The North Dakota Century Code Chapter 63-01.1 is the state law pertaining to the
control of noxious
CHAPTER 63-01.1
NOXIOUS WEED CONTROL
63-01.1-01. Control and eradication of noxious
weeds. Every person in charge of or
in possession of land in this state, whether as landowner, lessee, renter, or
tenant, under
statutory authority or otherwise, shall control or eradicate noxious weeds on
those lands.
63-01.1-02. Definitions. As used in this chapter:
1. "Board member area" means a geographical area within the county from which a
member of the weed board is appointed.
2. "City weed control officer" means an individual designated by a city weed
board to
be responsible for the operation and enforcement of this chapter within the
city.
3. "Commissioner" means the agriculture commissioner or the commissioner's
designee.
4. "Control" means to prevent the spread of any noxious weed by seed or any
other
propagating part or to suppress, eradicate, prevent, or retard the spread of a
pest.
5. "Control authority" means the commissioner, a county weed board, a county
weed
control officer, a city weed board, or a city weed control officer.
6. "County weed control officer" means an individual designated by the county
weed
board to be responsible for the operation and enforcement of this chapter within
each county.
7. "Eradicate" means to destroy a plant or a pest so that it is not viable.
8. "Highway, street, or road" means a public way for purposes of vehicular
travel,
including the entire area within the right of way. A highway in a rural area may
be
called a "road" and a highway in an urban area may be called a "street".
9. "Landowner" means any owner of federal, state, municipal, or private land,
under
statutory authority or otherwise. The term does not include a lessee, renter,
tenant,
operator, or an owner of any easement or right of way.
10. "Noxious weed" means a plant propagated by either seed or vegetative parts
and
which is determined by the commissioner after consulting with the North Dakota
state university extension service or which is determined by a county weed board
after consulting with the county extension agent to be injurious to public
health,
crops, livestock, land, or other property.
11. "Operator" means the person responsible for farming operations or other
operations
being performed on the land, whether for self-benefit, or for the benefit of the
landowner or another.
12. "Pest" means any pest defined in section 4-33-01 and a prairie dog.
13. "Township road" means an improved public road that is not located in an
incorporated city and not designated as part of a county, state, or federal-aid
road
system, but constructed, maintained, graded, and drained by the township, or
county
in the case of an unorganized township. A township road includes a street in an
unincorporated townsite; does not have to be surfaced; does not include a sodded
road; and includes a section line if that section line is graded, drained, and a
maintained road.
63-01.1-03. State weed control authority - Agriculture commissioner - Duties.
The
commissioner shall:
1. Enforce this chapter;
2. Cooperate with other weed control authorities and law enforcement officers;
3. Determine which weeds are noxious after consulting with the North Dakota
state
university extension service;
4. Compile and keep a list of noxious weeds;
5. Establish procedures and prepare and supply all notices, posters, forms, and
other
documents needed in carrying out this chapter;
6. Prepare all notices and posters featuring the noxious weed list, rules, dates
for
controlling noxious weeds, and other compliance requirements, for printing in
official
newspapers or for posting at least annually;
7. Encourage the North Dakota state university extension service to disseminate
information and to conduct educational campaigns with respect to the control and
eradication of noxious weeds and pests;
8. Except as otherwise provided, forward all written complaints to the proper
weed
control authority;
9. Call an annual meeting of all weed control officers, either statewide or by
areas, to
review the intent, operation, procedures, and accomplishments under this chapter
and invite all weed control authority members to attend; and
10. Encourage the cooperation of federal and state agencies in furthering this
chapter.
63-01.1-03.1. County weed board - Jurisdiction. The jurisdiction of each county
weed
board extends to all land within the county but does not include any land within
the corporate
limits of a city if that city has its own noxious weed control program under
this chapter.
63-01.1-03.2. State weed control authority - Agriculture commissioner - Powers.
The commissioner may require operational reports and program reports from weed
control
authorities regarding both noxious weed control and pest control.
