CHAPTER 4.1-47NOXIOUS WEED CONTROL4.1-47-01. Definitions. As used in this chapter:1."Board member area" means a geographical area within the county from which a<br>member of the weed board is appointed.2."City weed control officer" means an individual designated by a city weed board to<br>be responsible for the operation and enforcement of this chapter within the city.3."Commissioner" means the agriculture commissioner or the commissioner's<br>designee.4."Control" means to prevent a noxious weed from spreading by:a.Suppressing its seeds or propagating parts; orb.Destroying either the entire plant or its propagating parts.5."County weed control officer" means an individual designated by the county weed<br>board to be responsible for the operation and enforcement of this chapter within<br>each county.6."Noxious weed" means a plant propagated by either seed or vegetative parts and<br>determined to be injurious to public health, crops, livestock, land, or other property<br>by:a.The commissioner in accordance with section 4.1-47-05;b.A county weed board in accordance with section 4.1-47-10; orc.A city weed board in accordance with section 4.1-47-21.7."Township road" means an improved public road that is:a.Located outside of an incorporated city;b.Not designated as part of a county, state, or federal-aid road system; andc.Constructed, maintained, graded, and drained by the township, or by the county<br>if the township is unorganized.4.1-47-02. Control of noxious weeds - Responsibility. Each person shall do all thingsnecessary and proper to control the spread of noxious weeds.4.1-47-03.Noxious weed control - Agriculture commissioner - Powers.Thecommissioner may enter upon any land in the state to perform duties and to exercise powers<br>under this chapter, including taking specimens of weeds or other materials, without the consent<br>of the landowner or other person responsible for the land and without being subject to any action<br>for trespass or damages, provided reasonable care is exercised.4.1-47-04.Noxious weed control - Agriculture commissioner - Duties.Thecommissioner shall:1.Maintain a state noxious weed list;Page No. 12.Direct the removal of a noxious weed from a county or city noxious weed list if the<br>commissioner, after consultation with the respective weed board and the North<br>Dakota state university extension service, determines there is insufficient justification<br>for the continued inclusion of that particular noxious weed;3.Except as otherwise provided, forward all signed complaints to the proper weed<br>control authority; and4.Call an annual meeting of all weed control officers to review noxious weed control<br>efforts in this state.4.1-47-05. State noxious weed list - Compilation.1.Before the commissioner may add a weed to or remove a weed from the state<br>noxious weed list, the commissioner shall consult with the North Dakota state<br>university extension service.2.Before January 1, 2010, and at least every five years thereafter, the commissioner<br>shall review the state noxious weed list.The commissioner shall provide eachcounty and city weed board with at least fourteen days' notice of the time and place<br>at which the list will be reviewed and, no later than fourteen days after conclusion of<br>the review, shall provide each county and city weed board with written notice of any<br>changes to the state noxious weed list.4.1-47-06. County weed board - Members - Terms - Compensation.1.Each board of county commissioners shall:a.Establish contiguous county weed board member areas; orb.Determine that county weed board members must be appointed at large.2.The board of county commissioners shall appoint a county weed board consisting of<br>three, five, or seven members. Members shall serve for a term of four years or until<br>their successors are appointed and qualified. The terms must be staggered so that<br>no more than two expire each year.3.If the board of county commissioners has established county weed board member<br>areas as provided for in subsection 1, any qualified elector residing in the county<br>weed board member area is eligible to represent that area on the board. If the board<br>of county commissioners has determined that county weed board members must be<br>appointed at large as provided for in subsection 1, any qualified elector residing in<br>the county is eligible to serve on the county weed board.4.A board member shall assume office at the first regular meeting of the county weed<br>board following that member's appointment.5.The board of county commissioners shall remove a member of the county weed<br>board for repeated unexcused failures to attend meetings, for refusal to act as a<br>board member, or for incapacity. If a vacancy occurs on a county weed board, the<br>board of county commissioners, at its next regular meeting, shall appoint an<br>individual who possesses the necessary qualifications to fill the unexpired term.6.a.The county weed board shall elect a chairman and a vice chairman from<br>among its members.b.The county weed board shall appoint a secretary and a treasurer.Thesecretary and treasurer need not be members of the board.Page No. 27.The board of county commissioners shall establish the rate of compensation for<br>county weed board members.4.1-47-07. County weed board - Jurisdiction. The jurisdiction of a county weed boardextends to all land within the county but does not include any land within the corporate limits of a<br>city if that city has its own noxious weed control program under this chapter.4.1-47-08. County weed board - Powers. A county weed board may:1.Expend funds from all available sources if it determines that the extent of noxious<br>weed infestation on certain land is so severe that control efforts would place an<br>extreme financial burden on the landowner.2.Employ and compensate additional personnel to assist with noxious weed control<br>efforts.4.1-47-09. County weed board - Duties. Each county weed board shall:1.Implement a program for the control of noxious weeds;2.Provide for the control of noxious weeds along county and township roads and along<br>county highways;3.Establish the time and place of regular board meetings;4.Meet at least once each year;5.Keep minutes of its board meetings and a complete record of all official acts;6.Control and disburse all moneys received by the county from any source for noxious<br>weed control;7.a.Provide for the compensation of its members and its secretary and treasurer;b.Reimburse its members and its secretary and treasurer for actual and<br>necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees; and8.a.Employ and provide for the compensation of a weed control officer;b.Reimburse the weed control officer for actual and necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees.4.1-47-10. County weed board - Development of county weed list.1.A county weed board may designate as noxious certain weeds that are not on the<br>state noxious weed list, provided the county weed board consults with the North<br>Dakota state university extension service and that the designation is approved by the<br>commissioner.2.Before January 1, 2010, and at least every five years thereafter, each county weed<br>board shall review its noxious weed list and, by majority vote, may remove any weed<br>from its list. The county weed board shall provide the commissioner with at least<br>fourteen days' notice of the time and place at which its list will be reviewed and, noPage No. 3later than fourteen days after conclusion of the review, shall provide the<br>commissioner with written notice of any changes to the county list.3.A county weed board shall immediately remove any noxious weed from its list when<br>directed to do so by the commissioner in accordance with section 4.1-47-04.4.1-47-11.County weed control officer - Membership on county weed board -Employment.1.A county weed control officer may serve as a member of the weed control board by<br>which the officer is employed if the officer is otherwise qualified to do so.2.An individual may be employed as a weed control officer by several weed boards<br>simultaneously.4.1-47-12. County weed control officer - Powers. A county weed control officer mayenter upon any land within the jurisdiction of the officer to perform duties and to exercise powers<br>under sections 4.1-47-01 through 4.1-47-30, including taking specimens of weeds or other<br>materials, without the consent of the landowner or other person responsible for the land and<br>without being subject to any action for trespass or damages, provided reasonable care is<br>exercised.4.1-47-13. County weed control officer - Duties. The county weed control officer shall:1.Cooperate with the board and be responsible for the operation and enforcement of<br>this chapter within the county;2.Become acquainted with the location of noxious weeds within the county;3.Meet the pesticide certification requirements set forth in chapter 4-35;4.Encourage noxious weed control by all landowners and land occupants within the<br>county;5.Investigate all signed complaints received by the officer regarding noxious weeds;6.Post or publish in the official newspaper of the county any notices the commissioner<br>deems necessary to further noxious weed control under this chapter;7.Prepare reports as requested by the commissioner; and8.Attend meetings called by the commissioner to further noxious weed control under<br>this chapter.4.1-47-14. County noxious weed control program - Payment of expenses - Mill levyauthorization.1.The board of county commissioners may pay the expenses of a county noxious<br>weed control program authorized under this chapter from the county general fund,<br>the noxious weed control fund, or both.2.a.The county weed board may annually certify to the board of county<br>commissioners a tax, not to exceed two mills on the taxable valuation of all<br>property in the county, other than that which lies within the boundaries of a city<br>having a noxious weed control program under this chapter.b.In addition to the levy authorized in subdivision a, the board of county<br>commissioners may levy an amount not to exceed two mills per dollar on the<br>taxable valuation of all property in the county, other than that which lies withinPage No. 4the boundaries of a city having a noxious weed control program under this<br>chapter.c.The board of county commissioners shall levy the taxes authorized by this<br>subsection and shall place those moneys in a separate fund designated as the<br>noxious weed control fund, which is used to pay the expenses of a county<br>noxious weed control program.d.The tax may be levied in excess of the mill levy limit prescribed by law for<br>general purposes.3.For purposes of this section, the expenses of a county noxious weed control<br>program include compensation for and the reimbursement of expenses incurred by<br>the county weed board, the county weed control officer, and other employees of the<br>board, and expenses incurred in the provision of noxious weed control, as<br>authorized by this chapter.4.1-47-15.State appropriations for noxious weed control - Distribution -Determination.1.The commissioner shall consult with the county and city weed boards and develop a<br>method for the distribution to county and city weed boards of all moneys<br>appropriated by the state for noxious weed control, other than the landowner<br>assistance grants provided for in section 4.1-47-16.2.The method must:a.Limit the amount that any county or city weed board is entitled to receive under<br>this section to seventy-five percent of the board's actual expenditures under this<br>section; andb.Allow the commissioner to waive the limit provided for in this subsection if the<br>commissioner determines that a noxious weed is seriously endangering areas<br>of a county, a city, or the state.4.1-47-16. State appropriations for noxious weed control - Landowner assistanceprogram.1.The commissioner shall consult with representatives of county and city weed boards<br>and develop a formula for the distribution to eligible county weed boards and eligible<br>city weed boards of all moneys appropriated by the state for the landowner<br>assistance program.2.a.The formula must require that county officials budget, from county sources, an<br>amount equal to the revenue that could be raised by a levy of at least three<br>mills for noxious weed control; provided, however, that this amount does not<br>apply to property that lies within the boundaries of a city having a noxious weed<br>control program under this chapter.b.The formula must require that city officials budget, from city sources, an<br>amount equal to the revenue that could be raised by a levy of at least three<br>mills for noxious weed control.3.The formula must require that the landowner contribute an amount equal to at least<br>twenty percent of the cost to be expended on behalf of the landowner. The formula<br>may include payment-in-kind criteria by which the landowner's contribution may be<br>realized.Page No. 54.1-47-17. Control of noxious weeds within cities. The governing body of any cityhaving a population of three thousand or more may establish a program for the