Revised June 2003

Explains Montana law and landowner responsibilities. Also describes weed management districts, enforcement of law and opportunities for cooperative and voluntary agreements. Incl. list of weeds deemed noxious in Montana.

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It is unlawful for any person to permit any noxious weed to propagate or produce seeds on his or her land....

Noxious weeds are a serious ecological and environmental threat to the natural resources of Montana. Noxious weeds displace native plant communities (including endangered species), alter wildlife habitat, reduce forage for wildlife and livestock and lower biodiversity. In some cases, noxious weeds increase soil surface runoff and sedimentation into streams, a process many scientists believe is the beginning of desertification. Therefore, it is critical that Montanans effectively implement the Montana County Noxious Weed Control Law to ward off these threats.

History

The Montana County Noxious Weed Control Law (MCA 7-2101 through -2153) was established in 1948 to protect Montana from destructive noxious weeds.

This act, amended in 1991, has established a set of criteria for the control and management of noxious weeds in Montana. Noxious weeds are defined by this act as being any exotic plant species which may render land unfit for agriculture, forestry, livestock, wildlife or other beneficial uses or that may harm native plant communities. Plants can be designated statewide noxious weeds by rule of the Department of Agriculture or county-wide noxious weeds by district weed boards following public notice of intent and a public hearing.

The Montana noxious weed law only pertains to noxious weeds. It cannot be enforced on any weed not designated as a statewide or district noxious weed. (The statewide noxious weeds list, current as of June, 2003, is below.)

Responsibilities

The noxious weed control law establishes weed management districts throughout the state. These management districts are commonly called county weed control districts and are defined by the boundaries of the county. In some cases, a weed management district may include more than one county through an agreement made by the county commissioners of the neighboring counties. Currently, there are 56 weed control districts within Montana. Look under the blue county government pages in your phone book, or contact your county or tribal MSU Extension office to find your weed control district.

After the establishment of a county weed management district, a county weed board is appointed by the county commissioners of each district to oversee responsibilities established by the noxious weed control law. A county weed board must consist of at least three members and no more than nine members, a majority of whom must be agricultural landowners. County weed board members are considered public officers of the county, and may call upon the county attorney for legal advice and services.

The County Noxious Weed Control Law commissions the county weed boards with three main responsibilities. They are:

· to develop and administer the district's noxious weed program,

· to establish management criteria for noxious weeds on all lands within the district,

· to make all efforts to develop and implement a noxious weed program covering all land within the district owned or administered by a federal agency.

Along with these responsibilities, the Montana County Noxious Weed Control Law empowers county weed boards to:

· employ a supervisor and other employees as necessary and provide for their compensation,

· purchase chemicals, materials, and equipment, plus pay other operational costs as necessary to implement an effective weed management program,

· determine what chemicals, materials, or equipment may be made available to persons controlling weeds on their own lands,

· enter into agreements with the Department of Agriculture for the control and/or eradication of any new exotic plant species not previously established in the state,

· perform other activities relating to weed management, such as mapping and educational programs.

The county weed boards must provide information regarding protective clothing, health hazards and proper application techniques to herbicide mixers, loaders and applicators. This information must be made available to the general public for review at the county weed control district office. In the implementation of these powers, and duties the county weed control district's board members, supervisors, and/or employees are only liable for damages caused by herbicide activity where acts or omissions constitute gross negligence.

Development of noxious weed management districts

The Montana County Noxious Weed Control Law declares noxious weeds--and noxious weed seeds--to be a common nuisance. It is unlawful for any person to permit any noxious weed to propagate or produce seeds on their land unless the landowner adheres to the noxious weed management program of their county, or has entered into and is in compliance with a written noxious weed management plan for their property. To be valid, this written noxious weed management plan must be approved and signed by the district weed board chairman.

The county weed control district is responsible for developing a district wide noxious weed management plan to help county residents comply with the Montana County Noxious Weed Law. This plan must be made available to the public for review at the district office.

In developing the county weed control district's noxious weed management plan, the board must specify the goals and priorities of their weed management program. Furthermore, the distribution and abundance of each noxious weed species occurring within the district, along with the locations of new infestations and/or areas particularly susceptible to new infestations must be reviewed by the board and included in the management plan.

The district's noxious weed management plan must specify the pesticide management goals and procedures of the district. Water quality protection, public and worker safety, equipment selection and maintenance must be addressed along with pesticide selection, application, mixing, loading, storage and disposal. The annual estimated costs of personnel, operations and equipment accrued by the district must also be included.

The county noxious weed management plan shall provide for the management of noxious weeds on all land or rights-of-way owned or controlled by the county or municipality(ies) within the district. The preservation of beneficial vegetation and wildlife habitat must be taken into consideration when making these provisions.

Where at all possible, cultural, chemical and biological control methods shall be integrated to control noxious weeds.

