(1) Nothing in this article shall be construed to limit the authority of a local government to:
Zone for the sale or storage of any agricultural chemical, provide or designate sitesfor disposal of any agricultural chemical or container, regulate the discharge of any agricultural chemical into sanitary sewer systems, adopt regulations pursuant to a storm water management program that is consistent with federal or state regulation, adopt or enforce building and fire code requirements, or to protect surface or groundwater drinking water supplies in accordance with current state or federal applicable law;
Comply with any federal or state law or regulation or take any action otherwise prohibited by this article in order to comply with any federal or state requirement or avoid a fine or other penalty under federal or state law;
Implement a cooperative agreement with any federal or state agency;
Regulate the use of agricultural chemicals on property in which the local governmenthas a fee simple absolute ownership interest; (e) Issue local occupational licenses.
(2) The lack of a provision in this article explicitly preempting local government regulation of any particular agricultural chemical not listed in section 35-1.5-102 (2) shall not be construed as an implicit grant of authority to a local government pursuant to this article to regulate on that subject.
Source: L. 94: Entire article added, p. 923, § 1, effective April 28.