control of noxious<br>weeds within the jurisdictional limits of the city. If a program is not established, the county weed<br>board shall administer a program for the city.4.1-47-18. City weed board members - Terms - Compensation.1.If the governing body of a city elects to establish a noxious weed control program, as<br>authorized by section 4.1-47-17, the governing body shall appoint a weed board<br>consisting of three, five, or seven members.2.The term of office for a board member is four years or until a successor is appointed<br>and qualified. The terms must be staggered so that no more than two expire each<br>year.3.Any qualified elector residing within the city is eligible to serve on the board.4.A board member shall assume office at the first regular meeting of the city weed<br>board following the member's appointment.5.The governing body of the city shall remove a member of the city weed board for<br>repeated unexcused failures to attend meetings, for refusal to act as a board<br>member, or for incapacity. If a vacancy occurs on a city weed board, the governing<br>body of the city, at its next regular meeting, shall appoint an individual who<br>possesses the necessary qualifications to fill the unexpired term.6.The city weed board shall elect a chairman and a vice chairman from among its<br>members.7.The city weed board shall appoint a secretary and a treasurer. The secretary and<br>treasurer need not be members of the board.8.The governing body of the city shall establish the rate of compensation for city weed<br>board members.4.1-47-19. City weed board - Powers. A city weed board may:1.Expend funds from all available sources if it determines that the extent of noxious<br>weed infestation on certain land is so severe that undertaking control efforts would<br>place an extreme financial burden on the landowner.2.Employ and compensate additional personnel to assist with noxious weed control<br>efforts.4.1-47-20. City weed board - Duties. Each city weed board shall:1.Implement a program for the control of noxious weeds;2.Establish the time and place of regular board meetings;3.Meet at least once each year;4.Keep minutes of its meetings and a complete record of all official acts;5.Control and disburse all moneys received by the city from any source for noxious<br>weed control;6.a.Provide for the compensation of its members and its secretary and treasurer;Page No. 6b.Reimburse its members and its secretary and treasurer for actual and<br>necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees; and7.a.Employ and provide for the compensation of a weed control officer;b.Reimburse the weed control officer for actual and necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees.4.1-47-21. City weed board - Development of city weed list - Review - Removal.1.A city weed board may designate as noxious certain weeds that are not on the state<br>or county noxious weed list, provided the city weed board first consults with the<br>North Dakota state university extension service and that the designation is approved<br>by the commissioner.2.Before January 1, 2010, and at least every five years thereafter, each city weed<br>board shall review its noxious weed list and, by majority vote, may remove any weed<br>from its list.The city weed board shall provide the commissioner with at leastfourteen days' notice of the time and place at which its list will be reviewed and,<br>within fourteen days of the review, shall provide the commissioner with written notice<br>of any changes to the city list.3.A city weed board immediately shall remove any noxious weed from the board's list<br>when directed to do so by the commissioner in accordance with section 4.1-47-04.4.1-47-22.City weed control officer - Membership on city weed board -Employment.1.A city weed control officer may serve as a member of the weed control board by<br>which the officer is employed if the officer is otherwise qualified to do so.2.An individual may be employed as a weed control officer by several weed boards<br>simultaneously.4.1-47-23. City weed control officer - Powers. A city weed control officer may enterupon any land within the jurisdiction of the officer to perform duties and to exercise powers under<br>this chapter, including taking specimens of weeds or other materials, without the consent of the<br>landowner or other person responsible for the land and without being subject to any action for<br>trespass or damages, provided reasonable care is exercised.4.1-47-24. City weed control officer - Duties. The city weed control officer shall:1.Cooperate with the board and be responsible for the operation and enforcement of<br>this chapter within the city;2.Become acquainted with the location of noxious weeds within the city;3.Meet the pesticide certification requirements set forth in chapter 4-35;4.Encourage noxious weed control by all landowners and land occupants within the<br>city;5.Investigate all signed complaints received by the officer regarding noxious weeds<br>within the city;Page No. 76.Post or publish in the official newspaper of the city any notices the commissioner<br>deems necessary to further noxious weed control under this chapter;7.Prepare reports as requested by the commissioner; and8.Attend meetings called by the commissioner to further noxious weed control under<br>this chapter.4.1-47-25. City noxious weed control program - Payment of expenses - Mill levyauthorization.1.The governing body of a city may pay the expenses of a city noxious weed control<br>program authorized under this chapter from the city general fund, the noxious weed<br>control fund, or both.2.a.The city weed board may annually certify to the governing body of a city a tax,<br>not to exceed two mills on the taxable valuation of all property in the city.b.In addition to the levy authorized in subdivision a, the governing body of a city<br>may levy an amount not to exceed two mills per dollar on the taxable valuation<br>of all property in the city.c.The governing body of a city shall levy the taxes authorized by this subsection<br>and shall place those moneys in a separate fund designated as the noxious<br>weed control fund, which is used to pay the expenses of a city noxious weed<br>control program.d.The tax may be levied in excess of the mill levy limit prescribed by law for<br>general purposes.3.For purposes of this section, the expenses of a city noxious weed control program<br>include compensation for and the reimbursement of expenses incurred by the city<br>weed board, the city weed control officer, and other employees of the board, and<br>expenses incurred in