In developing the district noxious weed management plan, the weed board may choose to establish special management zones within the district. The management criteria in these zones may be more or less stringent than the general management criteria for the district.

Funding for weed management districts

To develop and administer the responsibilities and guidelines established by the noxious weed control law, the county commissioners of each county are mandated to create a noxious weed management fund kept separate and distinct by the county treasurer. To provide sufficient money to administer the program, the county commissioners may:

· appropriate money from the general fund of the county,

· levy and assess taxes fixed by law, not exceeding two mills on the dollar of total taxable valuation in the county. Note: This tax must be identified for noxious weed control use,

· levy a tax in excess of two mills if it is authorized by a majority of the qualified electors voting in an election held for this purpose.

All the proceeds of the noxious weed control tax must be designated to the noxious weed management fund and used solely for the purpose of managing noxious weeds within the district. Any proceeds from work or the sales of herbicides accrued by the district must revert to the noxious weed management fund and be available for reuse within that fiscal year. Other funds that can be placed in the noxious weed management fund include private, state or federal gifts, grants, contracts, and/or other funds to aid in the management of noxious weeds within the district.

The noxious weed fund must be expended by the commissioners to manage noxious weeds at the time and manner recommended by the district weed board.

The district may contract with the Montana Department of Transportation for the management of noxious weeds along state or federal highway rights of way.

Compensation for this work is to be paid from the state highway fund.

Enforcement

The Montana County Noxious Weed Control Law made it unlawful for any person to permit noxious weeds to propagate or produce seeds on his or her land. The only exceptions to this are to follow the district's noxious weed management plan or to develop and implement a noxious weed management agreement approved by the district weed board. If noxious weeds exist on property and the landowner is not attempting to manage them, the landowner is considered to be in noncompliance with the noxious weed control law. In cases of noncompliance, after a complaint has been filed or when the county weed board has reason to believe that noxious weeds are present on a person's land in violation of the noxious weed control law, that person must be notified by mail or telephone of the complaint. At that time, the county weed board will request an inspection of the land within 10 days of the notification. The county weed board, or authorized agent, and the landowner, or representative, shall inspect the land to validate the complaint. If noxious weeds are found, the landowner will be notified and asked to voluntarily comply with the county weed control program. If voluntary compliance is not possible, notice of noncompliance must be sent by certified mail specifying:

· the nature of the complaint,

· the specific geographic location of the complaint,

· the measures to be undertaken in order to comply with the district's noxious weed management plan,

· a reasonable period of time in which compliance measures must be initiated,

· the right of the landowner to request an administrative hearing.

The landowner is to be given a reasonable period of time, not less than ten days, to begin compliance measures. A written proposal may then be submitted to the county weed board outlining the control measures the landowner will complete. If the county weed board accepts this proposal, the landowner is considered to be in compliance. Under state law the county weed board shall consider the economic impact on the person and neighbors, along with biological and environmental limitations before accepting or rejecting a proposal. Alternative control measures shall also be explored when reviewing proposals.

If corrective action is not taken and no proposal is made or accepted or a request for an administrative hearing has not been made within the time specified within the notice, the board may enter the person's land and institute appropriate weed control measures. In this case, the landowner will be sent a bill to cover costs of the control plus a penalty of up to 10 percent of the total costs incurred. This bill must be paid within 30 days from the date sent or the county clerk will certify the amount and assess a special tax on the land. If the land for any reason is exempt from general taxation, the charges may be recovered by direct claim against the lessee and collected in the same manner as personal taxes. If the violation is on leased state lands, the lessee is responsible for controlling weeds or paying any assessment levied because of non-conformance to the law. In addition, if a person fails to obey an order from the weed board, or interferes with the weed board, they are guilty of a misdemeanor.

Before a complaint is submitted to the county commissioners or county weed board, it is strongly suggested that a reasonable effort be made to persuade the landowner to cooperate with neighbors on controlling the noxious weed problem.

Embargo

Under the noxious weed law, embargo programs may be implemented to reduce the spread of noxious weeds within the county or to prevent the introduction of noxious weeds into the county. The county weed board can establish a voluntary embargo program for the movement of any material into or out of the county--forage, sand and gravel, timber, etc. which may contain noxious weed seeds, or for forage that is sold as noxious weed seed free but has not been so certified by the state.

Development projects

The Montana County Noxious Weed Control Law states that any local government unit or state agency approving a mine, major facility, transmission line, solid waste facility, highway, subdivision or any other development resulting in significant disturbance of the land within a district shall notify the district weed board of the disturbance. If a person or agency disturbs vegetation on an easement or right-of-way within a district by construction of a road, irrigation or drainage ditch, pipeline, transmission line or other development, the district weed board shall require the disturbed areas to be seeded, planted or otherwise managed to reestablish a cover of beneficial plants. The person or agency disturbing the land must submit a written plan to be reviewed, approved and signed by the chairman of the weed board. This plan must describe the time and method of seeding, fertilization practices, recommended plant species, use of noxious weed free seed and the noxious weed management procedures to be used on the site.

