Imagine you are a new homeowner in Macon County, having survived the effects of Hurricane Helene. As you walk back from the creek bordering your property one day, you see a group of workers at the top of your yard working on cutting away bushes near utility poles. They also appear to be using a chemical you cannot identify, but you are concerned that it may be Roundup, which, while approved by the Environmental Protection Agency (EPA), has been the subject of lawsuits around the country.
In one homeowner’s recent recounting, initial inquiries directed at those on the scene reportedly failed to provide sufficient answers. Frustrated, the homeowner contacted us and asked if we could help explain how rights-of-way work for public utilities, if there are any laws governing the use of herbicides, and how to contact companies for further discussion.
Our first stop was with Joe Allen, director of planning for Macon County. “Macon County has no ordinance that regulates herbicides,” he explained. “In watershed areas, a 30-foot vegetative buffer is required along all streams. For farming operations, a 10-foot vegetative buffer is required in critical areas within the watershed.”
He noted that while utilities do not formally coordinate their vegetation management programs with the county, they still need to follow these guidelines to help landowners maintain the buffers.
Lead Communications Manager for Duke Energy Logan Stewart and Chief Communications Officer for Haywood EMC Mitch Bearden explained how the two major energy providers handle integrated vegetation management. Neither company currently uses Roundup in Macon County.
“Duke Energy uses a product called Rodeo, which is an aquatic herbicide that contains an active ingredient called glyphosate, to control various emergent and woody plants in aquatic and other non-crop areas. Rodeo is approved by the EPA for use around water,” explained Stewart.
Haywood EMC uses Aquamaster.
“This product was chosen since the EPA certifies it to be used in all areas — specifically within waterways. Our employees and their families live within the communities that we serve. Because of this, any product we use throughout our service territory is also being used in our backyards,” said Bearden.
Related to oversight of how these herbicides are applied, Stewart shared that “Duke Energy uses specially trained vegetation maintenance crews to apply approved herbicides in a safe, environmentally responsible manner following product label specifications, and all applications are performed under the supervision of a licensed applicator. When applying herbicides, our priority is protecting customers, crews, and the communities we serve, as we work to protect reliability and the environment.”
Stewart noted, “We have a comprehensive process in place to ensure our personnel and contractors are following all federal, state, and local requirements for herbicide use.”
Bearden reiterated that “any contractor licensed by the state of North Carolina must follow the state and local requirements. All contractors used by Haywood EMC adhere to these guidelines.
Legitimate concerns
Rights-of-way and easement issues often confuse homeowners who may not have had to work with utilities before and are concerned about herbicides being used near waterways.
Bearden pointed out that “because the product we use is labeled and EPA-certified for aquatic application, we do not have a policy on usage near waterways. It is important to note that any spraying or trimming done by Haywood EMC’s contractors is within the cooperative’s power line right-of-way. All work done within our power line right-of-way is to help Haywood EMC continue to provide reliable power at an affordable price.”
“A private landowner or homeowner would be able to find any right-of-way on their property through any deeds,” said Bearden. “Typically, this is found during their due diligence period when purchasing the property. If the property or home is within a development or planned neighborhood, the easements are held within the development’s documents.”
“Haywood EMC’s information to homeowners comes when the property/homeowners sign up for service with the cooperative in our member documents that are sent out once the individual or couple has signed up for service,” added Bearden.
Stewart further noted that “it is the responsibility of a private landowner to research and understand what may be impacting their property. If they have specific questions about Duke Energy infrastructure on or near the property, they may call us at (800)777-9898.” Stewart also encouraged homeowners who want to discuss herbicide use with the vegetation management team can contact a customer service representative, who will seek the right personnel to respond directly.
For those wanting additional details on rights-of-way and easements, Stewart suggested customers visit https://www.duke-energy.com/community/trees-and-rights-of-way/what-is-a-right-of-way.
“We [also] have extensive information on our transmission and distribution vegetation management programs available online at https://www.duke-energy. com/community/vegetation-management,” said Stewart.
Likewise, Bearden said Haywood EMC welcomes feedback and discussion with homeowners if they have concerns. “Our policy allows for member-owners to call in to our office and opt out of any herbicide spraying. Our office can be contacted at (828)452-2281.”
Bearden reminded that, “Haywood EMC is a member-owned electric cooperative. This means that the people who purchase power from Haywood EMC own the cooperative and have a say in how we operate. We serve approximately 29,000 local businesses and homes throughout six counties in Western North Carolina, as well as Rabun, Ga., and Oconee, S.C. Of those 29,000 member-owners, around 2,500 are in Macon County, primarily in the communities of Otto, Scaly Mountain, and Highlands.
“Haywood EMC has updated our website on right-of-way maintenance to reflect the changes that have taken place in the past year, as we’ve changed contractors and added new methods of maintenance. The updated website can be found at https://www.haywoodemc.com/ROW.
Environmental weigh-in
For an additional perspective on the use of herbicides, Western Regional Director Callie Moore, of MountainTrue, a nonprofit that advocates for resilient forests and clean water in Western North Carolina, weighed in on the use of herbicides.
“Although MountainTrue has observed unintended harm from herbicide applications to areas outside of utility rights-of-way, these instances are rare, and we have not in any case documented harm to aquatic life from specific herbicide applications,” said Moore. “We have, however, documented an increase in bank erosion, both along rivers and roadways as companies and agencies have increasingly used herbicide, which kills the whole plant, rather than mechanical treatments for maintenance of ROWs [rights of way]. The resulting sedimentation does negatively impact aquatic life in our waterways.”
Moore noted that homeowners who choose to opt out of vegetation management programs are responsible for maintaining the right-of-way to proper standards. This often means hiring contractors to handle the labor-intensive work. She also emphasized that opting out must be renewed each year.
“Trees and vegetation are part of the natural beauty of North Carolina, but they’re also the leading cause of power outages,” said Stewart. “Duke Energy maintains trees and vegetation year-round along the lines that deliver electricity to our customers for safety reasons and to maintain reliable service and minimize outages.
“Herbicide applications can help ensure longevity of our work and safety of our crews,” she continued. “These water-based treatments are generally safe for humans and animals and are approved by the EPA for our vegetation purposes – and they keep power lines clear of tall-growing plants while maintaining low-growing vegetation for wildlife habitats. This approach is recognized as an industry-best management practice by the International Society of Arboriculture (ISA). The products used in our herbicide applications are listed on our website.”
“Duke Energy has been recognized by Tree Line USA for its vegetation work. Tree Line USA is a national program recognizing public and private utilities for practices that protect and enhance America’s urban forests. A collaboration of the Arbor Day Foundation and the National Association of State Foresters, Tree Line USA promotes the dual goals of delivering safe and reliable electricity while maintaining healthy community trees,” Stewart concluded.