the provision of noxious weed control, as authorized by this<br>chapter.4.1-47-26. Publicly owned land - Noxious weed control. Each state agency shallprovide for the control of noxious weeds on land within its jurisdiction. If a state agency fails to<br>control noxious weeds on land under its jurisdiction, the county weed board, upon approval of the<br>commissioner, may enter upon the land to control the noxious weeds. The state agency shall<br>reimburse the county weed board for expenses incurred in controlling the noxious weeds, within<br>thirty days after the agency receives the bill.4.1-47-27. Noxious weed control - Enforcement responsibilities of other agencies.Law enforcement agents shall cooperate with the commissioner, a weed control board, and a<br>weed control officer for the purpose of enforcing this chapter.4.1-47-28.Entry upon land for noxious weed control purposes - Notices -Landowner rights - Remedial requirements - Liens.1.a.If a county weed officer determines that any land other than that referenced in<br>subsection 2 contains noxious weeds, the county weed control officer may<br>serve upon the landowner written notice, either personally or by certified mail,<br>requiring the landowner to control the noxious weeds within the time period<br>prescribed by the county weed control officer.b.The notice must:(1)Specify the minimal remedial requirements;Page No. 8(2)Specify the time within which the landowner must meet the minimum<br>remedial requirements;(3)Specify that the landowner may be subject to penalties provided under<br>this chapter if the landowner fails to comply with the remedial<br>requirements;(4)Include a statement of costs if the landowner fails to control the noxious<br>weeds and the county weed officer must provide for control of the weeds;<br>and(5)Provide that the landowner may stay any efforts by the county weed<br>officer to control noxious weeds on the land by requesting in writing that<br>the county weed board hold a hearing on the matter.c.The county weed officer shall deliver a copy of the notice personally or forward<br>a copy of the notice by certified mail to any tenant, lessee, or operator of the<br>land on which the noxious weeds are located.d.If the landowner does not meet the minimum remedial requirements within the<br>time specified in the notice and does not request a hearing on the matter by the<br>county weed board, the county weed control officer may cause the noxious<br>weeds to be controlled and the expenses charged against the land of the<br>landowner. These expenses are part of the taxes to be levied against the land<br>for the ensuing year and must be collected in the same manner as other real<br>estate taxes.e.If after holding a hearing on the matter, the county weed board directs that the<br>noxious weeds be controlled by the county weed officer, the landowner may<br>appeal the decision to the board of county commissioners. A decision by the<br>board of county commissioners is final.f.If the landowner does not appeal the decision to the board of county<br>commissioners, or if the board of county commissioners upholds the decision of<br>the county weed board, the county weed control officer may cause the noxious<br>weeds to be controlled and any expenses incurred by the county weed officer in<br>controlling the weeds must be charged against the land of the landowner.<br>These expenses are part of the taxes to be levied against the land for the<br>ensuing year and must be collected in the same manner as other real estate<br>taxes.2.a.If a city weed control officer determines that land within the officer's jurisdiction<br>contains noxious weeds, the officer may serve upon the landowner written<br>notice either personally or by certified mail, requiring the landowner to control<br>the noxious weeds within the time period prescribed by the city weed control<br>officer.b.The notice must:(1)Specify the minimal remedial requirements;(2)Specify the time within which the landowner must meet the minimum<br>remedial requirements;(3)Specify that the landowner may be subject to penalties provided under<br>this chapter if the landowner fails to comply with the remedial<br>requirement;Page No. 9(4)Include a statement of costs if the landowner fails to control the noxious<br>weeds and the city weed officer must provide for control of the weeds;<br>and(5)Provide that the landowner may stay any efforts by the city weed officer<br>to control noxious weeds on the land, by requesting in writing that the city<br>weed board hold a hearing on the matter.c.The city weed officer shall deliver a copy of the notice personally or forward a<br>copy of the notice by certified mail to any tenant, lessee, or operator of the land<br>on which the noxious weeds are located.d.If the landowner does not meet the minimum remedial requirements within the<br>time specified in the notice and does not request a hearing on the matter by the<br>city weed board, the city weed control officer may cause the noxious weeds to<br>be controlled and the expenses charged against the land of the landowner.<br>These expenses are part of the taxes to be levied against the land for the<br>ensuing year and must be collected in the same manner as other real estate<br>taxes.e.If after holding a hearing on the matter the city weed board directs that the<br>noxious weeds be controlled by the city weed officer, the landowner may<br>appeal the decision to the governing body of the city.A decision by thegoverning body is final.f.If the landowner does not appeal the decision to the governing body of the city,<br>or if the governing body of the city upholds the decision of the city weed board,<br>the city weed control officer may cause the noxious weeds to be controlled and<br>any expenses incurred by the city weed officer in controlling the weeds must be<br>charged against the land of the landowner. These expenses are part of the<br>taxes to be levied against the land for the ensuing year and must be collected<br>in the same manner as other real estate taxes.4.1-47-29. Quarantine - Declaration - Hearing - Penalty.1.If the commissioner determines that a quarantine of this state or any portion thereof<br>may be necessary to prevent the spread of noxious weeds, the commissioner shall<br>schedule a public hearing on the matter and provide notice of the hearing by<br>publishing its time, place, and date in the official newspaper of each county having<br>land within the area of the proposed quarantine.If after the hearing thecommissioner orders the imposition of a quarantine, the order must include the date<br>by which or