Revised
June, 2008
Administration: This Act generally pertains to the control of noxious weeds. The Nebraska Department of Agriculture, Bureau of Plant Industry, State Office Building, 301 Centennial Mall South, Lincoln, Nebraska 68509, telephone: (402) 471-2394, has certain duties under this Act.
Revisions: This Act was last revised during the 2008 session of the Legislature. (Note that sections 2-967 and 2-968 terminate on June 30, 2009.)
Rules: A regulation has been promulgated under this Act, known as Title 25, Chapter 10, Nebraska Administrative Code - Noxious Weed Regulations.
2-945.01 Act, how cited.
2-945.02 Legislative findings and declarations.
2-946.01 Counties; appropriate funds.
2-946.02 Noxious weed control; cities and villages; provide
funds.
2-952 Methods.
2-953 Terms, defined.
2-953.01 County weed district board; elections;
membership.
2-953.02 County weed district board; per diem; expenses; ex
officio member; appointment; when.
2-954 Act; enforcement; director, control
authorities, and superintendents; powers and duties; expenses.
2-954.02 Superintendent; continuing education.
2-955 Notice; kinds; effect; failure to
comply; powers of control authority.
2-956 Public lands; cost of
control.
2-957 List; publication; equipment;
treatment; disposition; violation; penalty.
2-958 Noxious weed control fund;
authorized; Noxious Weed Cash Fund; created; use; investment.
2-958.01 Noxious Weed and Invasive Plant Species
Assistance Fund; created; use; investment.
2-958.02 Grant program; applications; selection;
considerations; section, how construed.
2-959 Control authorities; equipment
and machinery; purchase; use; record.
2-960 Charges; protest; hearing;
appeal.
2-961 Entry upon land.
2-962 Notices; how served.
2-963 Violations; penalty; county
attorney; duties.
2-964.01 Action for failure to comply; authorized.
2-965 Project of control without
individual notice; control authority; powers.
2-965.01 Advisory committee; membership.
2-966 Certain noxious weed control
districts; dissolution; title to real estate.
2-967 Riparian Vegetation Management
Task Force; created; members.
2-968 Riparian Vegetation Management
Task Force; duties; meetings; recommendations; final report; expenses.
2-945.01. Act, how cited.
Sections 2-945.01 to 2-968 shall be known and may be cited as the Noxious Weed
Control Act.
2-945.02. Legislative findings and
declarations. The Legislature finds and declares that:
(2) It is the purpose of the Noxious Weed Control Act to establish a workable
framework, delineate responsibilities, encourage education of the public concerning
noxious weeds, and provide the necessary authority to effectively control noxious
weeds;
(3) It is the duty of each person who owns or controls land to effectively control noxious
weeds on such land. County boards or control authorities are responsible for
administration of noxious weed control laws at the county level;
(4) The Department of Agriculture should have responsibility for (a) establishing basic
standards such as designating which plants are to be considered noxious weeds and
which control measures are to be used in particular situations and (b) monitoring
implementation of the act by the control authorities; and
(5) A state noxious weed advisory committee shall be convened by the director with
broad representation to advise the director.
2-946.01. Counties; appropriate funds.
Counties may appropriate and expend funds for the purchase of materials,
machinery and equipment to assist the districts organized under this section and
section
2-946.02. Cities or villages may appropriate and expend funds for the purchase of
materials, machinery and equipment to assist districts organized within their corporate
limits.
2-946.02. Noxious weed control; cities and villages;
provide funds. All cities and villages in this state shall provide for
the control of noxious weeds within their jurisdiction and may appropriate money for and
make the necessary expenditures for noxious weed control. The director shall advise
cities and villages concerning noxious weed control.
2-952. Methods. It shall be the duty
of every person to control the spread of noxious weeds on lands owned or controlled by
him or her and to use such methods for that purpose as are specified in rules and
regulations adopted and promulgated by the director.
