Sec. 71. (a) A political subdivision (as defined in IC 36-1-2-13 ) does not have authority to regulate by ordinance the use or application of pesticides. (b) A political subdivision may, by resolution, petition the board for a hearing to allow a variance from a rule of the board because of special circumstances relating to the use or application of a pesticide. If a petition is received, the board shall hold a public hearing to consider allowing the variance requested. The public hearing shall be conducted in an informal manner. IC 4-21.5 does not apply to the public hearing under this section. (c) The board may grant a variance requested under this section with or without changes. [Pre-2008 Recodification Citation: 15-3-3.6-27.]
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