Amendment
May 1, 2000
001 Designation and Publication of Noxious Weeds.
002 Methods and Times to Control Noxious Weeds.
003 Control Authority Duties and Responsibilities.
004 Dissemination of Noxious Weeds Through Articles.
005 Procedure to Bring Weed Under or Remove from the County
Control Program.
006 Department Review of Continuing Education Pograms.
007 Administration.
008 Forms.
009 Publication Adopted.
010 Annotation.
001. Designation and Publication of Noxious Weeds. The following
weeds are hereby officially designated and published as noxious: Canada thistle - Cirsium
arvense (L.) Scop.; leafy spurge - Euphorbia esula L.; musk thistle - Carduus nutans L.;
plumeless thistle - Carduus acanthoides L.: knapweed (spotted and diffuse) - Centaurea
(maculosa Lam. and diffusa Lam.) and after January 1, 2001, Purple Loosestrife - Lythrum
salicaria L. and L.virgatum (including any cultivars and hybrids). Noxious weed shall mean the
plant, seed, or seedlings of such weeds.
002. Methods and Times to Control Noxious Weeds.
002.02. The following methods of controlling noxious weeds are hereby approved and
adopted by the director, so long as such methods are employed during the noxious weed control
period, are performed at such frequency to prevent the spread of noxious weeds, and have the
approval of or meet the control standards of the control authority.
002.02B. Crop management methods. Crop management weed control methods include
crop rotation and crop competition.
002.02C. Herbicide methods. The use of herbicides to control noxious weeds under the
guidelines set out in the publication known as EC 2000-130-D, "Herbicide Use In
Nebraska," published by the University of Nebraska, Cooperative Extension Service,
Institute of Agriculture and Natural Resources, a copy of which is attached and incorporated
herein by reference and is hereby adopted and promulgated and may be used. Herbicide usage in
a manner different from that set out in the aforementioned publication is approved under the
following conditions:
002.02C2. The method of applying the herbicide shall be in conformity with the
provisions of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended on the
effective date of these regulations, and the federal regulations duly adopted thereunder, and shall
be consistent with label directions; and
002.02C3. The rate of application of the herbicide shall not be in excess of that
specified on the label and shall not be at a rate less than that supported by the efficacy data filed
with the Environmental Protection Agency in conjunction with the registration of the herbicide.
002.03B. The potential adverse effect of the noxious weeds and the seeds thereof on
commodities to be removed from the land; and
002.03C. The degree of infestation of the noxious weeds. While any noxious weed
infestation whatsoever is unacceptable, excessive degrees of infestation necessitates the taking of
immediate and definite action. Such action shall be initiated in cases where the quantity of
noxious weeds present reasonably indicates that current control methods are not satisfactorily
controlling the spread of noxious weeds and that more effective control methods are necessary.
Consideration of this factor, as explained above, should not be construed to imply that less than
excessive infestations need not be controlled.
003. Control Authority Duties and Responsibilities.
003.01A2. A budget report. The report form shall be that prescribed by the Nebraska
State Auditor's office. A sample of such form is set forth in 25 NAC 10-008.02. A
control authority need only to file that portion of the budget report which relates to the county
weed control program. Such report shall, however, include as a minimum standard those
sections of the county annual fiscal report containing information of the current budgeted
revenue and expenditures as well as the previous year's revenues and expenditures.
003.01A3. Noxious weed control plan. Such report shall be in the form prescribed in
25 NAC 10-008.03 or as is amended by the director. Should the director amend the
noxious weed control plan, such plan will supercede 25 NAC 10-008.03 and be
distributed to the control authority by November 30 for use in the following year.
003.01A4. An infestation report. Such report shall be in the form prescribed in
25 NAC 10-008.04 and shall contain information relative to the amount and type of
land infested with noxious weeds, and such other information as the director may prescribe.
003.01A5. An activity report. Such report shall be in the form prescribed in
25 NAC 10-008.05 and shall contain information relative to the overall county
noxious weed control program.
003.01A6. Any other information deemed necessary by the control authority.