2-953. Terms, defined. For
purposes of the Noxious Weed Control Act:
(2)
(b) Control, with respect to weeds, means the prevention, suppression, or limitation of
the growth, spread, propagation, or development or the eradication of weeds;
(4) Noxious weeds means and includes any weeds designated and listed as noxious in
rules and regulations adopted and promulgated by the director;
(5) Control authority means the county weed district board or the county board if it is
designated as the control authority pursuant to section 2-953.01, which board shall
represent all rural areas and cities, villages, and townships within the county
boundaries;
(6) Director means the Director of Agriculture or his or her designated representative;
and
(7) Weed management entity means an entity recognized by the director as being
established by and consisting of local stakeholders, including tribal governments, for the
purpose of controlling or eradicating harmful, invasive weeds and increasing public
knowledge and education concerning the need to control or eradicate harmful, invasive
weeds.
2-953.01. County weed district board; elections;
membership. The county board may, following an election in
which a majority of the votes cast are in favor of such action, function as and exercise
the authority and carry out the duties of the county weed district board. To initiate such
an election, the county board may, by resolution, require the county clerk of such
county to have placed upon the ballot at the election next following such resolution, the
question, Shall the county weed district board be dissolved and its duties and authority
be exercised by the county board?
If a majority of the votes cast on this question are opposed to dissolution of the county
weed district board, the county shall remain subject to the direction and authority of the
elected county weed district board. If a majority of the votes cast on this question are in
favor of the dissolution of the county weed district board, the county board shall function
as and exercise the authority and carry out the duties of the county weed district board.
If, at any time following the dissolution of the county weed district board, county
residents, representing at least ten percent of the votes cast in the preceding general
election in such county, submit a petition to the county clerk for reestablishment of the
county weed district board as an independent elected body, the clerk shall place the
following question on the next general election ballot: Shall the county weed district
board be reestablished and elected independent of other county officials?
If a majority of the ballots favor reestablishment of the independent board, the county
board shall appoint an initial county weed district board and thereafter the county weed
district board members shall be elected in conformity with this section 32-531.
When the county board does not function as the county weed district board, such board
shall be composed of five members, three of whom shall be from rural areas and two of
whom shall be from cities, villages, or townships.
2-953.02. County weed district board; per diem;
expenses; ex officio member; appointment; when. The members
of the county weed district board shall be paid a per diem of not less than twelve dollars
for each day actually and necessarily engaged in the performance of their official duties
as members of such board and shall be allowed mileage reimbursement on the same
basis as provided in section 81-1176. The chairperson of the county board may
appoint one additional member from the county board to serve as an ex officio member
of the county weed district board to provide coordination between such boards, except
that the county board member or commissioner so appointed shall not be entitled to the
expense reimbursement allowed county weed district board members. The ex officio
member shall possess the same authority as other members, including the right to vote.
2-954. Act; enforcement; director, control authorities, and
superintendents; powers and duties; expenses.
(b) The director shall (i) investigate the subject of noxious weeds, (ii) require
information and reports from any control authority as to the presence of noxious weeds
and other information relative to noxious weeds and the control thereof in localities
where such control authority has jurisdiction, (iii) cooperate with control authorities in
carrying out other laws administered by him or her, (iv) cooperate with agencies of
federal and state governments and other persons in carrying out his or her duties under
the Noxious Weed Control Act, (v) with the consent of the Governor, conduct
investigations outside this state to protect the interest of the agricultural industry of this
state from noxious weeds not generally distributed therein, (vi) with the consent of the
federal agency involved, control noxious weeds on federal lands within this state, with
reimbursement, when deemed by the director to be necessary to an effective weed
control program, (vii) advise and confer as to the extent of noxious weed infestations
and the methods determined best suited to the control thereof, (viii) call and attend
meetings and conferences dealing with the subject of noxious weeds, (ix) disseminate
information and conduct educational campaigns with respect to control of noxious
weeds, (x) procure materials and equipment and employ personnel necessary to carry
out the director's duties and responsibilities, and (xi) perform such other acts as may be
necessary or appropriate to the administration of the act.
