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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 7PESTICIDES
SUBCHAPTER EREGULATED HERBICIDES
RULE §7.53County Special Provisions

  (3) A permit will not be required for the application of the regulated herbicides between the dates of September 1 to March 31 of the following year.

(hh) Moore.

  (1) The use of all ester formulations of regulated herbicides is prohibited from May 1 through September 30 each year.

  (2) A permit is required for the application of all other formulations of regulated herbicides from May 1 through September 30 of each year.

  (3) No permit is required for the application of regulated herbicides during the period beginning October 1 and ending April 30 of the following year.

(ii) Motley. No permit is required for the period of November 1 to May 14 of the following year.

(jj) Parmer. No permit is required in Parmer County for applications of regulated herbicides between November 1 and March 31 of the following year. However, the application of all ester formulations of 2,4-D is prohibited between the dates of April 15 and October 1 of each year.

(kk) Refugio.

  (1) The application of the ester formulations of 2,4-D by any means is prohibited between the period of March 1 and September 15 of each year. The application of the amine formulations of 2,4-D is prohibited between the period of March 10 and September 15 of each year except by permit.

  (2) No permit is required for the application of regulated herbicides during the period of September 16 and ending the last day of February of the following year.

(ll) Robertson.

  (1) Persons in that portion of Robertson County, east of State Highway 6, are exempted from requirements of the Act, Subchapter G and regulations adopted thereunder.

  (2) A permit is required for the application of regulated herbicides in that portion of Robertson County, west of State Highway 6 between the dates of April 1 and September 15 each year.

(mm) Runnels. That portion of Runnels County beginning on the west county line at the point of intersection with the Colorado River, east-southeasterly along the Colorado River to its intersection with U.S. Highway 83, thence north along U.S. Highway 83 to its intersection with the north county line, thence westerly along the north Runnels County line to the northwest corner of the county, thence southerly along the west county line to the Colorado River, the point of beginning, is regulated by the Act, Subchapter G and regulations adopted thereunder. In regulated areas, no permit is required from October 1 through May 25 of the following year. The application of ester formulations of regulated herbicides is prohibited from May 26 through September 30 of each year. The application of other regulated herbicides will be allowed beginning May 26 through September 30 of each year provided that a spray permit is obtained prior to each application.

(nn) San Patricio. No permit is required during the period beginning August 15 and ending March 1 of the following year. Application of regulated herbicides during the period of March 2 through August 14 must be in compliance with the Act, Subchapter G and regulations adopted thereunder. Only boom-type equipment can be used, for ground applications with nozzle height not to exceed 24 inches and maximum pressure not to exceed 20 pounds per square inch. The use of 2,4-D amine herbicides must meet the following requirements for both ground and aerial applications:

  (1) wind velocity of 0-5 mph downwind within 16 rows and upwind 8 rows;

  (2) wind velocity of 6-10 mph downwind 1/8 mile and upwind 8 rows.

(oo) Wharton.

  (1) The aerial application of all formulations of 2,4-D is prohibited in that portion of Wharton County east of the Colorado River between March 10 and September 15 of each year.

  (2) The application of all formulations of 2,4-D by any method is prohibited during the period beginning March 10 and ending October 1 of each year, in that portion of Wharton County lying west of the Colorado River.

  (3) The use of high volatile herbicides is prohibited.

  (4) In no case shall 2,4-D be used to treat any area that is nearer than two miles to any susceptible crop.

(pp) Wilbarger.

  (1) No permit is required for the application of regulated herbicides during the period of September 16 to May 9 of the following calendar year.

  (2) The application of the following regulated herbicides is prohibited during the regulated period beginning May 10 and ending September 15 of each year:

    (A) Ester formulations of 2,4-Dichlorophenoxyacetic Acid (2,4-D);

    (B) 2-Methyl-4-Chlorophenoxyacetic Acid (MCPA).

  (3) The aerial application of polychlorinated benzoic acids and 2,4-D amine is prohibited during the regulated period except during the period of May 10 and ending May 20 of each year. Ground applications of polychlorinated benzoic acids and 2,4-D Amine may be made during the regulated period with the requirement of a permit.

  (4) Research conducted by the Texas A&M University System under the auspices of brush and weed control, using all regulated herbicides, will be allowed during the regulated period. Aerial applications must provide a buffer zone of at least five statute miles from any susceptible crops, and wind velocity must not exceed 10 mph during application. Research will be allowed during the period beginning May 15 and ending September 15 of each year. The department shall be notified before the commencement of such research projects.


Source Note: The provisions of this §7.53 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective February 24, 1999, 24 TexReg 1154; amended to be effective July 4, 2001, 26 TexReg 4866; amended to be effective April 22, 2004, 29 TexReg 3789; amended to be effective July 25, 2005, 30 TexReg 4211; amended to be effective July 22, 2007, 32 TexReg 4383; amended to be effective February 17, 2015, 40 TexReg 687; amended to be effective March 9, 2023, 48 TexReg 1286

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