003.01C. Execute an inspection report in conjunction with the performance of any
inspection of land found to be infested with noxious weeds.
003.01C1B. The date of the inspection.
003.01C1C. The purpose of the inspection, whether it be annual, preliminary to the
issuance of an individual notice, or otherwise.
003.01C1D. If noxious weeds are present, the names thereof, or, if none are present, a
statement to that effect.
003.01C1E. The signature of the person conducting the inspection.
003.01C1F. The name of the landowner and, if applicable, the tenant, if known or
capable of being determined.
003.01C1G. Number of acres inspected.
003.01C1H. Number of acres infested.
003.01C1I. Degree of infestation using the severity guidelines adopted in 25 NAC
10-008.06.
003.01C1J. Current land use.
003.01C1K. Any other information deemed appropriate by the control authority.
003.01C3. The control authority shall maintain files of inspection reports for a period
of at least three (3) years following the date of inspection. Samples of acceptable inspection
forms are contained in 25 NAC 10-008.06.
003.01E. Cooperate with other control authorities in carrying out its duties and
responsibilities and in exercising its authority pursuant to the Noxious Weed Control Act and
regulations adopted and promulgated under such act.
003.01F. Prepare a report indicating the disposition of each individual notice issued by
the control authority. Such reports shall be in the form prescribed in
25 NAC 10-008.10 or contain the same information as is specified in this
prescribed form.
003.01G. Employ a county weed superintendent who is certified by the Federal
Environmental Protection Agency as a commercial applicator under the Federal Insecticide,
Fungicide, Rodenticide Act in at least the following categories:
003.01G2. Right-of-way pest control.
003.01I. Continually update all information filed with the Department as changes,
additions, or deletions are made.
004. Dissemination of Noxious Weeds Through Articles.
004.01B. Trucks;
004.01C. Grain and seed;
004.01D. Hay, straw, and other material of a similar nature;
004.01E. Nursery stock;
004.01F. Fence posts, fencing, or railroad ties;
004.01G. Sod;
004.01H. Manure;
004.01I. Soil;
004.01J. Any other articles determined by the director to have characteristics rendering
it capable of disseminating noxious weeds.
004.02A2. Remove all noxious weeds from shakers, sieves, and other places of
lodgement;
004.02A3. Run the machine empty for at least five (5) minutes, alternately increasing
and decreasing the speed;
004.02A4. Follow the manufacturer's detailed instructions for cleaning the machine;
and
004.02A5. Whenever possible, aforementioned treatments shall be performed while the
article is still on the land on which it became infested. If treatment cannot be performed at this
location, the location selected shall be such as to minimize the possible dissemination of noxious
weeds.
004.02B. Machinery and equipment other than that used for harvesting of crops
including, but not limited to, trucks, tractors, mowers, planters, and other articles, such as
railroad ties, fence posts and fencing, shall be treated by brushing, sweeping, forced air, forced
water, physical removal of noxious weeds or any other method deemed by the control authority
to be consistent with the intent and purpose of the Noxious Weed Control Act and this
regulation. With respect to the location where treatment is to be performed, the same guidelines
as set out in 004.02A5, above, shall apply.
004.02C. Grain and seed suspected to contain noxious weeds may be transported prior
to treatment if done in such a fashion as to prevent the dissemination of noxious weeds such as
in enclosed trucks, but shall not be sold or transferred to another person prior to treatment. Grain
and seed suspected to contain noxious weeds shall be treated by use of a seed cleaner which is
effective in removing the noxious weeds from the grain and seed. Screenings remaining
following treatment may not be used for feed, or for any other purpose which could result in the
dissemination of noxious weeds.
004.02D. Soil, sod, nursery stock, hay, straw, and other material of a similar nature are
articles for which no known acceptable method of treatment exists. Such articles may not be
moved from the location at which they initially become infested, but may be utilized at that
location for their commonly recognized purpose.
004.02E. Manure is an article for which no known acceptable method of treatment
exists. Manure may not be moved from the location at which it initially became infested, but
may be utilized at that location for its commonly recognized purposes.