(c) The director may (i) temporarily designate a weed as a noxious weed for up to
eighteen months if the director, in consultation with the advisory committee created
under section 2-965.01, has adopted criteria for making temporary designations and (ii)
apply for and accept any gift, grant, contract, or other funds or grants-in-aid from the
federal government or other public and private sources for noxious weed control
purposes and account for such funds as prescribed by the Auditor of Public Accounts.
(d) When the director determines that a control authority has substantively failed to
carry out its duties and responsibilities as a control authority or has substantively failed
to implement a county weed control program, he or she shall instruct the control
authority regarding the measures necessary to fulfill such duties and responsibilities.
The director shall establish a reasonable date by which the control authority shall fulfill
such duties and responsibilities. If the control authority fails or refuses to comply with
instructions by such date, the Attorney General shall file an action as provided by law
against the control authority for such failure or refusal.
(b) A control authority may cooperate with any person in carrying out its duties and
responsibilities under the act.
(b) Under the direction of the control authority, it shall be the duty of every weed control
superintendent to examine all land under the jurisdiction of the control authority for the
purpose of determining whether the Noxious Weed Control Act and the rules and
regulations adopted and promulgated by the director have been complied with. The
weed control superintendent shall: (i) Compile such data on infested areas and
controlled areas and such other reports as the director or the control authority may
require; (ii) consult and advise upon matters pertaining to the best and most practical
methods of noxious weed control and render assistance and direction for the most
effective control; (iii) investigate or aid in the investigation and prosecution of any
violation of the act; and (iv) perform such other duties as required by the control
authority in the performance of its duties. Weed control superintendents shall
cooperate and assist one another to the extent practicable and shall supervise the
carrying out of the coordinated control program within the county.
(c) In cases involving counties in which municipalities have ordinances for weed
control, the control authority may enter into agreements with municipal authorities for
the enforcement of local weed ordinances and may follow collection procedures
established by such ordinances. All money received shall be deposited in the weed
control authority fund.
2-955. Notice; kinds; effect; failure to comply; powers of
control authority.
(b) Whenever any control authority finds it necessary to secure more prompt or definite
control of weeds on particular land than is accomplished by the general published
notice, it shall cause to be served individual notice upon the owner of record of such
land at his or her last-known address, giving specific instructions and methods when
and how certain named weeds are to be controlled. Such methods may include definite
systems of tillage, cropping, management, and use of livestock.
Each control authority shall use one or both of the following forms for all individual
notices:
OFFICIAL NOTICE
Because the stage of growth of the noxious weed infestation on the above-specified
property warrants immediate control, if such infestation remains uncontrolled after ten
days from the date specified at the bottom of this notice, the control authority may enter
upon such property for the purpose of taking the appropriate weed control measures.
Costs for the control activities of the control authority shall be at the expense of the
owner of the property and shall become a lien on the property as a special assessment
levied on the date of control.
. . . . . . . . . . . . . . . . . . . . . . . .
or
(ii)
OFFICIAL NOTICE
Upon request to the control authority, within fifteen days from the date specified at the
bottom of this notice, you are entitled to a hearing before the control authority to
challenge the existence of a noxious weed infestation on property owned by you at . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
In all counties having a population of three hundred thousand or more inhabitants, the
control authority may dispense with the individual notices and may publish general
notices if published in one or more newspapers of general circulation throughout the
area over which such control authority has jurisdiction. Such notice shall be published
weekly for four successive weeks prior to May 1 of each year or at such other times as
the control authority deems necessary. In no event shall a fine be assessed against a
landowner as prescribed in subdivision (3)(a) of this section, unless the control authority
has caused individual notice to be served upon the landowner as specified in this
subdivision.
