Minnesota Department of Transportation

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MnDOT Policies

Pesticide Management on MnDOT Property

MnDOT Policy #OE011
Revised: December 1, 2022

View/print signed policy (PDF)

Pesticide Management Procedures

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer: Deputy Commissioner/Chief Engineer
Policy Owner: Director, Office of Environmental Stewardship
Policy Contact: Roadside Vegetation Management Chief

Policy statement

The Minnesota Department of Transportation is committed to using effective and environmentally sound strategies to manage pests on its property.

MnDOT ensures safe environments and legal compliance by controlling dangerous and unwanted pests on its roadsides, building structures, and building grounds. MnDOT uses pesticides on MnDOT property as part of Integrated Pest Management.

This policy uses the term “pesticide” for the following chemical categories:

  • Fungicides, used to control fungi and mold
  • Herbicides, used to control dangerous or unwanted vegetation not limited to species listed in Minnesota Statutes §§18.76 to 18.91, also known as the “Minnesota Noxious Weed Law.” Herbicides are the most common pesticide applied to MnDOT roadsides.
  • Insecticides, used to kill, harm, repel, or mitigate one or more species of insects, used on vegetation at high risk of infestation, functional vegetation, or to control insects that pose a threat to public health. Neonicotinoids are a class of insecticides.
  • Rodenticides, used to kill rodents.

MnDOT employees must:

  • read, understand, and comply with applicable laws in all aspects of proper pesticide use and management;
  • follow the Pesticide Management Procedures to purchase, apply, store, and dispose of pesticides;
  • comply with the training and licensing requirements described in the Pesticide Management Procedures; and
  • coordinate with Tribal Nations when pesticide application may occur within Indian Country. Note: Restricted Use Pesticides require a Bureau of Indian Affairs certification.

Reason for policy

MnDOT uses pesticides on MnDOT property as part of Integrated Pest Management (IPM) in accordance with Governor Walz’s Executive Order 19-28. IPM is an economic and ecosystem-based strategy that focuses on long-term pest control and prevention. MnDOT ensures safe environments by controlling dangerous and unwanted pests on its roadsides, building structures, and building grounds and must balance public health risk, ecological risk, and effective property management.

Vegetation management is an important component of MnDOT operations. The management of roadside vegetation provides a safe clear zone for traveling vehicles and protects the infrastructure by allowing for drainage and controlling erosion.

Vegetation may be managed for other purposes such as treatment of stormwater runoff, control of blowing and drifting snow, weed control, and aesthetics, as well as wildlife habitat, wetland mitigation, preservation of native plant communities and rare species, and carbon sequestration. MnDOT is required by Minnesota Statutes §160.23 to control noxious weeds on its right-of-way.

MnDOT is also required under Minnesota Statutes §18B.063 to “use integrated pest management techniques in its management of public lands, including roadside rights-of-way,” and to “use vegetation that minimizes the need for pesticides and added nutrients.” To accomplish these objectives, MnDOT uses a variety of tools and techniques to manage for appropriate vegetation, including the use of pesticides.

Legal context

MnDOT must follow federal and state law to reduce legal liability and protect the environment:
7 U.S.C. §§136-136y “Federal Insecticide, Fungicide, and Rodenticide Act” (FIFRA)

  • FIFRA provides for federal regulation of pesticide distribution, sale, and use.
  • MnDOT employees must follow the label on the pesticide container for specific use of the product, 7 U.S.C. §136(ee).

Minnesota Statutes §§18.76-18.91  “Minnesota Noxious Weed Law”

  • Requirements for controlling and eradicating noxious weeds on all lands within the state.

Minnesota Statutes §18B.063, “State Uses of Pesticides and Nutrients”

  • “The state shall use integrated pest management [IPM] techniques in its management of public lands, including roadside rights of way, parks, and forests; and shall use planting regimes that minimize the need for pesticides and added nutrients.”

Minnesota Rules, Chapter 1505 “Pest and Disease Control” (Licensing and pesticide storage requirements)
Minnesota Rules Chapter 5206, “Hazardous Substances; Employee Right-to-Know”

  • “The standards in this chapter implement the provisions of the Employee Right-to-Know Act of 1983. These standards require employers to evaluate their workplaces for the existence of hazardous substances, harmful physical agents, and infectious agents and to provide training and information to those employees covered under this act who are routinely exposed to those substances and agents.”