Cooperative and voluntary agreements

Cost-share programs may be established by the county weed control district for special projects and/or management zones. The county weed board may recommend to the county commissioners the establishment of cost-share programs with any person. These programs must specify the costs of noxious weed management paid for through the noxious weed management fund and the costs paid for by the cost-share participant.

Written cooperative agreements with any state agency controlling land within a district (i.e., Department of Transportation, Department of State Lands, Department of Fish, Wildlife, and Parks, Department of Natural Resources and Conservation, and the university system) shall be entered into with the district weed board. This agreement must specify the integrated noxious weed management responsibilities of both the agency and the district weed board on state-owned or state-controlled land within the district. It must include:

· a 6-year integrated noxious weed management plan updated biennially;

· the goals for noxious weed management;

· a specific plan of operations and a budget for the biennium;

· a biennial performance report by the district weed board to the Department of Agriculture's State Weed Coordinator regarding the success of the plan.

Also a written cooperative noxious weed management agreement must be entered into between each incorporated municipality within the district and the district weed board. This agreement must outline the responsibilities for both the district and the municipality for the management of noxious weeds within the boundaries of the municipality.

Voluntary agreements may be entered into with any person for the management of noxious weeds along the state or county road right-of-ways bordering or running through their lands. This agreement must provide for effective noxious weed management and be approved by the district weed board.

Summary

Understanding the noxious weed control law is a vital key to implementing an effective noxious weed management program for the state of Montana. Since 1948, the Montana County Noxious Weed Control Law has been working to protect Montana's natural resources from invasion by noxious weeds. County weed control districts administered by county weed boards and county commissioners work to develop and fund district-wide noxious weed management programs. They also enforce the noxious weed control law, and work to develop cooperative and voluntary agreements with public and private land managers to manage noxious weeds on their lands.

Understanding the objectives and responsibilities of the noxious weed control law can help Montanans use this legislation to develop effective noxious weed management practices. Copies of the Montana County Noxious Weed Control Law can be obtained from your county attorney's office or by calling the Montana Department of Agriculture in Helena at 406-444-2944.

Category 1 Noxious Weeds

Noxious weeds in this category are currently established and are generally widespread in many counties of the state.

Management criteria include awareness and education, the containment and suppression of existing infestations and the prevention of new infestations. These weeds are capable of rapid spread and render land unfit or greatly limit beneficial uses.

1. Whitetop complex (Cardaria draba, C. purescens, C. chalepensis)

2. Diffuse knapweed (Centaurea diffusa)

3. Spotted knapweed (Centaurea maculosa)

4. Russian knapweed (Acroptilon repens)

5. Oxeye daisy (Chrysanthemum leucanthemum L.)

6. Canada thistle (Cirsium arvense)

7. Field bindweed (Convolvulus arvensis)

8. Houndstongue (Cynoglossum officinale L.)

9. Leafy spurge (Euphorbia esula)

10. St. Johnswort (Hypericum perforatum)

11. Dalmatian toadflax (Linaria dalmatica)

12. Yellow toadflax (Linaria vulgaris)

13. Sulfur cinquefoil (Potentilla recta)

14. Common tansy (Tanacetum vulgare)

Category 2 Noxious Weeds

Category 2 noxious weeds have recently been introduced into the state or are rapidly spreading from their current infestation sites. These weeds are capable of rapid spread and invasion of lands, rendering them unfit for beneficial uses. Management criteria include awareness, education, monitoring and containment of known infestations along with eradication where possible.

15. Orange hawkweed (Hieracium auratiacum)

16. Meadow hawkweed complex (Hieracium pratense, H. floribundum, H. piloselloides)

17. Dyers woad (Isatis tinctoria)

18. Perennial pepperweed (Lepidium latifolium)

19. Purple loosestrife or lythrum (Lythrum salicaria, L. virgatum, and any hybrids)

20. Tall buttercup (Ranunculus acris)

21. Tansy ragwort (Senecio jacobea)

22. Tamarisk [saltcedar] (Tamarix spp.)

Category 3 Noxious Weeds

Noxious weeds in Category 3 have not been detected in the state or may be found only in small, scattered, localized infestations. Management criteria include awareness, education, early detection and immediate action to eradicate infestations. These weeds are known pests in nearby states and are capable of rapid spread and render land unfit for beneficial uses.

23. Yellow starthistle (Centaurea solstitialis)

24. Common crupina (Crupina vulgaris)

25. Rush skeletonweed (Chondrilla juncea)

26. Yellowflag iris (Iris pseudocorus)

27. Eurasian water milfoil (Myriophyllum spicatum)

Information taken from the Montana County Noxious Weed Control Act (MCA 122-2101 through 7-22-2153)

Weeds G-2 (Misc) -- Revised June 2003. 1000-0603SF