63-01.1-04. County weed board - Members - Terms - Compensation.
1. Each board of county commissioners shall establish county weed board member
areas. Each county weed board member area must be contiguous.
2. The board of county commissioners shall appoint a county weed board
consisting of
five or seven members. Members shall serve for a term of four years or until
their
successors are appointed and qualified. The terms must be staggered so that no
more than two expire each year. Any qualified elector residing in the board
member
area is eligible to represent that area on the board. In each county
encompassing a
city with a population of five thousand or more, one board member must be
appointed from within the corporate limits of that city unless the city has
established
its own noxious weed control program under this chapter.
3. A board member shall assume office at the first regular meeting of the county
weed
board following that member's appointment.
4. The board of county commissioners shall remove a member of the county weed
board for repeated unexcused failures to attend meetings, for refusal to act as
a
board member, or for incapacity. If a vacancy occurs on a county weed board, the
board of county commissioners, at its next regular meeting, shall appoint an
individual who possesses the necessary qualifications to fill the unexpired
term.
5. The county weed board shall elect from its members a chairman and a vice
chairman and shall appoint a secretary and a treasurer. The secretary and
treasurer
need not be members of the county weed board.
6. The board of county commissioners may set rates of compensation for board
members. Board members are entitled to reimbursement for actual and necessary
expenses and a mileage allowance at the rate established for state employees.
63-01.1-04.1. County weed board - Duties.
1. Each county weed board shall designate a county weed control officer who
shall
cooperate with the board and be responsible for the operation and enforcement of
this chapter within the county. The county weed control officer may be a member
of
the county weed board. An individual may serve as a weed control officer for
more
than one weed board. Employment is for a tenure and at rates of compensation and
reimbursement for travel expenses as the county weed board may prescribe and is
without regard to any provisions of law relating to age or dual compensation. A
county weed board shall certify the designation of a county weed control officer
to
the commissioner.
2. Each county weed board shall cooperate with all other control authorities.
3. Each county weed board shall implement and pursue a program for the control
of
noxious weeds.
4. Each county weed board shall fix the time and place of regular meetings. Each
board shall meet at least once each year. All meetings are open to the public.
Each
board shall keep minutes of its meetings and a complete record of all official
acts.
5. Each county weed board shall conduct at least one annual inspection to
determine
the progress of noxious weed control activities within the county.
6. Each county weed board shall control and disburse all moneys received by the
county, for noxious weed control, from any source.
7. Each county weed board shall provide technical assistance to any city that
has a
population of three thousand or more and which establishes its own noxious weed
control program under this chapter.
63-01.1-04.3. County weed board - Powers. A county weed board may:
1. Authorize the county weed control officer to cooperate with local law
enforcement
personnel in stopping and inspecting vehicles suspected of transporting noxious
weed-infested materials.
2. Expend funds from all available sources if a control authority determines
that the
extent of noxious weed infestation on certain land is so severe that eradication
would
place an extreme financial burden on the person otherwise liable for the
expense.
3. Employ additional personnel to assist with noxious weed control and
eradication
efforts.
63-01.1-04.4. County weed board - Development of county weed list. A county weed
board may develop and compile its own list of noxious weeds, provided the list
includes all weeds
determined to be noxious by the commissioner. The commissioner, after consulting
with the
county weed board and the North Dakota state university extension service, may
require that a
county weed board remove a noxious weed from its list.
63-01.1-05. Duties of county weed control officer. The county weed control
officer
shall:
1. Cooperate with all weed control authorities, county extension agents, land
users,
and others to further this chapter.
2. Become acquainted with the location of noxious weeds on all land within the
county.
3. Encourage noxious weed control or eradication by all landowners and land occupants within the county.
4. Investigate all complaints regarding noxious weeds received by any control
authority.
5. Take enforcement action when necessary.
6. Post or publish in official newspapers any notices the commissioner
determines
necessary to further noxious weed control or eradication under this chapter.
7. Prepare reports as requested by the commissioner.
8. Attend area or statewide meetings called by the commissioner to further
noxious
weed control or eradication under this chapter.