the circumstances under which the commissioner shall lift the<br>quarantine order.2.If the commissioner determines that the imposition of an emergency quarantine is<br>necessary to prevent the spread of noxious weeds, the commissioner may impose<br>such an order for a period not to exceed fourteen days. Within the fourteen-day<br>period, the commissioner shall hold a public hearing as provided for in subsection 1<br>and determine whether a quarantine order under subsection 1 should be imposed.3.Following the establishment of a quarantine, the movement of any product or<br>material described in the quarantine order is subject to the order.4.Any person who violates a quarantine order issued under this section is guilty of a<br>class B misdemeanor.4.1-47-30. Preventing the dissemination of noxious weeds - Penalty.Page No. 101.a.A person may not willfully transport any material that contains noxious weed<br>seeds or propagating parts, on a public road, in a manner that allows for the<br>dissemination of noxious weeds.b.A person may not willfully drive or transport any equipment, on a public road, in<br>a manner that allows for the dissemination of noxious weeds.c.A person may not willfully dispose of any material that contains noxious weed<br>seeds or propagating parts in a manner that allows for the dissemination of<br>noxious weeds.2.Any person who violates this section is guilty of a class B misdemeanor.4.1-47-31. Civil penalty.1.a.In addition to any other penalties provided for in this chapter, a person who<br>violates this chapter or any rules adopted under this chapter is subject to a civil<br>penalty in an amount not to exceed eighty dollars per day for each day of<br>violation, subject to a maximum penalty of four thousand dollars per year.b.Penalties imposed upon a landowner for failing to comply with the remedial<br>requirements, as set forth in section 4.1-47-28, are a lien against the property<br>of the landowner from the day the notice is delivered to the landowner under<br>section 4.1-47-28.2.All penalties collected under this section must be credited to the noxious weed<br>control fund of:a.The city in which the violation occurred if the city has a noxious weed control<br>program under this chapter; orb.The county in which the violation occurred.3.Any penalties provided for under this section may be adjudicated by a court, a<br>county weed board, or a city weed board after a hearing.4.An aggrieved person may appeal the imposition of a penalty by a county weed board<br>to the board of county commissioners.An aggrieved person may appeal theimposition of a penalty by a city weed board to the governing body of the city.4.1-47-32. Action on complaint - Request for hearing.1.a.If an individual filed a signed complaint with a county weed board or the county<br>weed control officer and if the individual believes that the complaint has not<br>been addressed satisfactorily within twenty-one days from the date of the<br>complaint, the individual may file a written request for a hearing with the board<br>of county commissioners.b.Upon receiving a request for a hearing, the board of county commissioners<br>shall schedule a public hearing within twenty-one days and shall provide notice<br>of the hearing by publishing its time, place, and date in the official newspaper of<br>the county.c.Within fourteen days after the hearing, the board of county commissioners shall<br>issue a determination regarding the matter and shall issue appropriate<br>directives to the county weed board.d.A decision by the board of county commissioners under this section is final.Page No. 112.a.If an individual filed a signed complaint with a city weed board or the city weed<br>control officer and if the individual believes that the complaint has not been<br>addressed satisfactorily within twenty-one days from the date of the complaint,<br>the individual may file a written request for a hearing with the governing body of<br>the city.b.Upon receiving a request for a hearing, the governing body of the city shall<br>schedule a public hearing and shall provide notice of the hearing by publishing<br>its time, place, and date in the official newspaper of the county.c.Within fourteen days after the hearing, the governing body of the city shall issue<br>a determination regarding the matter and shall issue appropriate directives to<br>the city weed board.d.A decision by the governing body of the city under this section is final.4.1-47-33. County and city weed boards - Control of invasive species - Acceptanceof funds.1.If a county or a city weed board determines that an invasive species is present within<br>its jurisdiction, the weed board shall notify the commissioner.2.a.If funds for the control of invasive species are available to the commissioner,<br>the commissioner may forward the funds to a weed board for the purpose of<br>controlling the invasive species on public land and assisting private landowners<br>in their efforts to voluntarily control the invasive species provided:(1)The commissioner determines that, without intervention, the invasive<br>species is likely to become a noxious weed during the ensuing five-year<br>period; and(2)The weed board files a plan with the commissioner detailing the manner<br>in which and the time within which the funds are to be expended.b.Notwithstanding any other law, a county or a city weed board may accept funds<br>under this subsection and implement a plan, approved by the commissioner, for<br>the control of invasive species within its jurisdiction.3.In addition to any funds available from the commissioner, a county or a city weed<br>board may accept funds from any other source to control invasive species within its<br>jurisdiction.4.For purposes of this section, an invasive species means a plant species that has<br>been introduced into this state and which the North Dakota state university extension<br>service determines has caused or is likely to cause:a.Economic harm;b.Environmental harm; orc.Harm to human health.Page No. 12Document Outlinechapter 4.1-47 noxious weed control
