Ulster County environment staff reports few pesticide waivers, outlines pollinator, native-plant work

Director Andy Bicking presented the Department of Environment’s update on Local Law 4 (property maintenance and pesticide applications) and Resolution 375 of 2019, which declares Ulster County a pollinator-friendly county.

Bicking said Article Two of Local Law 4 prohibits the use of toxic chemical pesticides on county-maintained land while establishing a waiver process administered by an advisory committee chaired by the Department of Environment. The waiver process, he said, involves a written request, committee review against the law’s “least toxic” standard, and a formal written reply. "The waiver process is essentially the department receives a request in writing ... we then convene the committee, discuss the request ... and we then issue a reply to the applicant," Bicking said.

On waiver history, Bicking summarized multiple requests over the years: denials in 2010, 2017 and 2018; approvals in 2019–2023; and denials in 2024–2026. He told the committee the Catskill Mountain Railroad (CMRR) sought waivers and that an instance of herbicide application occurred in a corridor segment the county does not own in fee; the county holds an easement for trail use on that portion, which the CMRR interpreted as allowing treatment. "There was an area that was sprayed ... where the county does not have the deed ... we have an easement for trail use over that," he said, describing why the company treated that segment.

Committee members asked whether the law is working; Bicking and the deputy executive said the law is strong, requests for waivers are infrequent, and the review is rigorous. Legislator Nolan asked that the legislature be informed whenever waivers are granted so the body remains aware of implementation; staff and members agreed to continued updates.

On Resolution 375 (pollinator-friendly county), Bicking described programs to inventory pesticides, encourage host plants and nectar species on county property, and train county staff through Cornell resources. Several legislators said they will pursue amendments to explicitly include trees and shrubs (in addition to wildflower seed mixes) and to advance sustainable purchasing language so that future contracts specify native plant stock when practicable.

What’s next: Department staff will continue to report waiver activity and work with the legislative sponsor to amend Resolution 375 and procurement guidance to better specify native trees, shrubs and seed mixes for county projects. No regulatory changes were adopted at the meeting.

Speakers quoted: Director Andy Bicking (Director, Department of Environment), Legislator Nolan (Legislator), Legislator Peters (Legislator).