Montana Weed Control Association

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.

(from the county weed act) 7-22-2153. Voluntary agreements for control of noxious weeds along roads — liability of landowner who objects to weed district control measures — penalties.

(1) Any person may voluntarily seek to enter into an agreement for the management of noxious weeds along a state or county highway or road bordering or running through the person’s land. The coordinator may draft a voluntary agreement upon the request of and in cooperation with the person. However, the agreement must, in the board’s judgment, provide for effective weed management. The weed management agreement must be signed by the person and, upon approval of the board, by the presiding officer. An agreement involving a state highway right-of-way must also be signed by a representative of the department of transportation.

(2) The agreement must contain a statement disclaiming any liability of the board and, if applicable, the department of transportation for any injuries or losses suffered by the person in managing noxious weeds on the state or county highway right-of-way. The signed agreement transfers responsibility for managing noxious weeds on the specified section of right-of-way from the board to the person signing the agreement. If the board later finds that the person has failed to adhere to the agreement, the board shall issue an order informing the person that the agreement will be void and that responsibility for the management of noxious weeds on the right-of-way will revert to the board unless the person complies with the provisions of the agreement within a specified time period.

(3) (a) If a person objects to weed control measures bordering a state or county highway right-of-way and does not enter a voluntary agreement pursuant to subsections (1) and (2) and if the board finds that the person has failed to provide alternative weed control, the board shall issue an order informing the person that the management of noxious weeds on the right-of-way will be undertaken by the board unless the person provides alternative weed control within 30 days. (b) A person who does not provide alternative weed control within the time specified in subsection (3)(a) is guilty of a misdemeanor and, upon conviction, shall be sentenced pursuant to 46-18-212 and assessed the costs of weed control provided by the board. A second or subsequent conviction is punishable by a fine of not less than $500 or more than $2,000, plus the costs of weed control provided by the board.