63-01.1-05.1. Certification of county and city weed control officers - Extension
service.
1. The commissioner, after consultation with the director of the agricultural
experiment
station and the director of the North Dakota state university extension service,
or
their designees, shall adopt rules governing certification categories for county
and
city weed control officers. Before assuming any duties, each county and city
weed
control officer must be certified under rules adopted by the commissioner.
2. The North Dakota state university extension service shall establish a program
to
provide educational instruction to county and city weed control officers.
63-01.1-06. Funding of county programs.
1. a. The board of county commissioners may pay expenses from the county
general fund to further the county noxious weed control program under this
chapter, including to provide noxious weed control or eradication along public
highways in the county.
b. The county weed board may certify annually to the board of county
commissioners a tax, not to exceed two mills on the taxable valuation of all
taxable property in the county, to carry out this chapter.
c. The board of county commissioners by majority vote may certify up to two
additional mills on the taxable valuation of all taxable property in the county,
except property within the corporate limits of a city that establishes a program
under this chapter.
d. The board of county commissioners shall levy the tax.
e. The county treasurer shall hold all taxes levied and collected in a separate
fund
known as the noxious weed control or eradication fund. Moneys in the fund
must be used to pay the salaries and expenses of the county weed board and
the county weed control officer, the expenses of noxious weed control or
eradication along public highways in the county, and any other expenses
incurred in the operation of a county noxious weed control or eradication
program. The tax may be levied in excess of the mill levy limit prescribed by
law for general purposes.
2. The commissioner shall allocate the county share of any legislative
appropriation for
noxious weed control or eradication to the county weed boards pursuant to a
formula
adopted by the commissioner, after consultation with county weed boards. A
county
weed board may not receive more than one-half of the board's actual cost-share
expenditures for noxious weed control or eradication from any legislative
appropriation, unless the commissioner in consultation with the county weed
board
determines a noxious weed is seriously endangering areas of a county or the
state.
3. To be eligible to receive landowner assistance cost-share dollars a county
must levy
at least three mills for noxious weed control or eradication. The request for
cost-share dollars must be initiated by a county weed board by submitting a
voucher
and documentation. Upon approval of the voucher and documentation by the
commissioner, the office of management and budget shall make the payment out of
funds appropriated for the control or eradication of noxious weeds.
4. If a program for the control or eradication of noxious weeds involves
landowner
participation, the landowner must contribute an amount equal to at least twenty
percent of the total cost.
63-01.1-07.1. City weed board members - Terms - Compensation.
1. If the governing body of a city elects to establish a noxious weed control
program for
the city, the governing body shall appoint a city weed board consisting of five
or
seven members. Members shall serve for a term of four years or until their
successors are appointed and qualified. The terms must be staggered so that no
more than two expire each year. Any qualified elector residing within the city
is
eligible to serve on the board.
2. A board member shall assume office at the first regular meeting of the city
weed
board following that member's appointment.
3. The governing body of the city shall remove a member of the city weed board
for
repeated unexcused failures to attend meetings, for refusal to act as a board
member, or for incapacity. If a vacancy occurs on a city weed board, the
governing
body of the city, at its next regular meeting, shall appoint an individual who
possesses the necessary qualifications to fill the unexpired term.
4. The city weed board shall elect from its members a chairman and a vice
chairman
and shall appoint a secretary and a treasurer. The secretary and treasurer need
not
be members of the city weed board.
5. The governing body of the city may set rates of compensation for city weed
board
members. City weed board members are entitled to reimbursement for actual and
necessary expenses and a mileage allowance at the rate established for city
employees.
63-01.1-07.2. City weed board - Duties.
1. Each city weed board shall designate a city weed control officer who shall
cooperate
with the board and be responsible for the operation and enforcement of this
chapter
within the city. The city weed control officer may be a member of the city weed
board. An individual may serve as a weed control officer for more than one weed
board. Employment is for a tenure and at rates of compensation and
reimbursement for travel expenses as the city weed board may prescribe and is
without regard to any provision of law relating to dual compensation. A city
weed
board shall certify the designation of a city weed control officer to the
commissioner.
