and must be ready for high performance play when the sports season(s) begin; or (3) A suitable organic product that meets the nutrient needs of the soil as specified in a soil test is unavailable. 

Download the Waiver Application form (pdf)

Completed forms shall be emailed to lmac@southportland.gov, or mailed to: ATTN: Fred Dillon, WRP, 111 Waterman Drive, South Portland, ME 04106.

Notification will be provided to the applicant within 5 business days. Restricted pesticides shall only be applied after a waiver is granted by the City.

Approval Criteria

When applying for a waiver, the applicant shall provide substantial proof that they have exhausted all reasonable alternatives to the use of restricted pesticides. In deciding waiver requests, the LMAC Waiver Committee will assess the application on the reasons above and these four conditions:

• The applicant has carefully evaluated all alternative methods and materials.
• The applicant will, to the greatest extent practical, minimize the impact of the application on abutting properties and nearby water resources.
• The applicant will carefully consider weather predictions to avoid applying pesticides immediately prior to rain events and/or windy conditions.
• The grant of the waiver will not be detrimental to the public health, safety, or welfare.

Notification Procedures

If prohibited pesticides are used under exemption or waiver criteria, certain notification procedures must be followed, whether the applicator is a landscape company, business owner, landlord, or resident.

• Owner or applicant shall post warning signs prior to the application and leave them up for at least 48 hours. 
• All warning signs must be 5" high by 4" wide, attached to a dowel or other supporting device so that the bottom of the sign is not less than 12" and the top of the sign is not more than 48" above the ground. Signs shall be weather-resistant and easily read for 48 hours after being placed outdoors. Sign shall be on a light-colored background with dark bold letters. 
• Signs must include the following: The word "CAUTION" in 72 point type, the words "PESTICIDE APPLICATION" in 30 point type or larger, the chemical and trade name of the pesticide, the Maine Board of Pesticides Control designated symbol, any reentry precautions from the pesticide labeling, the name and telephone number of the entity making the pesticide application, and the date and time of the application and a date/time to remove the sign.

The purpose of South Portland’s Landcare Management Ordinance (LMO) is to safeguard and protect the health of our community (people and pets) and environment (soil and waterways). By limiting the use of harmful pesticides and fertilizers, we can all play a role in creating a healthy and vibrant city. 

Taking a Precautionary Approach: Organic Land Care as Our Community Standard

South Portland has embraced a precautionary approach to the application of landcare products and set organic landcare as our community standard. The scientific literature is filled with studies that link pesticide exposure to a range of harmful health effects such as cancer, reproductive dysfunction, birth defects, asthma, autism, learning disabilities, diabetes, Parkinson’s and Alzheimer’s. Likewise, Texas A&M’s College of Veterinary Medicine indicates that pesticides are a main source for toxicity in pets, with symptoms including vomiting, diarrhea, seizures, trouble walking, drooling, nausea, and/or tremors. Numerous studies have also identified the adverse impacts of fertilizer use on the health of aquatic ecosystems. The City reviewed the science, regulatory standards, and availability of practices and products that do not rely on toxic chemicals to effectively manage lawns and landscapes, and has determined that its playing fields, parks, and yards can be managed without toxic pesticides and fertilizers.

The Importance of Healthy Soils and Waterways

Healthy soils serve as the foundation for vibrant ecosystems and plant life and play an important role in climate change mitigation by storing carbon (carbon sequestration) and decreasing greenhouse gas emissions in the atmosphere. Organic landcare practices support the development of healthy soils and minimize the need for applying pesticides and fertilizers.

With 16 miles of coastline, the City of South Portland has a responsibility to protect the health of our waterways. The overuse and misapplication of fertilizers (whether organic or synthetic) causes excess nutrient loads to enter our streams, rivers, sewers, and ultimately, Casco Bay. These nutrient loads deplete oxygen in the ocean and create harmful algae blooms, increase ocean acidification, and degrade the overall water quality. When Friends of Casco Bay tested rainwater running into Casco Bay, they found pesticides at 13 coastal sites, some in amounts that the EPA has determined to be harmful to fish and other aquatic life. In addition to the environmental impacts, fertilizer runoff also impacts the economic vitality of local fisheries and businesses.

Threats to Pollinators and other Wildlife

The same pesticides making our pets deathly ill are also polluting our urban streams and groundwater, endangering fish and other living organisms. Of the 30 most commonly used lawn pesticides outlined in this factsheet, all 30 are toxic to fish and aquatic organisms, 29 are toxic to bees, and 22 are toxic to birds.