Executive Order 19-28 (PDF), “Restoring Healthy, Diverse Pollinator Populations that Sustain and Enhance
Minnesota's Environment, Economy, and Way of Life”

  • Recommendations about neonicotinoids;
  • Serve on the Interagency Pollinator Protection Team to provide operational support, interagency coordination, cross agency policies and programs;
  • Manage state-owned transportation properties and rights of way to create, protect, and enhance pollinator habitat.

Minnesota Statutes §10.65, Executive Order 19-24 and the MnDOT Tribal Nations Policy, recognize the unique relationship between Tribal Nations and the State government. MnDOT must coordinate meaningfully and in a timely fashion with Tribal Nations, including coordinating on vegetation management. MnDOT has entered into Roadside Vegetation Management Memorandums of Understanding with some Tribal Nations relating to vegetation and maintenance practices, including pesticide management. Coordination with Tribal Nations occurs at all levels of responsibilities listed in this policy.

Applicability

All MnDOT employees must comply with MnDOT policies.

Key stakeholders with responsibilities under this policy include:

  • District Engineer (or designee)
  • Office of Environmental Stewardship, Roadside Vegetation Management Unit
  • MnDOT Statewide Safety Director
  • MnDOT District Safety Administrator
  • MnDOT Statewide Industrial Hygienist
  • MnDOT Chief Toxicologist
  • District Permit Staff and Highway Sponsorship Program Manager
  • Supervisors of employees involved in pesticide management
  • MnDOT Pesticide Applicators
  • Office of Maintenance
  • MnDOT District Materials Management

Definitions

Functional Vegetation

Volunteer vegetation or vegetation that is planted which supports the road infrastructure, assists in maintaining safe road use conditions, or provides visual screens to and from adjacent properties. Vegetation functions include erosion control due to water or wind, water infiltration, blowing and drifting snow control, aesthetic qualities, and visual screens adjacent to residential properties and adjacent junk yards. Source: MnDOT’s Transportation Project Development Process (TPDP)

Indian Country

As defined in 18 United States Code section 1151, Indian country includes reservations, allotments, and dependent Indian communities. Indian country may include off-reservation land.

Note: See the Indian Country Guidance and the MnDOT Tribal Map Application for additional information.

Integrated Pest Management (IPM)

An economic and ecosystem-based strategy that focuses on long-term pest control and prevention. It includes a balance of mechanical, chemical, cultural, and biological pest control methods.

Pest

An undesirable organism (i.e., insect, bacterium, fungus, nematode, weed, virus, or rodent) that injures or harms humans, desirable plants or animals, manufactured products, or natural products). Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Pesticides

Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest. Also, any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.  Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Restricted Use Pesticide (RUP)

As specified in 40 CFR 152.175, pesticides classified for restricted use:

  • Purchased only by a certified pesticide applicator;
  • Used only by a certified pesticide applicator; and
  • Not available for use by the public because of high toxicities and/or environmental hazards

Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Safety Data Sheets (SDS)

An information sheet available from the manufacturer that provides details on chemical properties, toxicity, first aid, hazards, personal protective equipment, and emergency procedures to be followed in the event of a spill, leak, fire, or transportation crisis. Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014 (See also: MnDOT Safety Data Sheets Spreadsheet)

Target

The object or “target” of pest control management (plants, animals, or pests). Source: National Pesticide Applicator Certification CORE Manual, 2nd edition, 2014

Volunteer Vegetation

Vegetation that grows on its own rather than being deliberately planted.

Responsibilities

District Engineer (or designee)

Office of Environmental Stewardship, Roadside Vegetation Management Unit

  • Establish pesticide training and safety requirements.
  • Provide technical assistance and training to all MnDOT pesticide applicators.
  • Recommend appropriate pesticide for application.
  • Maintain electronic record-keeping system and update as needed.

MnDOT Statewide Safety Director

  • Support the implementation and maintenance of the MnDOT Employee Right-to-Know/Hazard Communication Program and training.

MnDOT District Safety Administrator

  • Carry out responsibilities listed under Safety Administrator in MnDOT’s Right-to-Know/Hazard Communication Program and training.
  • Review new Safety Data Sheets and audit existing chemical inventories to ensure Safety Data Sheets are accurate.

MnDOT Statewide Industrial Hygienist

  • Provide technical expertise to MnDOT’s offices and districts on occupational health and exposure concerns.
  • Perform industrial hygiene monitoring to evaluate specific concerns.
  • Act as a technical resource for all District Safety Administrators relating to industrial hygiene, including pesticide assessments for employee exposure.
  • Alert District Safety Administrators to newly recognized health hazard concerns.
  • Provide competent risk assessment to realize the extent of the hazard and explain the complexity to staff.

