Revised
October, 2004
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 2004 session of the Legislature.
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;
exofficio 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.
2-965.01 Advisory committee; membership.
2-966 Certain noxious weed control districts;
dissolution; title to real estate.
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?
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. &nbps; 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.
2-954.02. 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.
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
Other appropriate control methods are acceptable if approved by the county weed
control superintendent. If, within fifteen days from the date specified at the bottom of this
notice, the noxious weed infestation on such property, as specified above, has not been
brought under control, you may, upon conviction, be subject to a fine of $100.00 per day for
each day of noncompliance beginning on . . . . . . . . . . . . . . , up to a maximum of fifteen
days of noncompliance (maximum $1,500).
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 money appropriated to
the fund by the Legislature and any money 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;
section, how construed.
(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.
(4) 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.
2-965.01. 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.
2-945.01. Act, how cited. Sections 2-945.01 to
2-966 shall be
known and may be cited as the Noxious Weed Control Act.
(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;
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?
Yes . . . . No . . . .
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.
Yes . . . . No . . . .
(1)
(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 Superintendent Dated;
. . . . . . . . . . . . . .
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. The director shall
receive applications by local control authorities and weed management entities for
assistance under this section and, in consultation with the advisory committee created under
section 2-965.01, award grants for any of the following eligible purposes:
(a) To conduct applied research to solve locally significant weed management problems;
(2) The director shall select and prioritize applications for assistance under 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;
(3) 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.
(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.