2. Each city weed board shall cooperate with all other control authorities.
3. Each city weed board shall implement and pursue an effective program for the
control of noxious weeds.
4. Each city weed board shall fix the time and place of regular meetings. Each
board
shall meet at least once each year. All meetings are open to the public. Each
board
shall keep minutes of its meetings and a complete record of all official acts.
5. Each city weed board shall conduct at least one annual inspection to
determine the
progress of weed control activities within the city.
6. Each city weed board shall control and disburse all moneys received by the
city from
any source for noxious weed control.
63-01.1-07.3. City weed board - Powers. A city weed board may:
1. Authorize the city weed control officer to cooperate with local law
enforcement
personnel in stopping and inspecting vehicles suspected of transporting noxious
weed-infested materials.
2. Expend funds from all available sources if a control authority determines
that the
extent of noxious weed infestation on certain land is so severe that eradication
would
place an extreme financial burden on the person otherwise liable for the
expense.
3. Employ additional personnel to assist with noxious weed control and
eradication
efforts.
63-01.1-07.4. City weed board - Development of city weed list. A city weed board
may develop and compile its own list of noxious weeds, provided the list
includes all weeds
determined to be noxious by the commissioner. The commissioner, after consulting
with the city
weed board and the North Dakota state university extension service, may require
that a city weed
board remove a noxious weed from its list.
63-01.1-07.5. Duties of city weed control officer. The city weed control officer
shall:
1. Cooperate with all weed control authorities, county extension agents, land
users,
and others to further this chapter.
2. Become acquainted with the location of noxious weeds on all land within the
city.
3. Encourage noxious weed control or eradication by all landowners and land
occupants within the city.
4. Investigate all complaints received by any control authority regarding
noxious weeds
within the city.
5. Take enforcement action when necessary.
6. Post or publish in the official newspaper of the city any notices the
commissioner
deems necessary to further noxious weed control or eradication under this
chapter.
7. Prepare reports as requested by the commissioner.
8. Attend area or statewide meetings called by the commissioner to further
noxious
weed control or eradication under this chapter.
63-01.1-07.6. Funding of city programs.
1. a. The governing body of the city may pay expenses from the city general fund
to
further the city's noxious weed control program under this chapter, including to
provide noxious weed control along public highways in the city.
b. The city weed board may certify annually to the governing body of the city a
tax, not to exceed two mills on the taxable valuation of all taxable property in
the city, to further its noxious weed control program under this chapter.
c. The governing body of the city may by majority vote certify up to two
additional
mills on the taxable valuation of all taxable property in the city to further
its
noxious weed control program under this chapter.
d. The governing body of the city shall levy the tax.
e. The city treasurer shall hold all taxes levied and collected under this
section in a
separate fund known as the noxious weed control or eradication fund. Money
in the fund must be used to pay the salaries and expenses of the city weed
board and the city weed control officer, the expenses of noxious weed control
along public highways in the city, and any other expenses incurred in the
operation of a city noxious weed control program. The tax may be levied in
excess of the mill levy limit prescribed by law for general purposes.
2. The commissioner shall allocate any legislative appropriation for noxious
weed
control or eradication to the city weed boards, pursuant to a formula adopted by
the
commissioner, after consultation with city weed boards. A city weed board may
not
receive more than one-half of the city's actual cost-share expenditures for
noxious
weed control or eradication from any legislative appropriation, unless the
commissioner in consultation with the city weed board determines a noxious weed
is
seriously endangering areas of a city.
3. To be eligible to receive state cost-share dollars, a city must levy at least
three mills
for noxious weed control or eradication. The request for cost-share dollars must
be
initiated by a city weed board by submitting a voucher and documentation to the
commissioner. Upon approval of the voucher and documentation by the
commissioner, the office of management and budget shall make the payment out of
funds appropriated for the control or eradication of noxious weeds.
