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MCC §2.50.060

How to get a waiver for banned pesticides or fertilizers

Read the official text at library.municode.com ↗

Agencies can ask the council for permission to use a banned pesticide or fertilizer. They must submit a detailed application with maps, plans, photos, and other information. The council can approve the waiver for up to two years, and if they don't decide within 180 days, it's automatically approved.

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The ordinance, as written (Maui County) — Waiver

A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.

A. Agencies may apply to the council for a waiver from section 2.50.040 prior to the use of a prohibited pesticide or fertilizer. B. The waiver application must include: 1. A location map for the proposed usage area. 2. A landscape plan. 3. Photographs of areas and vegetation. 4. A summary of the existing plants, soils, and environmental conditions for each area. 5. A history of vegetation management practices, including fertilizer and pesticide application amounts, and frequency. 6. Cost estimates and a timeline. 7. Information on how the public's health and safety is threatened. 8. An evaluation and list of the results of alternative methods and materials. 9. An explanation of how the application of otherwise prohibited substances will, to the greatest extent practical, minimize the impact of the application on abutting properties, human health, and the environment. C. The council may approve a waiver or waiver extension by resolution upon finding the following: 1. A situation exists that threatens the public's health and safety. 2. Alternative control methods and allowed substances have been evaluated and determined to be insufficient. 3. The application of otherwise prohibited substances will, to the greatest extent practical, minimize the impact of the application on abutting properties. D. Waivers may be granted for a period of up to two years, and may include conditions such as signage to protect public health and safety. E. Waiver extension requests must be submitted at least ninety days prior to the expiration date and must include the same information as a waiver application. F. If the council fails to approve or disapprove a waiver application or waiver extension request by resolution within one hundred eighty days, the application or request will be automatically approved. ( Ord. No. 5242 , § 1, 2021)
Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026

Published by the County of Maui through Municode.

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.