MWCA Recommendations for EQC Committee on May 12
MWCA representatives met with the Legislative Environmental Quality Council Committee on May 12, in Helena, Montana. MWCA Executive Director, Becky Kington reviewed the following recommendations for the committee. These recommendations were pulled together by the MWCA Working Group for SJ42 (An interim legislative committee audit for noxious weed laws.):
- Regulatory and Enforcement
- Historically, civil penalties (fines) were allowed by county weed districts as part of 7-22-2123 which was Repealed in 2013. To our knowledge, the civil penalties were repealed for concerns regarding due process and inconsistent civil penalties across counties.
- If fines are to be allowed, parameters need to be established legislatively.
- Non-compliance treatment costs and fines are assessed to the property owner’s tax bill as a special levy on the property.
- Historically, civil penalties (fines) were allowed by county weed districts as part of 7-22-2123 which was Repealed in 2013. To our knowledge, the civil penalties were repealed for concerns regarding due process and inconsistent civil penalties across counties.
- County Weed Act
- Noxious Weed Management and Revegetation Plans should be required on activities within a county such as those outlined in 7-22-2152 (1) this should also include solar farms, wind farms, tall towers, and gravel pits. Currently, a 15-day notice is required prior to the activity. It is our recommendation that instead of a 15-day notice prior to activity (as listed in 7-22-2152 (1)), a Noxious Weed Management and Revegetation Plan shall be part of the permitting process and needed prior to permit approval. Items to be addressed in a Noxious Weed Management and Revegetation Plan includes prevention, mitigation of existing noxious weeds, and continued treatment during and post construction.
- Increasing the 15-day notice would not fix the deficiency. Requiring formal noxious weed management and revegetation plans are needed to be in place prior to activities.
- Not all weed boards meet monthly. Clarification is needed on notice to the board. Is that when notice has been received by weed district staff, or scheduled weed board meetings?
- Noxious Weed Management and Revegetation Plans shall have a requirement for signature approval by the weed board or their designated representative prior to state or local permit approval. This shall apply to all activities listed in 7-22-2152 (1).
- Funding and Resources
- We are in full support of augmenting the Noxious Weed Trust Fund with additional dollars, but do NOT support the replacement of the Noxious Weed Trust Fund.
- We also fully support the current make-up and representation of the Montana Noxious Weed Management Advisory Council.
- Programs that our membership have identified as having a need for “hard dollars” include the Montana Natural Heritage Program, Montana EDRR programs, state “kNOweeds” Noxious Weed Education and Awareness Program, Montana Biocontrol Coordination Project, and University research and development.
- We are in full support of augmenting the Noxious Weed Trust Fund with additional dollars, but do NOT support the replacement of the Noxious Weed Trust Fund.
- Noxious Weed Management and Revegetation Plans should be required on activities within a county such as those outlined in 7-22-2152 (1) this should also include solar farms, wind farms, tall towers, and gravel pits. Currently, a 15-day notice is required prior to the activity. It is our recommendation that instead of a 15-day notice prior to activity (as listed in 7-22-2152 (1)), a Noxious Weed Management and Revegetation Plan shall be part of the permitting process and needed prior to permit approval. Items to be addressed in a Noxious Weed Management and Revegetation Plan includes prevention, mitigation of existing noxious weeds, and continued treatment during and post construction.
Other Recommendations
- 77-1-127 (2) DNRC has the authority to assess a penalty not exceeding 50% of the total cost. 7-22-2134 (4) (b) allows the weed board to apply a 25% penalty. Penalties should be consistent across jurisdictions.
- It is our understanding that Embargo 7-22-2126 only applies to forage as defined in the Noxious Weed Seed Free Forage Act 80-7-903. However, noxious weed contaminated forage is being sold and moved within counties and across county borders outside of the Noxious Weed Seed Forage Act.
- County weed districts need the authority to embargo any noxious weed contaminated forage and materials moving within its jurisdiction.
- An embargo should also apply to noxious weed contaminated aggregates.
These recommendations were met with many questions from the committee and they were in no way intended to be “final” recommendations from MWCA. The Committee suggested that their staffer, Jason Mohr, work with a small group from MWCA to address the following key issues:
- What dollar amount would we proposed to implement for fines related to non-compliance
- Specific dollar amounts for funding (EDRR, Education, Natural Heritage, Biocontrol, Research) – We have done some work on numbers, but they would like more specific information and potential funding sources
- Specific language about embargos
- Specific changes to laws about requiring a weed plans (subdivision, gravel pits, etc.)
MWCA Members Jasmine Chaffee, Amber Burch, Dave Burch, Pam Converse and Amy Adler and MWCA ED Becky Kington will be the small group working with Mr. Mohr. It has been strongly suggested that the final recommendations for weed law from this group be made by July 2026. If you have any comments or concerns or questions, please don’t hesitate to contact any one of the members in this small group.