4. If a program for the control or eradication of noxious weeds involves
landowner
participation, the landowner must contribute an amount equal to at least twenty
percent of the total cost.
63-01.1-08. Entry upon land for noxious weed control or eradication purposes -
Notices - Landowner rights - Remedial requirements - Liens - Penalty.
1. Any control authority or its agent may enter upon land within its
jurisdiction to
perform duties and to exercise powers under this chapter, including the taking
of
specimens of weeds or other materials, without the consent of the landowner,
lessee, renter, tenant, or operator, and without being subject to any action for
trespass or damages, including damages for destruction of growing crops, if
reasonable care is exercised.
2. If any land within a city that has a noxious weed control or eradication
program is
found to be infested with noxious weeds by any control authority, the city weed
control officer may serve upon the landowner written notice either personally or
by
certified mail, requiring the landowner to control or eradicate the noxious
weeds
within the time period prescribed by the city weed control officer. The
landowner
may request additional time from the city weed board. The notice must state that
the landowner may be subject to the penalties provided in section 63-01.1-15 if
the
landowner fails to comply. The notice must specify minimal remedial
requirements.
A copy of the notice may be sent by certified mail to any tenant, lessee, or
operator
of the land. If the city weed board will control or eradicate the noxious weeds
upon
failure of the landowner to do so, the notice must include a statement of costs.
If the
landowner does not control or eradicate the noxious weeds within the time
specified,
the city weed control officer may cause the noxious weeds to be controlled or
eradicated and the expenses charged against the land of the landowner. These
expenses are part of the taxes to be levied against the land for the ensuing
year and
must be collected in the same manner as other real estate taxes. If the city
weed
board intends to control or eradicate the noxious weeds, the notice must include
a
statement informing the landowner that the landowner may request that the city
weed board not control or eradicate the noxious weeds. If the landowner requests
that the city weed board not control or eradicate the noxious weeds, the board
may
not control or eradicate the noxious weeds until control or eradication is
authorized
by a majority vote of the city governing body.
3. If any other land is found to be infested with noxious weeds by any control
authority,
the county weed control officer may serve upon the landowner written notice
either
personally or by certified mail, requiring the landowner to control or eradicate
the
noxious weeds within the time period prescribed by the county weed control
officer.
The landowner may request additional time from the county weed board. The notice
must state that the landowner may be subject to the penalties provided in
section
63-01.1-15 if the landowner fails to comply. The notice must specify minimal
remedial requirements. A copy of the notice may be sent by certified mail to any
tenant, lessee, or operator of the land. If the county weed board will control
or
eradicate the noxious weeds upon failure of the landowner to control or
eradicate the
noxious weeds, the notice must include a statement of costs. If the landowner
does
not control or eradicate the noxious weeds within the time specified, the county
weed control officer may cause the noxious weeds to be controlled or eradicated
and the expenses charged against the land of the landowner. These expenses are
part of the taxes to be levied against the land for the ensuing year and must be
collected in the same manner as other real estate taxes. If the county weed
board
intends to control or eradicate the noxious weeds, the notice must include a
statement informing the landowner that the landowner may request that the county
weed board not control or eradicate the noxious weeds. If the landowner requests
that the county weed board not control or eradicate the noxious weeds, the board
may not control or eradicate the noxious weeds until control or eradication is
authorized by a majority vote of the board.
63-01.1-09. County weed board to control or eradicate noxious weeds along
county and township roads and highways. The county weed board shall control or
eradicate
noxious weeds along county and township roads and highways and the expense
incurred for
noxious weed control or eradication must be paid from funds as provided in
section 63-01.1-06.
63-01.1-10.1. Control of noxious weeds within cities. The governing body of any
city
having a population of three thousand or more may act as a control authority and
may establish
and administer a program for the control or eradication of noxious weeds within
the jurisdictional
limits of the city. If a program is not established, the county weed board shall
administer a
program for the city.