004.02F. Should a method of treatment be developed for such articles listed in 004.01
through 004.01J, the control authority may allow its utilization if it is found by the director to be
consistent with the intent and purposes of the Noxious Weed Control Act and these regulations.
005. Procedure to Bring Weed Under or Remove from the County Control
Program.
005.01B. An affirmation by the control authority that the testimony and evidence
presented at a public hearing on the petition generally supported the control authority's belief
that special weed control problems exist within the county with respect to the petitioned weed.
005.01C. An affirmation by the control authority that the spread of the weed petitioned
for can be controlled through utilization of the resources of the control authority.
005.01D. A statement of agreement or specified disagreement by the weed control
superintendent of that county with respect to the affirmations of the control authority contained
in the petition.
005.02B. The director may remove a petitioned weed from the county control program
by notifying the control authority of such in writing. Such removal may only occur upon a
determination by the director that such weed is not being controlled by the county's weed control
program, or no longer poses a serious or special problem in the county. Such notice shall
provide the county an opportunity for a hearing before the director prior to the removal of the
weed from the county control program.
006. Department Review of Continuing Education Programs.
006.01B. Any continuing education program shall include the following:
006.01B2. Examinations which adequately test the participants' comprehension and
understanding of the educational material presented in the program.
006.01B3. Passing scores of at least 70 percent on the examinations; and
006.01B4. Adequate procedures for documenting the attendance records, examinations,
and examination scores.
006.01C2. Copies of the examinations actually given during the program.
006.01C3. A listing of weed superintendents who have received passing scores for the
program; and
006.01C4. Evidence that superintendents who did not fully attend the program and who
did not receive a passing score for the program were not credited by the association as having
completed the program.
007. Administration. These regulations shall be administered by the
Department of Agriculture's Bureau of Plant Industry, located in the State Office Building,
Fourth Floor, 301 Centennial Mall South, Lincoln, Nebraska. The mailing address is
P.O. Box 94756, Lincoln, Nebraska 68509-4756. The telephone number is
(402) 471-2394.
008. Forms.
008.02. State Budget Form.
008.03. Control Plan.
008.04. Infestation Report.
008.05. Activity Report.
008.06A. Inspection Report.
008.06B. Inspection Report.
008.07. General Notice.
008.08. Crop Inspection Report.
008.09. Article Inspection Form.
008.10. Individual Notice Disposition Report.
008.11. Petition to Designate a Weed Noxious in a County.
008.12. Petition to Remove Weed from County Control Program.
009. Publication Adopted. See Appendix A.
010. Annotation. Neb. Rev. Stat.
§§2-945.01 through 2-966. (Reissue 1997).
002.01. The noxious weed control period shall be when noxious weeds are actively
growing.
002.02A. Mechanical methods. Mechanical noxious weed control methods include
mowing, chopping, digging, shredding, and tillage.
002.03. Any determination made as to the failure of any person to control the spread of
noxious weeds on land owned or controlled by him or her including the issuance of individual
notices pursuant to Neb. Rev. Stat. §2-955, shall be guided by consideration of the
intent and purposes of the Noxious Weed Control Act and these regulations. These factors
include, but are not limited to, the following:
002.02C1. The herbicide used shall be one that is approved or registered by the United
States Environmental Protection Agency and the Nebraska Department of Agriculture for use on
the noxious weeds to be controlled;
002.02D. Biological methods. To be deemed acceptable, the use of livestock,
predators, pathogens, and parasites as a method of controlling noxious weeds shall be as
effective as the use of herbicides, as set forth in 002.02C and shall be approved by the control
authority.
002.03A. The potential for spread of the noxious weeds to other land;
003.01. To substantively carry out its duties and responsibilities under the Act and
these regulations, each control authority shall:
003.01A. Annually submit the following reports to the director on or before
January 31 of each year:
003.01A1. A weed program personnel information report. Such report shall be in the
form prescribed in 25 NAC 10-008.01.
