Rights-of-way herbicides and integrated vegetation management: what the rules and programmes say

This page reports what the official source says. It is not legal advice: ask the office named here. The licence a person needs to apply pesticides, state by state, is set out on pesticide licences, and Canada's rules are on pesticide rules in Canada. This page leaves those pages' ground alone and looks only at rights-of-way.

The federal applicator rule

EPA's page on getting certified says federal law requires anyone who applies or supervises the use of restricted use pesticides to be certified under EPA regulations and state, territorial and tribal laws. It says state, territorial and tribal authorities do the certifying, that EPA's rule at 40 CFR Part 171 sets minimum competency standards, and that many states require all commercial applicators, not only those using restricted use products, to be certified. The page was last updated March 11, 2026.

Part 171 names right-of-way pest control as one of its commercial applicator categories, for restricted use pesticides in maintaining roadsides, powerlines, pipelines and railway rights-of-way and similar areas. In its standards for certification, section 171.103 says applicators in this category must show practical knowledge of three things: the types of environments, terrestrial and aquatic, that rights-of-way cross; recognition of target pests; and techniques to minimize non-target exposure, runoff, drift and excessive foliage destruction. It adds the potential for phytotoxicity across the many plants and pests to be controlled, and for persistence beyond the intended period of pest control.

Maryland: the utility's programme must cover chemical control

The Code of Maryland Regulations, section 20.50.12.09, Vegetation Management Requirements, is a state rule, written by "the Commission" in its text, for electric utilities. It says the standards are minimums that do not stop a utility from adopting more aggressive practices, and that they apply to the extent not limited by contract rights, property rights or other controlling law. It also says the regulation applies to electric transmission plant not regulated by the Federal Energy Regulatory Commission.

Element in the regulation	What it says
Methods	A utility's programme addresses, at a minimum, manual, mechanical or chemical vegetation management along rights-of-way, among eight listed activities.
After the work	The programme addresses inspection of areas where work was done, after the work.
Who oversees	Work on energized plant follows the standards applicable to Maryland Licensed Tree Experts. Records name the Maryland Licensed Tree Expert responsible for oversight at the circuit or substation level.
Records	Documentation covers the circuit, the type of vegetation management including trimming, removal and spraying, the methods used and the approximate date.
Notice	For cyclical planned work, the utility makes a reasonable attempt to notify owners or occupants at least 7 days and not more than 120 days beforehand, and gives counties and municipalities written notice at least 2 months before. Notice cannot be by bill insert alone.

Hydro One: what a Canadian utility publishes

Hydro One, an Ontario transmission and distribution utility, says on its vegetation management page that it manages both transmission and distribution rights-of-way following integrated vegetation management, balancing customer input, reliability data and environmental considerations. It lists its work as tree trimming or cutting, brush control including mulching and mowing, selective herbicide application, and creating pollinator-friendly habitat where feasible.

In its frequently asked questions the utility says it uses herbicides only selectively and with landowner consent, that all applicators are certified and follow safety guidelines, and that transmission lines are maintained on a cyclical schedule meeting industry and North American Reliability Corporation standards, while distribution work follows reliability data, vegetation growth and customer feedback. It says it works with Ontario's Ministry of Natural Resources and complies with provincial and federal Species at Risk protections.

Reading the three together

The federal rule certifies people and says nothing about how often or where a utility sprays. The Maryland regulation does not set herbicide rates either: it requires a programme that covers the methods and the notice. Hydro One's page is the utility's own description of its practice. This page does not report product names, application rates or methods, because none of the three sources sets them.