The Vermont Statutes Online

Title 6: Agriculture

Chapter 085: Mosquito Abatement

• § 1081. Repealed. 1959, No. 329 (Adj. Sess.), § 59, eff. March 1, 1961.

• § 1082. Mosquito and biting arthropod control by Agency

  The Secretary of Agriculture, Food and Markets shall, when funds are available, consider and study mosquito and other biting arthropod control problems; coordinate plans for mosquito and other biting arthropod control work that may be projected by groups, organizations, towns, or towns initiating joint compacts as provided under 24 V.S.A. chapter 121; and arrange, so far as possible, cooperation among State departments and with federal government agencies in the mosquito and other biting arthropod control operations within the State. (Amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 1083. Duties of Secretary of Agriculture, Food and Markets; authority of landowners to use mosquito controls

  (a) The Secretary of Agriculture, Food and Markets shall personally or through the Secretary’s duly authorized agents:

  (1) Survey swamps or other sections within the State suspected of being mosquito or other biting arthropod breeding areas.

  (2) Map each section so surveyed, indicate all mosquito or other biting arthropod breeding places and determine methods best adapted for mosquito or other biting arthropod abatement in the areas by drainage, oiling, or other means.

  (3) Investigate the mosquito or other biting arthropod life history and habits and determine the species present within the areas, and make any other studies he or she deems necessary to provide useful information in mosquito or other biting arthropod abatement.

  (4) Make the results of the Secretary’s surveys, investigations, and studies available to the Department of Health, selectboard members, or mayors of towns or cities, as the case may be, in which work was done; also upon request, to any organizations, public or private, or individuals interested in mosquito or other biting arthropod control work.

  (5) Issue or deny permits to any person for the use of larvicides or pupacides for mosquito control in the waters of the State pursuant to procedures adopted under 3 V.S.A. chapter 25. Such procedures shall include provisions regarding an opportunity for public review and comment on permit applications. Persons applying for a permit shall apply on a form provided by the Agency. The Secretary shall seek the advice of the Agricultural Innovation Board when designating acceptable control products and methods for their use and when adopting or amending procedures for implementing this subsection. Before issuing a permit under this subsection, the Secretary shall find, after consultation with the Secretary of the Agency of Natural Resources, that there is acceptable risk to the nontarget environment and that there is negligible risk to public health.

  (6) Notwithstanding the provisions of subdivision (5) of this subsection, when the Commissioner of Health has determined that available information suggests that an imminent risk to public health exists as a result of a potential outbreak of West Nile Virus or other serious illness for which mosquitoes are vectors, the Secretary of Agriculture, Food and Markets may issue permits for the use of larvicides or pupacides for mosquito control without prior public notice or comment.

  (b) Notwithstanding any provisions of law to the contrary, a landowner may use biological larvicides or pupacides on his or her own land for mosquito control without obtaining a permit, provided that the biological larvicide or pupacide is designated as an acceptable control product for this purpose by the Secretary. (Amended 2001, No. 61, § 52, eff. June 16, 2001; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 49, § 3, eff. Jan. 1, 2022; 2021, No. 105 (Adj. Sess.), § 100, eff. July 1, 2022; 2023, No. 53, § 10, eff. June 8, 2023.)

• § 1084. Engineers or technicians; equipment; entry on lands

  The Secretary may employ one or more trained mosquito control engineers or technicians to carry out provisions of section 1083 of this title and procure such equipment as is necessary. The Secretary and his or her duly authorized agents may enter upon any lands in the State making the aforementioned surveys, investigations, and studies. (Amended 1959, No. 329 (Adj. Sess.), § 14, eff. March 1, 1961; 2003, No. 42, § 2, eff. May 27, 2003.)

• § 1085. Mosquito Control Grant Program

  (a) A Mosquito Control District formed pursuant to 24 V.S.A. chapter 121 may apply, in a manner prescribed by the Secretary, in writing to the Secretary of Agriculture, Food and Markets for a State assistance grant for mosquito control activities.

  (b) After submission of an application under subsection (a) of this section, the Secretary of Agriculture, Food and Markets may award a grant of 75 percent or less of the project costs for the purchase and application of larvicide and the costs associated with required larval survey activities within a Mosquito Control District. The Mosquito Control District may provide 25 percent of the project costs through in-kind larvicide services or the purchase of capital equipment used for larval activities. At the Secretary’s discretion, costs associated with capital equipment that may be required for larval control programs within a Mosquito Control District may be eligible for grant awards up to 75 percent of the total equipment costs.

  (c) The Secretary of Agriculture, Food and Markets shall make awards under this section to priority projects to the extent funds are available. In establishing priorities for individual projects, the Agency shall consider the following:

  (1) the history of mosquito breeding in the Mosquito Control District based on epizootic mosquito population;

  (2) the history of mosquito populations in the Mosquito Control District in relation to mosquito breeding areas; and

  (3) a recommendation by the Agency of Agriculture, Food and Markets or a local survey approved by the Agency of Agriculture, Food and Markets regarding local mosquito breeding habitat or adult mosquito populations within the Mosquito Control District.

  (d) Prior to an award of a grant under this section, a Mosquito Control District shall provide the Secretary of Agriculture, Food and Markets with proof of financial insurance for mosquito control activities and shall submit a notice of intent to apply for a permit issued under section 1083 of this title.

  (e) Larvicide application funded in part under this section shall occur only after the Secretary of Agriculture, Food and Markets approves treatment as warranted within a Mosquito Control District. The approval of the Secretary shall be based upon a biological assessment of mosquito larvae and pupae populations by a technician trained and approved by the Agency of Agriculture, Food and Markets.

  (f) The Secretary of Agriculture, Food and Markets may use State funds appropriated for mosquito control assistance under this section for mosquito control projects or studies that are in the best interests of the State when an appropriate Mosquito Control District is not available or not eligible to receive a grant.

  (g) The Secretary may adopt rules to carry out the provisions of this section. (Added 2007, No. 34, § 1, eff. May 18, 2007; amended 2013, No. 83, § 9, eff. June 10, 2013; 2013, No. 159 (Adj. Sess.), § 3; 2021, No. 174 (Adj. Sess.), § 7, eff. July 1, 2022.)