63-01.1-12. Preventing dissemination of noxious weeds.
1. To prevent the dissemination of noxious weeds by machinery, trucks,
harvesting, or
other farm equipment, and to prevent the dissemination of noxious weeds during
transportation of plants, forage, screenings, dirt, and other articles, the
commissioner shall publish a list of the possible methods by which noxious weeds
or
their propagating parts can be disseminated.
2. All operators of tillage, seeding, and harvesting equipment shall clean their
equipment to prevent the spread of noxious weeds by seed or other propagating
parts prior to moving their equipment on public highways, airways, waterways, or
by
any other means of conveyance, public or otherwise. Trucks or trailers
transporting
grain screenings must be constructed and covered to prevent noxious weed seed
dissemination. Scattering and dumping on land or in water any material
containing
noxious weed seeds or propagating parts is prohibited unless the material has
been
processed or treated, or unless it is buried deeply enough to destroy the seeds
and
other propagating parts.
63-01.1-12.1. Quarantine period - Materials or farm products and area defined.
1. If a control authority determines that an area is infested with noxious weeds
and if
materials or farm products from that area are liable to spread noxious weeds
into
other areas to the injury of others, the commissioner shall declare a quarantine
against the area to prevent the transfer of materials or farm products from the
quarantined area. If noxious weeds are likely to be introduced into this state
by the
importation of materials or farm products, the commissioner shall declare a
quarantine against the importation of those materials or farm products.
2. The commissioner shall declare a quarantine when requested to do so through a
resolution adopted by a two-thirds majority of the weed board having
jurisdiction
over the area in which the quarantine is to be declared.
3. For the purposes of this section:
a. "Area" means a geographical section of land identified by the commissioner
and may include cities and counties or any portion of a city or county.
b. "Farm products" means crops, crop products, plants or portions of plants, but
does not include livestock.
c. "Materials" means gravel or other substances that can be transported over a
highway, street, or road.
63-01.1-12.2. Weed-free certification - Gravel and sand pits and hay land.
1. The commissioner, after consulting with the North Dakota state university
extension
service, may adopt rules for certifying that gravel, scoria, or sand surface
mining
operations and land producing hay for sale or for resale are not contaminated
with
weeds. The rules must identify the extent to which weeds are allowed with
certification.
2. The weed board, after consulting with the North Dakota state university
extension
service, may certify gravel, scoria, or sand surface mining operations and land
producing hay for sale or for resale as not contaminated with weeds.
3. The commissioner shall adopt a schedule of fees that weed boards and the
North
Dakota state university extension service may charge for inspecting, testing,
analyzing, and certifying gravel, scoria, or sand surface mining operations and
hay
land.
4. Certification of gravel, scoria, sand surface mining operations, or hay land
is not a
warranty of any kind as to the quality of the gravel, sand, or hay produced from
an
inspected and certified location. The only representation made is that land from
which sand and gravel is surface mined or land producing hay for sale or resale
has
been inspected for weed contamination under rules adopted by the commissioner.
63-01.1-13. Publicly owned land - Noxious weed control or eradication.
1. The commissioner shall attempt to arrange a noxious weed control or
eradication
program with all state and federal agencies owning, controlling, or having
jurisdiction
over land within the state.
2. Weed control officers shall attempt to arrange a noxious weed control or
eradication
program with political subdivisions owning or controlling public land within
each
weed control officer's jurisdiction.
3. Each state agency shall provide for the control or eradication of noxious
weeds on
any land within its jurisdiction. If a state agency fails to control or
eradicate noxious
weeds on land under its jurisdiction, the weed board for the county in which all
or a
portion of the land is located, upon approval of the commissioner, may enter
upon
the land to control or eradicate the noxious weeds. The state agency shall
reimburse the county weed board for expenses incurred in the control or
eradication
of the noxious weeds within thirty days after the agency receives the bill.