(3) Whenever the owner of the land on which noxious weeds are present has
neglected
or failed to control them as required pursuant to the act and any notice given pursuant
to subsection (1) of this section, the control authority having jurisdiction shall proceed
as
follows:
(b) If, within ten days from the date specified in the notice required by subdivision (1)
(b) (i) of this section, the owner has not taken action to control the noxious weeds on
the
specified property and the stage of growth of such noxious weeds warrants immediate
control to prevent spread of the infestation to neighboring property, the control authority
may cause proper control methods to be used on such infested land, including
necessary destruction of growing crops, and shall advise the record owner of the cost
incurred in connection with such operation. The cost of any such control shall be at the
expense of the owner. In addition the control authority shall immediately cause notice
to be filed of possible unpaid weed control assessments against the property upon
which the control measures were used in the register of deeds office in the county
where the property is located. If unpaid for two months, the control authority shall
certify to the county treasurer the amount of such expense and such expense shall
become a lien on the property upon which the control measures were taken as a
special assessment levied on the date of control. The county treasurer shall add such
expense to and it shall become and form a part of the taxes upon such land and shall
bear interest at the same rate as taxes.
Nothing contained in this section shall be construed to limit satisfaction of the obligation
imposed hereby in whole or in part by tax foreclosure proceedings. The expense may
be collected by suit instituted for that purpose as a debt due the county or by any other
or additional remedy otherwise available. Amounts collected under subdivision (3) (b)
of this section shall be deposited to the noxious weed control fund of the control
authority.
2-956. Public lands; cost of control.
The cost of controlling noxious weeds on all land, including highways, roadways,
streets, alleys and rights-of-way, owned or controlled by a state department, agency,
commission, or board or a political subdivision shall be paid by the state department,
agency, commission, or board in control thereof or the political subdivision out of funds
appropriated to the state department, agency, commission, or board or budgeted by the
political subdivision for its use.
2-957. List; publication; equipment; treatment; disposition;
violation; penalty. To prevent the dissemination of noxious weeds
through any article, including machinery, equipment, plants, materials, and other things,
the director shall, from time to time, adopt and promulgate rules and regulations which
shall include a list of noxious weeds which may be disseminated through articles and a
list of articles capable of disseminating such weeds and shall designate in such rules
and regulations treatment of such articles as, in the director's opinion, would prevent
such dissemination. Until any such article is treated in accordance with the applicable
rules and regulations, it shall not be moved from such premises except under and in
accordance with the written permission of the control authority having jurisdiction of the
area in which such article is located, and the control authority may hold or prevent its
movement from such premises. The movement of any such article which has not been
so decontaminated, except in accordance with such written permission, may be
stopped
by the control authority having jurisdiction over the place in which such movement is
taking place and further movement and disposition shall only be in accordance with
such control authority's direction. Any further movement of any such article not in
accordance with the control authority's direction shall constitute a Class IV
misdemeanor.
2-958. Noxious weed control fund; authorized; Noxious
Weed Cash Fund; created; use; investment.
(2) The Noxious Weed Cash Fund is created. The fund shall consist of proceeds
raised from fees imposed for the registration of pesticides and earmarked for the fund
pursuant to section 2-2634, funds credited or transferred pursuant to sections 81-201
and 81-201.05, any gifts, grants, or donations from any source, and any reimbursement
funds for control work done pursuant to subdivision (1)(b)(vi) of section 2-954. An
amount from the General Fund may be appropriated annually for the Noxious Weed
Control Act. The fund shall be administered and used by the director to maintain the
noxious weed control program and for expenses directly related to the program. Any
money in the fund available for investment shall be invested by the state investment
officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds
Investment Act.
2-958.01. Noxious Weed and Invasive Plant Species
Assistance Fund; created; use; investment. The Noxious Weed
and Invasive Plant Species Assistance Fund is created. The fund may be used to carry
out the purposes of section 2-958.02. The State Treasurer shall credit to the fund any
funds transferred pursuant to section 54-857, funds appropriated to the fund by the
Legislature, and funds received as gifts or grants or other private or public funds
obtained for the purposes set forth in section 2-958.02. Any money in the fund available
for investment shall be invested by the state investment officer pursuant to the
Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
2-958.02. Grant program; applications; selection;
considerations; priority; section, how construed.