Issues with EPA’s existing pesticide regulations

There are two important issues limiting our understanding of how safe or unsafe pesticides are. First, EPA only tests the active ingredient in pesticide formulations, despite the fact that pesticide products can contain multiple ingredients that can act “synergistically.”  Second, EPA does not test the toxicity of "inert ingredients" or combinations of inert ingredients and active ingredients, despite the fact that they may comprise up to 99.9% of a pesticide formulation.

When can I use pesticides?

You can use pesticides that are certified organic by the USDA or considered “minimum risk” by the EPA at any time. (1)

Examples of the types of effective organic pesticides include: 

• Horticultural and insecticidal soaps
• Vinegar-based herbicides
• Essential oil-based pesticides
• Diatomaceous earth
• Biological-based pesticides such as bacillus thuringiensis (BT)

You can continue to use synthetic pesticides as needed (without a waiver) for management of:

• Indoor pests and pests that may cause structural damage (e.g. termites and carpenter ants)
• Invasive insects as defined by Maine Forest Service 
• Poisonous plants (e.g. poison ivy)
• Pests that may pose significant health concerns (e.g. ticks, mosquitoes, rats)
• Utility right-of-way applications as defined in state statute Title 7, §625

You can apply for a waiver to use synthetic pesticides: 

• In situations that threaten the public health and safety
• For the control of invasive species that pose a threat to the environment
• For the application of a rescue treatment to prevent damage to infrastructure

You can apply for a waiver from the provisions of this ordinance prior to the use of a prohibited product for one of the applications listed above. Refer to the "How to Apply for a Waiver" tab above.

When can I use fertilizers?

South Portland, only organic fertilizers are allowed for use. You can use organic fertilizers in the following situations:

• Applications of organic fertilizer on established turf, including residential lawns, are allowed as long as a standard soil test is conducted every two years. Up to two fertilizer applications are permitted in one calendar year, and for each application, total nitrogen may not exceed 1 lb. per 1,000 square feet. Applications of organic fertilizer may not contain nutrients in excess of the amount recommended by the completed soil test. 
  • Only phosphorus-free, organic fertilizer is allowed for these applications, unless the soil test indicates a need for phosphorus. Learn more about conducting a soil test.
  • Organic systems thrive when soil biology is healthy enough to support the natural cycling of nutrients, resulting in resilient turf and plants. Identifying products that do not undermine soil biology is therefore essential. However, organic turf management is not a product-based approach. Since all products have some degree of risk, organic land managers urge that all products are used as a last resort. Starting with a soil test is our number one recommendation when transitioning to organic landcare. The more you know about your soil, the better decisions you can make to ensure long-term health and vitality for your lawn and garden.
• Organic fertilizer can be used on performance turf (playing fields) as necessary, provided that total nitrogen does not exceed 4 lbs per 1,000 square feet per year.
• Organic fertilizer can be used for the establishment or re-establishment of turf, and may contain phosphorus (no soil test needed). Unless the application is through hydro-seeding or overseeding, the fertilizer must be incorporated into the soil 2-3 inches deep. Fertilizer applications may not exceed 1 lb. of nitrogen and phosphorus per 1,000 square feet per application. Total nitrogen and phosphorus may not exceed 2 lbs. per 1,000 square feet per calendar year from the date of last application. 
• Fertilizer can be used on vegetable and ornamental gardens and non-grass landscaped areas.
• In limited circumstances, a person can apply for a waiver to use synthetic fertilizer on performance turf or for new development. Refer to the "How to Apply for a Waiver" tab above.

How can I find out what pesticide and fertilizer products are allowed?

To determine if certain products are allowed for use, you can: 

• Check the List: The List of Products Compatible with Organic Landscape Management identifies pesticides and fertilizers that comply with South Portland’s Landcare Management Ordinance. This list will be updated periodically and should not be considered a final, complete list of products.
• Search the Database: The Organic Materials Review Institute (OMRI) reviews and lists pesticide products which are in compliance with the City’s ordinance. OMRI has a searchable database, which can be searched by product, generic materials, company name, product name, or product type. (Note: this is a huge database because it includes all agricultural products.)
• Look for the Label: If you are shopping, another way to tell if a product is organic and therefore South Portland compliant is if it has one of these labels visible on the product or the shelf: 
  • "OMRI" listed
  • "Yardscaping"-approved (stickers on each product indicating it is organic and meets South Portland's ordinance criteria) 

FOOTNOTES

(1) The list of certified organic products is based on the National List of Allowed and Prohibited Substances of the Organic Foods Production Act (7 C.F.R. 205.601 and 602), passed by the U.S. Congress in 1990 and overseen by the National Organic Standards Board. The of minimum risk products is based on the U.S. Environmental Protection Agency’s list of exempt pesticides, Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (40 C.F.R. 152.25).