4. Each federal agency shall develop a management plan for controlling or
eradicating
noxious weeds on land under the agency's jurisdiction. If a federal agency does
not
control or eradicate the noxious weeds and does not develop a management plan
for controlling or eradicating the noxious weeds, the weed control office shall
notify
the agency as provided in section 63-01.1-08. The federal agency shall provide a
report to the control authorities detailing the methods used by the federal
agency
and showing cause why the federal agency is not controlling or eradicating the
noxious weeds. The commissioner may specify the forms on which the federal
agency report must be submitted.
5. Upon being notified by a weed board of the federal agency's failure to
control or
eradicate noxious weeds, the commissioner may hold a public hearing to determine
the reason for the failure.
63-01.1-14. Noxious weed control enforcement responsibilities of other agencies.
The state highway patrol, county sheriffs, and the truck regulatory division,
when requested to do
so by a weed control authority, shall cooperate with a weed control authority
and may enforce
subsection 2 of section 63-01.1-12 if machinery, commodities, or articles being
moved on state
and federal highways or on county or township roads are contributing to the
dissemination of
noxious weeds.
63-01.1-15. Penalties.
1. A custom or commercial operator of tillage, seeding, and harvesting equipment
who
violates subsection 2 of section 63-01.1-12 is guilty of a class B misdemeanor.
A
control authority may institute necessary criminal actions under this subsection.
2. Persons failing to comply with the rules and notice provisions of this
chapter are
subject to a civil penalty not to exceed eighty dollars per day for each day of
violation, subject to a maximum penalty of four thousand dollars per year. The
accumulated penalties under this section are a lien against the property of the
landowner from the day the notice is delivered to the landowner under section
63-01.1-08.
3. All penalties collected pursuant to this section must be deposited with the
treasurer
of the political subdivision and credited to the weed control and eradication
fund in
the political subdivision in which the penalty originated.
4. The penalty may be adjudicated by a court or by a county or a city weed board
after
a hearing.
5. An aggrieved landowner may appeal the imposition of a penalty by a county
weed
board to the board of county commissioners and may appeal the imposition of a
penalty by a city weed board to the governing body of the city.
63-01.1-18. Investigation by agriculture commissioner - Conflict of interest. If
an
individual who provided written notice of an alleged failure to eradicate or
control noxious weeds
believes that the matter has not been addressed satisfactorily by the weed board
within
twenty-one days from the date of the complaint, the individual may provide
written notification to
the local governing authority. If the individual who provided notice of an
alleged failure to
eradicate or control noxious weeds believes that the matter has not been
addressed satisfactorily
by the local governing authority within twenty-one days from the date of the
notice to the local
governing authority, the individual may provide written notification to the
agriculture
commissioner. Upon receiving such notification, the agriculture commissioner
shall investigate
the matter. If the commissioner determines that a weed board has not addressed
the matter
satisfactorily within the twenty-one day period, the commissioner may act to
enforce this chapter.
A weed board may request that the agriculture commissioner investigate any
complaint received
by the board if the board determines that its ability to enforce this chapter is
compromised
because of a conflict of interest.
63-01.1-19. County weed board - Pest control - Authorization.
1. The board of county commissioners, in consultation with the county weed
board,
may authorize the county weed board to control or eradicate pests on public
lands
within the county and to cooperate with landowners for the purpose of
controlling or
eradicating pests on private land within the county.
2. A county weed board that has been authorized to control or eradicate pests
under
this section may:
a. Expend funds made available from state or federal sources for pest control or
eradication purposes;
b. Direct the county weed control officer to encourage landowners and occupants
in the county to control or eradicate pests; and
c. Employ additional personnel to assist with pest control and eradication
efforts
under this section.
63-01.1-20. County weed control officer - Pest control or eradication. If a
county
weed board is authorized to control or eradicate pests under section 63-01.1-19,
the county weed
control officer shall:
1. Cooperate with all control authorities, county extension agents, landowners,
and
others to further pest control or eradication under this chapter.
2. Become acquainted with the location of pests on all land within the county.
3. Encourage pest control or eradication by all landowners and land occupants
within
the county.