(2) The director shall receive applications by local control authorities and weed
management entities for assistance under this subsection and, in consultation with the
advisory committee created under section 2-965.01, award grants for any of the
following eligible purposes:
(b) To demonstrate innovative control methods or land management practices which
have the potential to reduce landowner costs to control noxious weeds or improve the
effectiveness of noxious weed control;
(c) To encourage the formation of weed management entities;
(d) To respond to introductions or infestations of invasive plants that threaten or
potentially threaten the productivity of cropland and rangeland over a wide area;
(e) To respond to introductions and infestations of invasive plant species that threaten
or potentially threaten the productivity and biodiversity of wildlife and fishery habitats on
public and private lands;
(f) To respond to special weed control problems involving weeds not included in the list
of noxious weeds promulgated by rule and regulation of the director if the director has
approved a petition to bring such weeds under the county control program;
(g) To conduct monitoring or surveillance activities to detect, map, or determine the
distribution of invasive plant species and to determine susceptible locations for the
introduction or spread of invasive plant species; and
(h) To conduct educational activities.
(b) The ability of the project to provide timely intervention to save current and future
costs of control and eradication;
(c) The likelihood that the project will prevent or resolve the problem or increase
knowledge about resolving similar problems in the future;
(d) The extent to which the project will leverage federal funds and other nonstate
funds;
(e) The extent to which the applicant has made progress in addressing noxious weed
or invasive plant problems;
(f) The extent to which the project will provide a comprehensive approach to the control
or eradication of noxious weeds;
(g) The extent to which the project will reduce the total population or area of infestation
of a noxious weed;
(h) The extent to which the project uses the principles of integrated vegetation
management and sound science; and
(i) Such other factors that the director determines to be relevant.
(5) Nothing in this section shall be construed to relieve control authorities of their duties
and responsibilities under the Noxious Weed Control Act or the duty of a person to
control the spread of noxious weeds on lands owned and controlled by him or her.
(6) The Department of Agriculture may adopt and promulgate necessary rules and
regulations to carry out this section.
2-959. Control authorities; equipment and machinery;
purchase; use; record. Control authorities, independently or in
combination, may purchase or provide for needed or necessary equipment for the
control of weeds, whether or not declared noxious, on land under their jurisdiction and
may make available the use of machinery and other equipment and operators at such
cost as may be deemed sufficient to cover the actual cost of operations, including
depreciation, of such machinery and equipment. All funds so received shall be
deposited to the noxious weed control fund. Each control authority shall keep a record
showing the procurement and rental of equipment, which record shall be open to
inspection by citizens of this state.
2-960. Charges; protest; hearing; appeal.
If any person is dissatisfied with the amount of any charge made against him or
her by a control authority for control work or for the purchase of materials or use of
equipment, he or she may, within fifteen days after being advised of the amount of the
charge, file a protest with the county board. The county board shall hold a hearing to
determine whether the charges were appropriate, taking into consideration whether the
control measures were conducted in a timely fashion. Following the hearing, the county
board shall have the power to adjust or affirm such charge. If any person is dissatisfied
with the decision of the county board or with charges made by the county board for
control work performed, such person may appeal the decision, and the appeal shall be
in accordance with the Administrative Procedure Act.
2-961. Entry upon land. The
director, any control authority, any weed control superintendent, or anyone authorized
thereby may enter upon all land under his, her, or its respective jurisdiction for the
purpose of performing the duties and exercising the powers the rules and regulations
adopted and promulgated by the director and the Noxious Weed Control Act, including
the taking of specimens of weeds or other materials, without the consent of the person
owning or controlling such land and without being subject to any action for trespass or
damages, including damages for destruction of growing crops, if reasonable care is
exercised.
2-962. Notices; how served. All
individual notices, service of which is provided for in the Noxious Weed Control Act,
shall be in writing. Service of such notices shall be in the same manner as service of a
summons in a civil action in the district court or by certified mail to the last-known
address to be ascertained, if necessary, from the last tax list.
2-963. Violations; penalty; county attorney;
duties.
(2) It shall be the duty of the county attorney of the county in which any violation of
section 2-955 or this section occurs, when notified of such violation by the county board
or control authority, to cause appropriate proceedings to be instituted and pursued in
the appropriate court without delay.
