Montana Weed Control Association

State agencies are required to file weed management plans with their local county weed districts, while federal agencies are not required to file plans. Many of these agencies, however, do work closely with many weed districts in developing their plans. The first step may be to contact your local county weed district and you may also want to contact the agency personnel in charge of that property listed on this website. They can inform you of the correct channels to issue a complaint or address your concerns for the property in question.

By being aware of how weeds can be spread and take precautions to prevent further spread. It is also very beneficial for recreationists to be able to identify noxious weeds and report infestations to their local weed professionals.

The first step in defense of buying infested property is educating yourself on the types of noxious weeds that are present in the area (refer to question #4). Ethically, your realtor should inform you of the weed problem, if any, present on the property. There is a clause in most buy-sell agreements addressing this issue. If you have knowledge of the noxious weed infestations present on the property, you have the power to negotiate a better deal. Dealing with a severe noxious weed infestation can cause a drop in property value and take many years and large amounts of money to get under control. While looking over potential properties, it does not hurt to see the weed situation of surrounding properties as well.

While many counties in Montana are actively upholding the county weed act, several have decided they will not enforce this act due to time, financial, or staffing shortages. And even if you believe your county doesn’t pursue enforcement, you may not have the entire story. It is a common misperception that counties can enforce every problem that arises; when in fact, it is a financial burden for a county to enforce the county weed act. While this act is a law, there is no funding from the state to enforce the law for the counties. If a county does enforce the law, they have to budget for it. When a county completes an enforcement, it is at the expense of the taxpayers of the county. The county sprays the property and bills the landowner. If the landowner does not pay the bill, it eventually goes on his taxes, a process that can take up to two years and leaves the county with the expense until the taxes are paid. If your county does not enforce the weed act, and you file a complaint with them, they are in violation of the law by not acting on that complaint.

Congratulations for wanting to use revegetation as a tool to eradicate your invasives. Planting natives is an expensive and often unsuccessful process, but the results, if successful are worth the price. Native seed mix is often expensive and planting natives requires the extremely good graces of Mother Nature; they often won’t “take.” If you are interested in planting natives, please go to your local native plant society chapter and ask for professional advice. Be aware that many plants sold in wildflower seed mixes are not native and in fact, can contain noxious weeds such as oxeye daisy.

If invasives are allowed to spread, several ramifications can occur: good plant populations will eventually be crowded out and disappear; some noxious weeds are toxic to animals and to other plants (Knapweed is known to produce a toxin that is a natural herbicide, warding off good plants); erosion will set in and impact wildlife habitat and fisheries; your neighbors and/or county weed professional may put you in non-compliance; and your view shed will be greatly diminished.

Even if they haven’t spread, they are still considered a threat as they are listed on the state noxious weed list. Therefore under the county weed act, they should be removed. Salt cedar is one invasive still offered in nursery catalogs as an ornamental. This plant is extremely invasive and has knocked out habitat and fisheries along many rivers in eastern Montana. Salt Cedar can intake up to 200 gallons of water per plant per day and while many varieties are claimed to be sterile, science has not verified this fact. Many counties offer programs to replace your invasive ornamental, so check with your county official and see if this is an option for you.

The Department (of Agriculture) has the authority to designate noxious weeds under Administrative Rules 4.5.201 and have used the following procedure to designate noxious weeds:

Petitions to add a new weed to the statewide noxious weed list are received by the Montana Department of Agriculture (MDA) from individuals or organizations.

The petitions are reviewed first by a technical core committee using ecological, distribution, impact, and legal status criteria within the State of Montana and for the adjoining states and provinces, followed by a general economic and practicability assessment.

The core committee then makes a recommendation to the Montana Weed List Advisory Committee [comprised of individuals representing the western, central and eastern weed districts, the Montana Weed Control Association (MWCA), agriculture groups, federal agencies, Montana State University (MSU) extension service, University of Montana (U of M), MDA representative, state agencies, tribes and other interest groups who make a recommendation to the director of the Department of Agriculture.

If the director accepts the recommendations, the MDA proposes a rule change, holds public hearings if necessary, and the rules are adopted, published and distributed.

Some counties have kochia listed as a noxious weed on the county weed list but the state does not. The definition of a noxious weed is as follows:

“Noxious weeds” or “weeds” means any exotic plant species established or that may be introduced in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses or that may harm native plant communities and that is designated:
* as a statewide noxious weed by rule of the department; or
* as a district noxious weed by a board, following public notice of intent and a public hearing.
* A weed designated by rule of the department as a statewide noxious weed must be considered noxious in every district of the state.

There are some restrictions for grazing when using certain herbicides, the label will address this concern, so read the label or contact the county weed district or extension agent for help.