Portland's Landcare Ordinance (Chapter 34) bans synthetic pesticides on virtually all public and private property, with the notable exception that prohibited pesticides may be used to control plants categorized as invasive by the Maine Department of Agriculture, Conservation and Forestry (Sec. 34-5(a)(4)(viii)). No numeric weed-height cap exists, but Heritage-Tree treatments for Elms and emerald-ash-borer control are also exempt.
Portland does not have a traditional 'noxious-weed' ordinance with a numeric height trigger. Instead, the city regulates weed control through Chapter 34 (Landcare Ordinance, originally Ord. 110-17/18, amended through 2026). Sec. 34-5(a)(2)(iii) prohibits any pesticide application within 75 feet of a water body or wetland. Sec. 34-5(a)(4) lists exempt applications including: (i) control of plants poisonous to the touch like poison ivy; (vi) control of insects identified as invasive by the Maine Forest Service (Emerald Ash Borer, Asian Longhorned Beetle, Hemlock Woolly Adelgid, Browntail Moth); (viii) control of plants categorized as invasive by Maine ACF on city property. Sec. 34-3 defines 'Invasive Species' to include those listed under Maine's Natural Areas Program. For non-exempt cases, only USDA-National-List-allowed substances or FIFRA 'minimum risk pesticides' (40 C.F.R. § 152.25(f)) may be used (Sec. 34-5(a)(1)). Persons seeking to apply a prohibited product to control invasive species must apply to the Waiver Committee (the Legislative and Nominating Committee of the City Council) under Sec. 34-7. Lawn-care applicators must post a CAUTION sign at least 5"x4" with 72-pt 'CAUTION' header for any prohibited-pesticide application (Sec. 34-10).
Violations of Chapter 34 are civil violations subject to penalties under Portland City Code § 1-15 (Sec. 34-13(d)). The City Manager or designee enforces, and may seek injunctive relief through corporation counsel. Licensed applicators must also file an annual summary report by February 1 of each year (Sec. 34-8).
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