CHAPTER 4.1-47NOXIOUS WEED CONTROL4.1-47-01. Definitions. As used in this chapter:1."Board member area" means a geographical area within the county from which a<br>member of the weed board is appointed.2."City weed control officer" means an individual designated by a city weed board to<br>be responsible for the operation and enforcement of this chapter within the city.3."Commissioner" means the agriculture commissioner or the commissioner's<br>designee.4."Control" means to prevent a noxious weed from spreading by:a.Suppressing its seeds or propagating parts; orb.Destroying either the entire plant or its propagating parts.5."County weed control officer" means an individual designated by the county weed<br>board to be responsible for the operation and enforcement of this chapter within<br>each county.6."Noxious weed" means a plant propagated by either seed or vegetative parts and<br>determined to be injurious to public health, crops, livestock, land, or other property<br>by:a.The commissioner in accordance with section 4.1-47-05;b.A county weed board in accordance with section 4.1-47-10; orc.A city weed board in accordance with section 4.1-47-21.7."Township road" means an improved public road that is:a.Located outside of an incorporated city;b.Not designated as part of a county, state, or federal-aid road system; andc.Constructed, maintained, graded, and drained by the township, or by the county<br>if the township is unorganized.4.1-47-02. Control of noxious weeds - Responsibility. Each person shall do all thingsnecessary and proper to control the spread of noxious weeds.4.1-47-03.Noxious weed control - Agriculture commissioner - Powers.Thecommissioner may enter upon any land in the state to perform duties and to exercise powers<br>under this chapter, including taking specimens of weeds or other materials, without the consent<br>of the landowner or other person responsible for the land and without being subject to any action<br>for trespass or damages, provided reasonable care is exercised.4.1-47-04.Noxious weed control - Agriculture commissioner - Duties.Thecommissioner shall:1.Maintain a state noxious weed list;Page No. 12.Direct the removal of a noxious weed from a county or city noxious weed list if the<br>commissioner, after consultation with the respective weed board and the North<br>Dakota state university extension service, determines there is insufficient justification<br>for the continued inclusion of that particular noxious weed;3.Except as otherwise provided, forward all signed complaints to the proper weed<br>control authority; and4.Call an annual meeting of all weed control officers to review noxious weed control<br>efforts in this state.4.1-47-05. State noxious weed list - Compilation.1.Before the commissioner may add a weed to or remove a weed from the state<br>noxious weed list, the commissioner shall consult with the North Dakota state<br>university extension service.2.Before January 1, 2010, and at least every five years thereafter, the commissioner<br>shall review the state noxious weed list.The commissioner shall provide eachcounty and city weed board with at least fourteen days' notice of the time and place<br>at which the list will be reviewed and, no later than fourteen days after conclusion of<br>the review, shall provide each county and city weed board with written notice of any<br>changes to the state noxious weed list.4.1-47-06. County weed board - Members - Terms - Compensation.1.Each board of county commissioners shall:a.Establish contiguous county weed board member areas; orb.Determine that county weed board members must be appointed at large.2.The board of county commissioners shall appoint a county weed board consisting of<br>three, five, or seven members. Members shall serve for a term of four years or until<br>their successors are appointed and qualified. The terms must be staggered so that<br>no more than two expire each year.3.If the board of county commissioners has established county weed board member<br>areas as provided for in subsection 1, any qualified elector residing in the county<br>weed board member area is eligible to represent that area on the board. If the board<br>of county commissioners has determined that county weed board members must be<br>appointed at large as provided for in subsection 1, any qualified elector residing in<br>the county is eligible to serve on the county weed board.4.A board member shall assume office at the first regular meeting of the county weed<br>board following that member's appointment.5.The board of county commissioners shall remove a member of the county weed<br>board for repeated unexcused failures to attend meetings, for refusal to act as a<br>board member, or for incapacity. If a vacancy occurs on a county weed board, the<br>board of county commissioners, at its next regular meeting, shall appoint an<br>individual who possesses the necessary qualifications to fill the unexpired term.6.a.The county weed board shall elect a chairman and a vice chairman from<br>among its members.b.The county weed board shall appoint a secretary and a treasurer.Thesecretary and treasurer need not be members of the board.Page No. 27.The board of county commissioners shall establish the rate of compensation for<br>county weed board members.4.1-47-07. County weed board - Jurisdiction. The jurisdiction of a county weed boardextends to all land within the county but does not include any land within the corporate limits of a<br>city if that city has its own noxious weed control program under this chapter.4.1-47-08. County weed board - Powers. A county weed board may:1.Expend funds from all available sources if it determines that the extent of noxious<br>weed infestation on certain land is so severe that control efforts would place an<br>extreme financial burden on the landowner.2.Employ and compensate additional personnel to assist with noxious weed control<br>efforts.4.1-47-09. County weed board - Duties. Each county weed board shall:1.Implement a program for the control of noxious weeds;2.Provide for the control of noxious weeds along county and township roads and along<br>county highways;3.Establish the time and place of regular board meetings;4.Meet at least once each year;5.Keep minutes of its board meetings and a complete record of all official acts;6.Control and disburse all moneys received by the county from any source for noxious<br>weed control;7.a.Provide for the compensation of its members and its secretary and treasurer;b.Reimburse its members and its secretary and treasurer for actual and<br>necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees; and8.a.Employ and provide for the compensation of a weed control officer;b.Reimburse the weed control officer for actual and necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees.4.1-47-10. County weed board - Development of county weed list.1.A county weed board may designate as noxious certain weeds that are not on the<br>state noxious weed list, provided the county weed board consults with the North<br>Dakota state university extension service and that the designation is approved by the<br>commissioner.2.Before