MnDOT Chief Toxicologist

  • Review all new pesticide products proposed for MnDOT use, using the Hazard Evaluation Process (HEP).
  • Provide environmental risk assessment to inform approval process for new pesticide products, including any suggestions for minimization of environmental impact, where applicable.

District Permit Staff and Highway Sponsorship Program Manager

  • Inform supervisors of the areas managed by third parties through a permit or the Highway Sponsorship Program.

Supervisors of employees involved in pesticide management

  • Know and understand licensing and training requirements.
  • Initiate and authorize purchase order of pesticides and all Personal Protective Equipment required for pesticide application.
  • Carry out responsibilities listed under Supervisor in MnDOT’s Right-to-Know/Hazard Communication Program.
  • Ensure that pesticide applicators refrain from using pesticides in Indian Country until appropriate coordination with Tribal Nations has occurred. See applicable Roadside Vegetation Management Memorandum of Understanding or Tribal-MnDOT Environmental Contacts and Procedures to determine necessary steps to take before applying pesticides in Indian Country.
  • Inform Pesticide Applicators of the areas managed by third parties through a permit or the Highway Sponsorship Program to ensure pesticides are not applied in those areas.
  • Follow the MnDOT Pesticide Management Procedures.

MnDOT Pesticide Applicators

  • Complete annual MnDOT pesticide application training.
  • Comply with applicable licensure requirements.
  • Read and understand the label(s) regarding pesticide application and mixing.
  • Correctly identify targets and pesticide selection.
  • Be aware of areas managed by third parties through a permit or the Highway Sponsorship Program and avoid applying pesticides within the allotted area.
  • Record all pesticide applications in MnDOT’s electronic record-keeping system.
  • Store and dispose of pesticides as outlined in MnDOT’s Pesticide Management Procedures.
  • Inform and supply pesticide-specific Safety Data Sheet to MnDOT mechanics when maintenance is required on application equipment.
  • Assist MnDOT mechanics with herbicide handling as needed.
  • Refrain from using pesticides in Indian Country until appropriate coordination with Tribal Nations has occurred. See applicable Roadside Vegetation Management Memorandum of Understanding or Tribal-MnDOT Environmental Contacts and Procedures to determine necessary steps to take before applying pesticides in Indian Country.
  • Follow Pesticide Management Procedures including application to MnDOT property within Indian Country.

Office of Maintenance

  • Co-maintain the State of Minnesota Herbicides and Herbicide Technical Service Contract, Contract Release H-65(5) with the Office of Environmental Stewardship.
  • Ensure references to pesticide use in the MnDOT Maintenance Manual remain current.

MnDOT District Materials Management

  • Submit new Safety Data Sheets to the District Safety Administrator and the Office of Environmental Stewardship Roadside Vegetation Management Unit Supervisor, as received.
  • Purchase herbicides from state contract H-65(5).
  • Purchase fungicides, insecticides, and rodenticides following standard MnDOT purchasing procedures.

Policy Owner (Director, Office of Environmental Stewardship)

  • Co-maintain the State of Minnesota Herbicides and Herbicide Technical Service Contract, Contract Release H-65(5) with the Office of Maintenance.
  • Review the policy every two years, or sooner as necessary, to ensure the policy remains up-to-date.
  • Ensure procedures and training associated with the policy remain current.
  • Monitor state, federal, enterprise, agency, or other requirements that apply to the policy or procedures.
  • Consult with the Office of Chief Counsel to ensure the policy and procedures remain compliant with all state, federal, enterprise, agency, or other requirements.
  • Ensure that necessary approvals by state or federal agencies are obtained before changes to the policy or procedures are implemented.
  • Work with the Policy Coordinator to revise the policy and/or confirm its accuracy.
  • Communicate policy revisions, reviews, and retirements to stakeholders.

Resources and related information

Processes, Procedures, and Instructions

Resources

History and updates

Adopted

February 12, 2003

Superseded

  • Policy 6.2 – Administration No. 84-1, Roadside Maintenance Use of Herbicides
    • Effective May 2, 1984
  • Guideline 6.2.G-1 – Administration No. 84-1-G-1, Roadside Maintenance Use of Herbicides – Practices and Responsibilities
  • Procedure 6.2-G.2 – Administration No. 84-1-G-2, Roadside Maintenance Use of 2, 4-D for Weed and Brush Control

Revised

  • First Revision: June 28, 2017
  • Second Revision: December 1, 2022

Policy Review

This policy's next scheduled review is due December 2024.