Prohibited Uses

ALL pesticides and fertilizers (synthetic and organic) are prohibited within 75 feet of a water body or wetland within the City. This includes all ponds, rivers, streams, tidal areas, and coastal or freshwater wetlands.

Synthetic pesticide use is prohibited on all outdoor land types. You cannot use synthetic pesticides on lawns, vegetable and ornamental gardens, landscaped areas, patios, sidewalks, driveways, and parks and playing fields. Exceptions are noted above in “What is allowed?”

Synthetic fertilizers are strictly prohibited on turf, lawns, and playing fields (except with a waiver).

All fertilizers (synthetic and organic) are prohibited in the following situations:

• Applications on frozen ground or water-saturated surfaces 
• Applications when a heavy rain event is forecast or is occurring 
• Applications during summer dormancy (generally June through August)
• Applications on impervious surfaces (i.e. pavement, sidewalks, etc.) 
• Applications with phosphorus except where a soil test conducted within the last three years indicates a need for phosphorus, or phosphorous is being used for new development/reestablishment

You can use synthetic pesticides as needed for management of:

• Indoor pests and pests that may cause structural damage (e.g. termites and carpenter ants)
• Invasive insects as defined by Maine Forest Service 
• Poisonous plants (e.g. poison ivy, poison oak, and poison sumac)
• Pests that may pose significant health concerns (e.g. ticks, mosquitoes, rats)

Weed Management

Weeds can tell you a lot about the condition of your lawn and indicate what you need to do to grow healthy grass and gardens that are naturally resistant to weeds and pest problems. Weeds thrive in soil that is compacted, poorly fertilized, and not pH balanced, and in lawns that are improperly watered, seeded, or mowed. Use this Read Your Weeds chart to identify common weeds you may have in your lawn and find simple ways to alter the conditions (compaction, mowing height, pH, fertility, watering, and drainage) that are promoting them.

To manage weeds on hard surfaces, you can use methods like hand-pulling weeds, applying boiling water directly to the weeds, using a vinegar solution as a spray, laying down a layer of mulch around the hard surface, or utilizing ground cover plants to prevent weed growth. Steam weeding machines can also be effective. These machines use a jet of superheated steam to eliminate weeds.

Invasive Plants Management

Invasive species are the second-greatest threat to global biodiversity after loss of habitat. Invasive plants are a direct threat to what we value about Maine's natural landscapes. The aggressive growth of invasive plants increases the costs of agriculture, can affect forest regeneration, threatens recreational experiences, and potentially decrease property values. Species like Japanese barberry and multiflora rose can form thorny, impenetrable thickets in forests. The Maine Natural Areas Program is a great resource for identifying, understanding, and managing invasives. 

Pest Management

Pests can be insects, weeds, fungi, mice and other animals, or microorganisms, like bacteria and viruses. The most common pests in lawns are grubs. Grubs are a natural part of all lawns, but too many can cause problems. Before you swat, stamp, or spray, make sure what you are dealing with is really a pest and not a beneficial or harmless plant or animal. Maine’s Department of Agriculture, Conservation, and Forestry can help you identify common pests: Got Pests? 

Beautiful lawns, vibrant landscapes, healthy and safe waterways—we’re all working together to achieve these goals. South Portland’s Landcare Management Ordinance prohibits the use of synthetic lawn care pesticides and fertilizers. If you use a lawn care professional, here are six important questions to ask your landscaping professional and why the answers matter. 

The City's Landcare Management Ordinance includes soil quality requirements for new development projects that result in 2,000 square feet or more of soil disturbance that will not be covered with impervious surfaces (e.g., buildings or pavement) as defined in Sec. 32-25. The Soil Quality for New Permit Projects contains more information. 

Here is a summary:

A soil quality permit is required for all new development regulated under the ordinance. For areas of soil disturbance on the site that are not covered with impervious surfaces, the following standards are required to be met:

• Organic starter fertilizer containing phosphorus can be applied without a soil test.
• The fertilizer must be incorporated into topsoil 2-3 inches deep.
• Two fertilizer applications are permitted for one calendar year. 
• For each application, total nitrogen and phosphorus may not exceed 1 lb. per 1,000 square feet.
• Topsoil must be 6” deep and contain 5% organic matter with a pH between 5.8 and 7.2.
• Compacted subsoil must be broken up to a depth of 10” (including the 6” of topsoil), except when ledge is present, in which it is 6 inches.

The City offers Household Hazardous Waste drop-off events at least annually. Residents can dispose of old or unwanted pesticides and fertilizers at these events.