TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 24

NOXIOUS WEEDS

22-2406.  County powers. (1) The county control authority is authorized to:

(a)  Have noxious weeds controlled without cost to the landowner, notwithstanding any other provision of this chapter relating to payment of cost; and

(b)  Quarantine any tract of land under its jurisdiction when it appears there is an infestation of noxious weeds beyond the ability of the landowner to control and put into immediate operation the required means for the control or containment of such noxious weeds including necessary destruction of crops; and

(c)  Serve individual notice on the landowner and where possible on the operator of the land prior to the entry upon such land declaring a quarantine and specifying the date of the proposed entry and the proposed cost to the violator, and advise the same person of the completion of the control operation and the required reimbursement thereof. If the landowner is not known or readily available, notice shall be deemed satisfied after eight (8) days from postmark of registered mail to the address as shown on the assessment roll of the county; and

(d)  Stop movement of noxious weed infested items. Such items shall not be moved from designated premises except in accordance with the written permission of the county control authority; and

(e)  Purchase or provide for equipment and materials for the control of noxious weeds, independently or in combination with other control authorities, and use such equipment or materials upon any lands within the state; and

(f)  Levy annually upon all taxable property of said county a tax for the control of noxious weeds to be collected and apportioned to the county noxious weed fund, which levy shall not exceed six hundredths percent (.06%) of the market value for assessment purposes of said property in said county; and

(g)  Utilize any other methods or local options that may be available for the purpose of funding a coordinated noxious weed control program on the county level; and

(h)  Use the noxious weed fund, which may be a revolving fund, only for noxious weed purposes. In addition to any appropriated funds designated for the control of noxious weeds, the county control authority shall have the power to receive and disburse funds from any source as a continuing appropriation at any time for the purpose of controlling noxious weeds; and

(i)  Propose and accept plans for noxious weed control which may be extended over a period of years by agreement with the landowner. The agreement shall be a contract and the control authority shall have the power and duty to enforce the terms of any such agreement; and

(j)  Propose, accept and implement integrated weed management plans developed by weed control advisory committees for control of noxious weeds in cooperative weed management areas; and

(k)  Designate weeds, in addition to the state noxious weed list, as noxious within their county, but such additional species are not subject to provisions of the state noxious weed laws.

(2)  The county weed superintendent is authorized to:

(a)  Enter upon all lands within the county where there are noxious weeds to ascertain conditions, if a reasonable attempt has been made to contact the landowner and where possible the operator of the land prior to entry and there is probable cause for entry; and

(b)  Stipulate items as requiring treatment to prevent dissemination of noxious weeds, in accordance with the applicable regulations.

History:

[(22-2406), added 1970, ch. 149, sec. 14, p. 448; am. 1981, ch. 309, sec. 14, p. 647; am. 1987, ch. 331, sec. 13, p. 702; am. 1988, ch. 320, sec. 1, p. 979; 22-2453 redesignated 22-2482, 1989, ch. 298, sec. 13, p. 744; am. and redesig. 1993, ch. 247, sec. 8, p. 866; am. 1996, ch. 208, sec. 3, p. 660; am. 1996, ch. 322, sec. 3, p. 1031; am. 1999, ch. 75, sec. 5, p. 218.]