2-964.01. Action for failure to comply;
authorized. Any person or public agency may institute legal action
for the failure to comply with the Noxious Weed Control Act.
2-965. Project of control without individual notice; control
authority; powers. A control authority may direct and carry out
projects of control for one or more specific noxious weeds without individual notice as
prescribed in section 2-955 if the control authority has caused publication of notices of
such project as provided in this section. The notice shall be published in one or more
newspapers of general circulation throughout the area over which such control authority
has jurisdiction and shall be published weekly for four successive weeks prior to the
project commencement date specified in the notice for the control project. Such notice
shall state the noxious weed or weeds to be controlled by the project, the date the
project will commence, and the approximate period of time when the project will be
carried out. In no event shall a fine or lien be assessed against a landowner as
prescribed in section 2-955 for a project under this section unless the control authority
has caused individual notice to be served upon the landowner as specified in section 2-
955.
2-965.01. Advisory committee;
membership. The director shall convene an advisory committee to
advise the director concerning his or her responsibilities under the noxious weed control
program. Representatives from the Nebraska Weed Control Association, the leafy
spurge task force, state or federal agencies actively concerned with the control of
noxious weeds, the University of Nebraska Institute of Agriculture and Natural
Resources, and cities and villages of this state, persons actively involved in agriculture,
and others in the public and private sector may serve on such committee at the request
of the director. If an advisory committee is convened, members shall not receive any
reimbursement for expenses.
2-966. Certain noxious weed control districts; dissolution;
title to real estate. Title to any real estate standing in the name of
any noxious weed control district created under sections 2-910 to 2-951, which district
was dissolved by the repeal of such sections by Laws 1965, chapter 7, section 15, is
hereby quieted in the county in which such real estate is located. Any such real estate
shall be held by the county for the use of the county authority created pursuant to
sections 2-952 to 2-963 or may be sold and the proceeds from such sale deposited to
the credit of the control authority.
2-967. Riparian Vegetation Management Task Force;
created; members. The Riparian Vegetation Management Task
Force is created. The Governor shall appoint the members of the task force. The
members shall include one surface water project representative from each river basin
that has been determined to be fully appropriated pursuant to section 46-714 or 46-720
or designated as overappropriated pursuant to section 46-713 by the Department of
Natural Resources; one representative from the Department of Agriculture, the
Department of Environmental Quality, the Department of Natural Resources, the office
of the Governor, the office of the State Forester, the Game and Parks Commission, and
the University of Nebraska; two representatives nominated by the Nebraska Association
of Resources Districts; two representatives nominated by the Nebraska Weed Control
Association; one riparian landowner from each of the state's congressional districts; and
one representative from the Nebraska Environmental Trust. In addition to such
members, any member of the Legislature may serve as a member of the task force at
his or her option. For administrative and budgetary purposes only, the task force shall
be housed within the Department of Agriculture. This section terminates on June 30,
2009.
2-968. Riparian Vegetation Management Task Force;
duties; meetings; recommendations; final report; expenses. The
Riparian Vegetation Management Task Force, in consultation with appropriate federal
agencies, shall develop and prioritize vegetation management goals and objectives,
analyze the cost-effectiveness of available vegetation treatment, and develop plans and
policies to achieve such goals and objectives. Any plan shall utilize the principles of
integrated vegetation management and sound science. The task force shall convene
within thirty days after the appointment of the members is complete to elect a
chairperson and conduct such other business as deemed necessary. The efforts of the
task force shall be initially directed toward river basins designated by the Department of
Natural Resources as fully appropriated or overappropriated. Task force meetings shall
be held in communities within the Republican River and Platte River basins. The task
force shall make preliminary recommendations to the Governor and the Legislature
regarding funding and legislation needed to achieve its goals on or before December
15, 2007, and each year thereafter, with a final report due prior to June 30, 2009. It is
the intent of the Legislature that expenses of the task force be paid from funds
appropriated for Laws 2007, LB 701, and shall not exceed twenty-five thousand dollars
per fiscal year. This section terminates on June 30, 2009.