January 1, 2010, and at least every five years thereafter, each county weed<br>board shall review its noxious weed list and, by majority vote, may remove any weed<br>from its list. The county weed board shall provide the commissioner with at least<br>fourteen days' notice of the time and place at which its list will be reviewed and, noPage No. 3later than fourteen days after conclusion of the review, shall provide the<br>commissioner with written notice of any changes to the county list.3.A county weed board shall immediately remove any noxious weed from its list when<br>directed to do so by the commissioner in accordance with section 4.1-47-04.4.1-47-11.County weed control officer - Membership on county weed board -Employment.1.A county weed control officer may serve as a member of the weed control board by<br>which the officer is employed if the officer is otherwise qualified to do so.2.An individual may be employed as a weed control officer by several weed boards<br>simultaneously.4.1-47-12. County weed control officer - Powers. A county weed control officer mayenter upon any land within the jurisdiction of the officer to perform duties and to exercise powers<br>under sections 4.1-47-01 through 4.1-47-30, including taking specimens of weeds or other<br>materials, without the consent of the landowner or other person responsible for the land and<br>without being subject to any action for trespass or damages, provided reasonable care is<br>exercised.4.1-47-13. County weed control officer - Duties. The county weed control officer shall:1.Cooperate with the board and be responsible for the operation and enforcement of<br>this chapter within the county;2.Become acquainted with the location of noxious weeds within the county;3.Meet the pesticide certification requirements set forth in chapter 4-35;4.Encourage noxious weed control by all landowners and land occupants within the<br>county;5.Investigate all signed complaints received by the officer regarding noxious weeds;6.Post or publish in the official newspaper of the county any notices the commissioner<br>deems necessary to further noxious weed control under this chapter;7.Prepare reports as requested by the commissioner; and8.Attend meetings called by the commissioner to further noxious weed control under<br>this chapter.4.1-47-14. County noxious weed control program - Payment of expenses - Mill levyauthorization.1.The board of county commissioners may pay the expenses of a county noxious<br>weed control program authorized under this chapter from the county general fund,<br>the noxious weed control fund, or both.2.a.The county weed board may annually certify to the board of county<br>commissioners a tax, not to exceed two mills on the taxable valuation of all<br>property in the county, other than that which lies within the boundaries of a city<br>having a noxious weed control program under this chapter.b.In addition to the levy authorized in subdivision a, the board of county<br>commissioners may levy an amount not to exceed two mills per dollar on the<br>taxable valuation of all property in the county, other than that which lies withinPage No. 4the boundaries of a city having a noxious weed control program under this<br>chapter.c.The board of county commissioners shall levy the taxes authorized by this<br>subsection and shall place those moneys in a separate fund designated as the<br>noxious weed control fund, which is used to pay the expenses of a county<br>noxious weed control program.d.The tax may be levied in excess of the mill levy limit prescribed by law for<br>general purposes.3.For purposes of this section, the expenses of a county noxious weed control<br>program include compensation for and the reimbursement of expenses incurred by<br>the county weed board, the county weed control officer, and other employees of the<br>board, and expenses incurred in the provision of noxious weed control, as<br>authorized by this chapter.4.1-47-15.State appropriations for noxious weed control - Distribution -Determination.1.The commissioner shall consult with the county and city weed boards and develop a<br>method for the distribution to county and city weed boards of all moneys<br>appropriated by the state for noxious weed control, other than the landowner<br>assistance grants provided for in section 4.1-47-16.2.The method must:a.Limit the amount that any county or city weed board is entitled to receive under<br>this section to seventy-five percent of the board's actual expenditures under this<br>section; andb.Allow the commissioner to waive the limit provided for in this subsection if the<br>commissioner determines that a noxious weed is seriously endangering areas<br>of a county, a city, or the state.4.1-47-16. State appropriations for noxious weed control - Landowner assistanceprogram.1.The commissioner shall consult with representatives of county and city weed boards<br>and develop a formula for the distribution to eligible county weed boards and eligible<br>city weed boards of all moneys appropriated by the state for the landowner<br>assistance program.2.a.The formula must require that county officials budget, from county sources, an<br>amount equal to the revenue that could be raised by a levy of at least three<br>mills for noxious weed control; provided, however, that this amount does not<br>apply to property that lies within the boundaries of a city having a noxious weed<br>control program under this chapter.b.The formula must require that city officials budget, from city sources, an<br>amount equal to the revenue that could be raised by a levy of at least three<br>mills for noxious weed control.3.The formula must require that the landowner contribute an amount equal to at least<br>twenty percent of the cost to be expended on behalf of the landowner. The formula<br>may include payment-in-kind criteria by which the landowner's contribution may be<br>realized.Page No. 54.1-47-17. Control of noxious weeds within cities. The governing body of any cityhaving a population of three thousand or more may establish a program for the control of noxious<br>weeds within the jurisdictional limits of the city. If a program is not established, the county weed<br>board shall administer a program for the city.4.1-47-18. City weed board members - Terms - Compensation.1.If the governing body of a city elects to establish a noxious weed control program, as<br>authorized by section 4.1-47-17, the governing body shall appoint a weed board<br>consisting of three, five, or seven members.2.The term of office for a board member is four years or until a successor is appointed<br>and