22-3419. PROCEDURE FOR ESTABLISHING A RESTRICTED AREA. (1) The director may upon his own initiative, or upon the petition of a number of owners, lessees or operators of land in an area within a county or two (2) or more contiguous counties in the state may, if it is deemed necessary, issue a proposal to establish a restricted area. The proposal shall set forth the boundaries of the area and the rules proposed to govern the use of pesticides. The director shall hold a hearing in accordance with the provisions of the administrative procedure act, chapter 52, title 67, Idaho Code, at a place in reasonable proximity to the proposed area. As soon as possible after completion of the hearing, the director shall make rules applicable thereto or refuse to take such action. The order shall be based on substantial evidence of record at the hearing and shall include findings of fact upon which it is based; Provided, however, that whenever twenty-five (25) or more landowners, representing at least seventy percent (70%) of the acres of land situated within the proposed area, shall sign a petition requesting that a referendum be held, the director shall then conduct a referendum as set forth in subsection (2) of this section.
(2) Whenever in the judgment of the director, the need for the creation of a restricted area cannot be adequately determined by the director after investigation, the director shall conduct a referendum on this question of necessity, by ballot in the area concerned at a public hearing, after notice, setting the time and place, once each week for two (2) weeks before the hearing has been published in a newspaper of general circulation in the area affected. Any person owning, leasing or operating three (3) acres or more within the proposed area is eligible to vote in the referendum. Unless the votes cast in favor of the creation of a restricted area constitute a two-thirds (2/3) majority of those voting, the area shall not be created. If there is such majority, the director shall then issue a proposal in accordance with subsection (1) of this section.
History:
[22-3419, added 1976, ch. 190, sec. 2, p. 702; am. 1996, ch. 22, sec. 12, p. 54.]
Structure Idaho Code
Title 22 - AGRICULTURE AND HORTICULTURE
Chapter 34 - PESTICIDES AND CHEMIGATION
Section 22-3401 - DEFINITIONS.
Section 22-3402 - REGISTRATION — LABELS — INFORMATION REQUIRED — FEES.
Section 22-3403 - EXPERIMENTAL PERMITS.
Section 22-3404 - PESTICIDE AND CHEMIGATION APPLICATORS — CLASSIFICATION LICENSING REQUIREMENTS.
Section 22-3406 - PESTICIDE DEALERS.
Section 22-3406A - RESPONSIBILITIES OF CHEMICAL SUPPLIERS.
Section 22-3406B - CHEMIGATOR RESPONSIBILITIES.
Section 22-3407 - REQUALIFICATION.
Section 22-3407B - DEPARTMENT TO COMPILE LIST.
Section 22-3408 - STOP SALE, USE OR REMOVAL ORDER AND CHEMIGATION STOP WORK ORDER.
Section 22-3409 - DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE OR PERMIT.
Section 22-3410 - RECIPROCITY.
Section 22-3411 - CHANGE OF ADDRESS OR PLACE OF BUSINESS.
Section 22-3412 - DELEGATION OF DUTIES.
Section 22-3413 - CONTAINER DISPOSAL.
Section 22-3415 - FEES COLLECTED — DISPOSITION.
Section 22-3416 - COOPERATION WITH OTHER AGENCIES.
Section 22-3417 - DAMAGE CLAIMS.
Section 22-3417A - LIABILITY LIMITED.
Section 22-3418 - RESTRICTED PESTICIDE USE.
Section 22-3419 - PROCEDURE FOR ESTABLISHING A RESTRICTED AREA.
Section 22-3420 - PROHIBITED ACTS.
Section 22-3421 - ADOPTION AND SCOPE OF RULES.
Section 22-3422 - PENALTIES FOR OPERATING WITHOUT LICENSE.
Section 22-3423 - PENALTY FOR VIOLATIONS.
Section 22-3424 - REVIEW OF ACTION OF DIRECTOR.