4. Investigate all complaints regarding pests received by any control authority.
5. Post or publish in official newspapers any notices the commissioner
determines
necessary to further pest control or eradication under this chapter.
6. Prepare reports as requested by the commissioner.
7. Attend area or statewide meetings called by the commissioner to further pest
control
or eradication under this chapter.
63-01.1-21. County weed board - Pest control or eradication - Roads and
highways.
The county weed board shall control or eradicate pests along county and township
roads and
highways within the county and any expenses incurred in the control or
eradication must be paid
from funds as provided in section 63-01.1-06.
63-01.1-22. City weed board - Pest control - Authorization.
1. The governing body of a city, in consultation with the city weed board, may
authorize
the city weed board to control or eradicate pests on land within the corporate
boundaries of the city and to cooperate with landowners for the purpose of
controlling or eradicating pests on private land within the city.
2. A city weed board that has been authorized to control or eradicate pests
under this
section may:
a. Expend funds made available from state or federal sources for pest control or
eradication purposes;
b. Direct the city weed control officer to encourage landowners and occupants in
the city to control or eradicate pests; and
c. Employ additional personnel to assist with pest control and eradication
efforts
under this section.
63-01.1-23. City weed control officer - Pest control or eradication. If a city
weed
board is authorized to control or eradicate pests under section 63-01.1-22, the
city weed control
officer shall:
1. Cooperate with all control authorities, county extension agents, landowners,
and
others to further pest control or eradication under this chapter.
2. Become acquainted with the location of pests on all land within the city.
3. Encourage pest control or eradication by all landowners and land occupants
within
the city.
4. Investigate all complaints regarding pests received by any control authority.
5. Post or publish in the official newspaper of the city any notices the
commissioner
determines necessary to further pest control or eradication under this chapter.
6. Prepare reports as requested by the commissioner.
7. Attend area or statewide meetings called by the commissioner to further pest
control
or eradication under this chapter.
63-01.1-24. City weed board - Pest control or eradication - Roads and highways.
The city weed board shall control or eradicate pests along streets, roads, and
highways within the
city and any expenses incurred in the control or eradication must be paid from
funds as provided
in section 63-01.1-07.6.
63-01.1-25. Publicly owned land - Pest control or eradication.
1. The commissioner shall attempt to arrange a pest control or eradication
program
with all state and federal agencies owning, controlling, or having jurisdiction
over
land within the state.
2. Except as provided in subsection 3, a county weed control officer shall
attempt to
arrange a pest control or eradication program with all political subdivisions
owning or
controlling public land within the county weed control officer's jurisdiction.
3. If a city has a pest control or eradication program, the city weed control
officer shall
attempt to arrange a pest control or eradication program with all political
subdivisions
owning or controlling public land within the corporate limits of the city.
4. Each state agency shall provide for the control or eradication of pests on
any land
within the agency's jurisdiction. If a state agency fails to control or
eradicate pests
on land under its jurisdiction, the weed board having jurisdiction over the area
in
which all or a portion of the land is located, upon approval of the
commissioner, may
enter upon the land to control or eradicate the pests. The state agency shall
reimburse the weed board for expenses incurred in the control or eradication of
pests within thirty days after the agency receives the bill.
5. Each federal agency shall develop a management plan for controlling or
eradicating
pests on land within the agency's jurisdiction. If a federal agency does not
control or
eradicate pests and does not develop a management plan for controlling or
eradicating pests, the weed control officer shall notify the agency as provided
in
section 63-01.1-08. The federal agency shall provide a report to the control
authority
detailing the methods used by the federal agency and showing cause why the
federal agency is not controlling or eradicating the pests. The commissioner may
specify the forms on which the federal agency report must be submitted.
6. Upon being notified by a weed board of a federal agency's failure to control
or
eradicate pests, the commissioner may hold a public hearing to determine the
reason for the agency's failure.
For additional information about this page contact course author Dan Folske, NDSU Extension Service/Burke County