003.01B. Annually inspect all lands within its jurisdiction in order to determine
whether the Noxious Weed Control Act and its regulations have been complied with. The
control authority shall document the annual inspection through the use of county road maps, plat
books, or other records that have been approved by the Nebraska Department of Agriculture. All
noxious weed infestations found during the annual inspection shall be additionally documented
with an inspection report containing the information specified in
25 NAC 10-003.01C1. When the control authority determines that the noxious
weeds have not been controlled, the control authority shall cause additional inspections to be
made at least once during the noxious weed control period specified in
25 NAC 10-002 above until such time as the noxious weeds on said land have been
controlled. Prior to the issuance of an individual notice, the control authority shall inspect such
lands.
003.01C1. The inspection report shall contain the following:
003.01D. Publish a general notice on or before May 1 and between
August 1 and October 1 of each year as provided in section 2-955 of the
Noxious Weed Control Act. Such general notice shall follow, as a minimum standard, the form
prescribed in 25 NAC 10-008.07. Published size of the general notice shall be at
least four inches by six inches or be at least 24 square inches in size. Copies of such
notices shall be made available to the director for inspection and review within fifteen (15) days
following the date of publication.
003.01C1A. The location of the land, including county, township, range, and section.
003.01C2. Whenever noxious weeds are found to be in growing crops, the control
authority may, in addition to the inspection report, issue a crop inspection report as prescribed in
25 NAC 10-008.08. The crop inspection report may be used to prevent the
movement or sale of growing crops when the harvest of such crops may result in hay, straw,
seed, or grain becoming contaminated with viable noxious weed seeds or other noxious weed
plant material capable of reproducing.
003.01G1. Agricultural pest control-plant, and
003.01H. Make available all books, papers, files, records, and reports pertaining to
noxious weeds to the director for inspection and review.
004.01. All noxious weeds as designated in 25 NAC 10-001 are hereby
found by the director to be noxious weeds which may be disseminated through articles. The
following articles are hereby designated and published by the director as capable of
disseminating noxious weeds:
004.01A. Machinery and equipment;
004.02. The director hereby prescribes the following treatment for articles capable of
disseminating noxious weeds, when such articles are suspected to have noxious weeds present:
004.02A. Machinery and equipment used in the harvesting of crops shall be treated as
follows:
004.03. The control authority shall make inspection services available to those who
request the inspection of articles capable of disseminating noxious weeds. When the control
authority is unable to provide requested inspection services, or when information is all that is
needed, the control authority shall make every effort to advise persons within the county as to
the proper treatment of articles capable of disseminating noxious weeds. A sample article
inspection form is set out in 25 NAC 10-008.09.
004.02A1. Remove all loose material from the top and sides of the machine and all
other places of lodgement by sweeping or the use of forced air or forced water;
005.01. Petition to bring weed under county program. Petitions filed with the director
under and by virtue of the provisions of sections 2-954(1)(a) of the Noxious Weed
Control Act shall be in the form prescribed in 25 NAC 10-008.11. Such petitions
shall, in addition to the requirements of the provisions of the Noxious Weed Control Act, contain
the following:
005.01A. An affirmation by the control authority that adequate resources, including
funds, personnel, and equipment are available to control the spread of the petitioned weed.
005.02. Removal of petitioned weed from county control program.
005.02A. The control authority may petition the director to remove a previously
petitioned weed from the county's control program by submitting a petition in the form
prescribed in 25 NAC 10-008.12.
006.01. The director shall review and approve all continuing education programs
sponsored by any statewide association of county weed control superintendents or statewide
associations of local governments responsible for weed control that the Noxious Weed Control
Act requires county weed control superintendents to complete.
006.01A. A description of any continuing education program shall be submitted by the
sponsoring association to the director at least three weeks prior to the first scheduled day of the
continuing education program.
006.01B1. A full attendance requirement with at least two roll calls for each eight
hours of education.
006.01C. Within three weeks after the last scheduled day of a continuing education
program, the sponsoring association shall provide the director documentation to show the
continuing education program was carried out according to the description the association
submitted to the director. Such documentation shall include:
006.01C1. Attendance records of all weed superintendents.
008.01. Personnel Report.