.08 Use of Pesticides.

1. The use or application of a pesticide to a tree on a public road right of way in the State is controlled as follows:
1. Any person applying a pesticide to a roadside tree must have certification and licensure required by the Maryland Department of Agriculture and shall adhere to regulations provided in the Code of Maryland Regulations COMAR 15.05.01;
   
2. Any person applying a pesticide may only apply those pesticides registered for that use by the U.S. Environmental Protection Agency, and the Maryland Department of Agriculture, and shall follow the manufacturer's label directions for proper use;
3. Before applying pesticide, the Forest Service must be notified by a permittee of the approximate time and place of application;
4. Except when authorized by the Maryland Department of Natural Resources Forest Service, a tree may not be treated with herbicides unless it is 6 feet or less in height.
5. Dead plant material resulting from the application of an herbicide shall be removed if necessary for aesthetic or safety reasons, or both;
6. Every reasonable precaution should be taken to:
1. Avoid the use of herbicides on vegetation that contributes to soil retention, particularly at highway cuts and fills and other areas with steep slopes, and
2. Prevent the pollution of streams and damage to adjoining properties.