Commission continues request from railway operator for right-of-way termination review; seeks clarification on herbicide zones

The commission continued consideration of a request for a termination of applicability affecting the MBTA commuter-rail right-of-way after the railroad representative asked for a continuance and the commission requested clearer mapping of herbicide-management zones.

Melissa (Conservation Agent) told members that the applicant (MBTA/contractor) asked for a continuance. Staff flagged questions about the operator’s no-spray and limited-spray herbicide zones and whether the plans adhered to statutory limits (no-spray within 10 feet of a resource area and restricted use further out). She said plans for a comparable CSX filing had included clearer labeling and that more detail would be needed for MBTA plans as well. Commissioners discussed whether a Zoom site visit (live video from the track) or submission of photos from designated railroad staff would be an acceptable substitute for an in-person site inspection, given railroad safety concerns.

Commissioners also discussed logistical issues for railroad access. One commission member recalled prior on-site inspections coordinated with railroad staff that used off-peak windows and safety escorts. Staff will ask the applicant to provide clarified mapping of no-spray/limited-spray zones and to consider photo or video documentation or a guided, safety-trained site visit for the commission’s review. The commission voted to continue the matter to the next meeting while staff follows up with the railroad representative on those items.

No determination was issued; the applicant’s request for termination of applicability remains under review.