(1) The failure to control noxious weeds on lands in this state is a serious problem
which is detrimental to the production of crops and livestock and to the welfare of
residents of this state and which may devalue land and reduce tax revenue;
(1) Person means any individual, partnership, firm, limited liability company,
corporation, company, society, or association, the state or any department, agency, or
subdivision thereof, or any other public or private entity;
(a) Control, with respect to land, means the authority to operate, manage, supervise, or
exercise jurisdiction over or any similar power. The state or federal government or a
political subdivision shall not be deemed to control land on which it has an easement as
long as it does not otherwise operate, manage, supervise, or exercise jurisdiction over
the land; and
(3) County board means the county board of commissioners or supervisors;
Yes . . . . No . . . .
Yes . . . . No . . . .
(1)
2-954.02. Superintendent; continuing
education. Beginning January 1, 1988, each county weed control
superintendent shall be required to complete twenty hours of annual continuing
education. The cost of continuing education shall be included in the annual budget of
the weed control authority. Such continuing education shall focus on the use of
equipment, drift control, calibration, proper selection of pesticides, legal responsibilities,
and duties of office. Any statewide association of county weed control superintendents
or of local governments responsible for weed control may sponsor the required
continuing education program. All continuing education programs shall be submitted to
the director for review and approval. The sponsoring organization shall maintain
records of attendance and notify each county board of the hours completed by its weed
control superintendent by January 1 of each year. Failure to complete the required
number of hours of continuing education shall subject such weed control
superintendent to removal from office by the county board.
(a) The duty of enforcing and carrying out the Noxious Weed Control Act shall be
vested in the director and the control authorities as designated in the act. The director
shall determine what weeds are noxious for purposes of the act. A list of such noxious
weeds shall be included in the rules and regulations adopted and promulgated by the
director. The director shall prepare, publish, and revise as necessary a list of noxious
weeds. The list shall be distributed to the public by the director, the Cooperative
Extension Service, the control authorities, and any other body the director deems
appropriate. The director shall, from time to time, adopt and promulgate rules and
regulations on methods for control of noxious weeds and adopt and promulgate such
rules and regulations as are necessary to carry out the act. Whenever special weed
control problems exist in a county involving weeds not included in the rules and
regulations, the control authority may petition the director to bring such weeds under the
county control program. The petition shall contain the approval of the county board.
Prior to petitioning the director, the control authority, in cooperation with the county
board, shall hold a public hearing and take testimony upon the petition. Such hearing
and the notice thereof shall be in the manner prescribed by the Administrative
Procedure Act. A copy of the transcript of the public hearing shall accompany the
petition filed with the director. The director may approve or disapprove the request. If
approval is granted, the control authority may proceed under the forced control
provisions of sections 2-953 to 2-955 and 2-958.
(2)
(a) Each control authority shall carry out the duties and responsibilities vested in it
under the act with respect to land under its jurisdiction in accordance with rules and
regulations adopted and promulgated by the director. Such duties shall include the
establishment of a coordinated program for control of noxious weeds within the county.
(3)
(a) Each county board shall employ one or more weed control superintendents. Each
such superintendent shall, as a condition precedent to employment, be certified in
writing by the federal Environmental Protection Agency as a commercial applicator
under the Federal Insecticide, Fungicide, and Rodenticide Act. Each superintendent
shall be bonded for such sum as the county board shall prescribe. The same person
may be a weed control superintendent for more than one county. Such employment
may be for such tenure and at such rates of compensation and reimbursement for
travel expenses as the county board may prescribe. Such superintendent shall be
reimbursed for mileage at a rate equal to or greater than the rate provided in section
81-1176.
(1) Notices for control of noxious weeds shall consist of two kinds: General notices, as
prescribed by rules and regulations adopted and promulgated by the director, which
notices shall be on a form prescribed by the director; and individual notices, which
notices shall be on a form prescribed by this section. Failure to publish general weed
notices or to serve individual notices as provided in this section shall not relieve any
person from the necessity of full compliance with the Noxious Weed Control Act and
rules and regulations adopted and promulgated pursuant to the act.
