Montana Weed Control Association

(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.

Contact the county weed board chairman or the county commissioners to discuss your issues and concerns.

While native such as death camas and lupine can be extremely toxic to sheep, certain species of noxious weeds can be toxic to cattle and horses. While most of these toxic plants are not desirable forage for animals, if they are forced to eat them, they can result in problems. Plants toxic to horses include houndstounge and Yellow Starthistle. Plants toxic to cattle and horses include tall buttercup and Common Tansy (for sheep) St. Johnswort causes blistering on cattle, Tansy Ragwort for cattle.

Yes, there are several sources available to treat noxious weeds, but rarely to one landowner. If a weed management area is formed with several landowners, the chance of receiving grant funds increases. The MT Department of Ag’s Noxious Weed Trust Fund is one avenue to pursue grants, the deadline is usually the first of December and forms can be found online. The Center for Invasive Plant Management also offers grants. On a larger scale, the National Fish and Wildlife Foundation offers grants, and conservation districts also offer funds. You can check with your local office to inquire about possible funding. Currently NRCS is also providing grant funding through special iniative funds. Several other Montana organizations offer grants including PPL and Rocky Mountain Elk Foundation. Again, when a weed management area is formed and organized well, there are many avenues of funding available.

You can stop by your local county weed district office and inquire of producers or you can go to the MDA website producers list.

Contact the Montana Department of Agriculture, your County Weed District, or County Extension agent. An NWSFF agent will provide the producer with the annual application and set up a field inspection. All certification inspections must be done prior to cutting, not after it is windrowed or baled. Pellet and grain certification is done through a plant inspection by the Montana Department of Agriculture.
For baled products, the inspector/NWSFF agent should be contacted about 2 weeks before a producer anticipates he will cut. For hay, it must be harvested within 7 days of the inspection, straw has a 14 day window from field inspection to harvest. This is driven by the rapid seed set of some noxious weed species.

A field inspection entails an extensive ‘walk-through’ by the NWSFF agent. If the agent finds the field and the stack yard free of noxious weeds, the agent will complete the certification process, and make arrangements for appropriate NWSFF markers (twine, tags and transportation certificates). Occasionally, a portion of the field will be excluded from the certification process. Also, the agent can turn a field down for poor husbandry practices, excessive amounts of poison plants or other undesirable species even if no noxious weeds are present.

There is an inspection fee of $2.50 per acre, with a $25.00 minimum. It is best to discuss any potential problem areas with the agent before the field inspection (ex: “I flagged out about 3 acres in the NW corner that has a little Oxeye daisy in it.” ) that may need exclusion from the certification to reduce the cost of the inspection.

To obtain a private applicator license, you must contact your local county extension agent as they administer private applicator licensing. A private applicator license allows private landowners to purchase and apply restricted herbicides. You will need to purchase a private applicator training manual, and you are required to take an applicator test. The fee is $50.00 and your license is then good  for five years. Please link to this site for additional information http://agr.state.mt.us/licensing/privateappl.asp. There is also Initial Applicator Training offered each March from the Department of Agriculture and MSU. It is usually held in Lewistown, please check out this web lik for further information http://agr.state.mt.us/licensing/initialtraining.asp

You need to contact the Montana Department of Agriculture at 406 – 444 – 2944 or go to http://agr.state.mt.us/licensing/commercialapp.asp for additional information. There are training manuals you need to purchase and study and then take the commercial applicator test. There are financial and insurance requirements that need to be met. Please inquire about these requirements when contacting the Department.

After you obtain a private applicator licnese, you can spray a neighbor’s property, but it MUST adjoin your property and YOU MUST get permission to spray their property first. You can not be paid for the spraying and you CAN NOT apply restricted use products on a neighbor’s property; only GENERAL USE produces can be used.