(a) General notice shall be published by each control authority, in one or more
newspapers of general circulation throughout the area over which the control authority
has jurisdiction, on or before May 1 of each year and at such other times as the director
may require or the control authority may determine.
(2) At the request of any owner served with an individual notice pursuant to subdivision
(1) (b) (ii) of this section, the control authority shall hold an informal public hearing to
allow such landowner opportunity to be heard on the question of the existence of an
uncontrolled noxious weed infestation on such landowner's property.
(i)
. . . . . . . . . . . . . .
Weed Control SuperintendentDated;
. . . . . . . . . . . . . .
Weed Control Superintendent Dated.
(a) If, within fifteen days from the date specified on the notice required by subdivision
(1) (b) (ii) of this section, the owner has not taken action to control the noxious weeds
on the specified property and has not requested a hearing pursuant to subsection (2) of
this section, the control authority shall notify the county attorney who shall proceed
against such owner as prescribed in this subdivision. A person who is responsible for
an infestation of noxious weeds on particular land under his or her ownership and who
refuses or fails to control the weeds on the infested area within the time designated in
the notice delivered by the control authority shall, upon conviction, be guilty of an
infraction pursuant to sections 29-431 to 29-438, except that the penalty shall be a fine
of one hundred dollars per day for each day of violation up to a total of one thousand
five hundred dollars for fifteen days of noncompliance; or
(1) A noxious weed control fund may be established for each control authority, which
fund shall be available for expenses authorized to be paid from such fund, including
necessary expenses of the control authority in carrying out its duties and responsibilities
under the Noxious Weed Control Act. The weed control superintendent within the
county shall (a) ascertain and tabulate each year the approximate amount of land
infested with noxious weeds and its location in the county, (b) ascertain and prepare all
information required by the county board in the preparation of the county budget,
including actual and expected revenue from all sources, cash balances, expenditures,
amounts proposed to be expended during the year, and working capital, and (c)
transmit such information tabulated by the control authority to the county board not later
than June 1 of each year.
(1) From funds available in the Noxious Weed and Invasive Plant Species Assistance
Fund, the director may administer a grant program to assist local control authorities and
other weed management entities in the cost of implementing and maintaining noxious
weed control programs and in addressing special weed control problems as provided in
this section.
(a) To conduct applied research to solve locally significant weed management
problems;
(3) The director shall select and prioritize applications for assistance under subsection
(2) of this section based on the following considerations:
(a) The seriousness of the noxious weed or invasive plant problem or potential problem
addressed by the project;
(4) The director shall receive applications for grants under this subsection and shall
award grants to recipients and programs eligible under this subsection. Priority shall be
given to grant applicants whose proposed programs are consistent with the policy
established in section 2-968. Beginning in fiscal year 2007-08, it is the intent of the
Legislature to appropriate two million dollars annually for the management of vegetation
within the banks of a natural stream or within one hundred feet of the banks of a
channel of any natural stream. Such funds shall only be used to pay for activities and
equipment as part of vegetation management programs that have as their primary
objective improving conveyance of streamflow in natural streams. Grants from funds
appropriated as provided in this subsection shall be disbursed only to weed
management entities, local weed control authorities, and natural resources districts,
whose territory includes one or more fully appropriated or overappropriated river basins
as designated by the Department of Natural Resources with priority for the first year
given to fully appropriated river basins that are the subject of an interstate compact or
decree. The Game and Parks Commission shall assist grant recipients in implementing
grant projects under this subsection, and interlocal agreements under the Interlocal
Cooperation Act or the Joint Public Agency Act shall be utilized whenever possible in
carrying out the grant projects. This subsection terminates on June 30, 2009.
(1) Any person who intrudes upon any land under quarantine, who moves or causes to
be moved any article covered by section 2-957 except as provided in such section, who
prevents or threatens to prevent entry upon land as provided in section 2-961, or who
interferes with the carrying out of the Noxious Weed Control Act, shall be guilty of a
Class IV misdemeanor in addition to any penalty imposed pursuant to section 2-955.