qualified. The terms must be staggered so that no more than two expire each<br>year.3.Any qualified elector residing within the city is eligible to serve on the board.4.A board member shall assume office at the first regular meeting of the city weed<br>board following the member's appointment.5.The governing body of the city shall remove a member of the city weed board for<br>repeated unexcused failures to attend meetings, for refusal to act as a board<br>member, or for incapacity. If a vacancy occurs on a city weed board, the governing<br>body of the city, at its next regular meeting, shall appoint an individual who<br>possesses the necessary qualifications to fill the unexpired term.6.The city weed board shall elect a chairman and a vice chairman from among its<br>members.7.The city weed board shall appoint a secretary and a treasurer. The secretary and<br>treasurer need not be members of the board.8.The governing body of the city shall establish the rate of compensation for city weed<br>board members.4.1-47-19. City weed board - Powers. A city weed board may:1.Expend funds from all available sources if it determines that the extent of noxious<br>weed infestation on certain land is so severe that undertaking control efforts would<br>place an extreme financial burden on the landowner.2.Employ and compensate additional personnel to assist with noxious weed control<br>efforts.4.1-47-20. City weed board - Duties. Each city weed board shall:1.Implement a program for the control of noxious weeds;2.Establish the time and place of regular board meetings;3.Meet at least once each year;4.Keep minutes of its meetings and a complete record of all official acts;5.Control and disburse all moneys received by the city from any source for noxious<br>weed control;6.a.Provide for the compensation of its members and its secretary and treasurer;Page No. 6b.Reimburse its members and its secretary and treasurer for actual and<br>necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees; and7.a.Employ and provide for the compensation of a weed control officer;b.Reimburse the weed control officer for actual and necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees.4.1-47-21. City weed board - Development of city weed list - Review - Removal.1.A city weed board may designate as noxious certain weeds that are not on the state<br>or county noxious weed list, provided the city weed board first consults with the<br>North Dakota state university extension service and that the designation is approved<br>by the commissioner.2.Before January 1, 2010, and at least every five years thereafter, each city weed<br>board shall review its noxious weed list and, by majority vote, may remove any weed<br>from its list.The city weed board shall provide the commissioner with at leastfourteen days' notice of the time and place at which its list will be reviewed and,<br>within fourteen days of the review, shall provide the commissioner with written notice<br>of any changes to the city list.3.A city weed board immediately shall remove any noxious weed from the board's list<br>when directed to do so by the commissioner in accordance with section 4.1-47-04.4.1-47-22.City weed control officer - Membership on city weed board -Employment.1.A city weed control officer may serve as a member of the weed control board by<br>which the officer is employed if the officer is otherwise qualified to do so.2.An individual may be employed as a weed control officer by several weed boards<br>simultaneously.4.1-47-23. City weed control officer - Powers. A city weed control officer may enterupon any land within the jurisdiction of the officer to perform duties and to exercise powers under<br>this chapter, including taking specimens of weeds or other materials, without the consent of the<br>landowner or other person responsible for the land and without being subject to any action for<br>trespass or damages, provided reasonable care is exercised.4.1-47-24. City weed control officer - Duties. The city weed control officer shall:1.Cooperate with the board and be responsible for the operation and enforcement of<br>this chapter within the city;2.Become acquainted with the location of noxious weeds within the city;3.Meet the pesticide certification requirements set forth in chapter 4-35;4.Encourage noxious weed control by all landowners and land occupants within the<br>city;5.Investigate all signed complaints received by the officer regarding noxious weeds<br>within the city;Page No. 76.Post or publish in the official newspaper of the city any notices the commissioner<br>deems necessary to further noxious weed control under this chapter;7.Prepare reports as requested by the commissioner; and8.Attend meetings called by the commissioner to further noxious weed control under<br>this chapter.4.1-47-25. City noxious weed control program - Payment of expenses - Mill levyauthorization.1.The governing body of a city may pay the expenses of a city noxious weed control<br>program authorized under this chapter from the city general fund, the noxious weed<br>control fund, or both.2.a.The city weed board may annually certify to the governing body of a city a tax,<br>not to exceed two mills on the taxable valuation of all property in the city.b.In addition to the levy authorized in subdivision a, the governing body of a city<br>may levy an amount not to exceed two mills per dollar on the taxable valuation<br>of all property in the city.c.The governing body of a city shall levy the taxes authorized by this subsection<br>and shall place those moneys in a separate fund designated as the noxious<br>weed control fund, which is used to pay the expenses of a city noxious weed<br>control program.d.The tax may be levied in excess of the mill levy limit prescribed by law for<br>general purposes.3.For purposes of this section, the expenses of a city noxious weed control program<br>include compensation for and the reimbursement of expenses incurred by the city<br>weed board, the city weed control officer, and other employees of the board, and<br>expenses incurred in the provision of noxious weed control, as authorized by this<br>chapter.4.1-47-26. Publicly owned land - Noxious weed control. Each state agency shallprovide for the control of noxious weeds on land within its jurisdiction. If a state agency fails to<br>control noxious weeds on land under its jurisdiction, the county weed board, upon approval of the<br>commissioner, may enter upon the land to control the noxious weeds. The state agency shall<br>reimburse the county weed board for expenses incurred in controlling the noxious weeds, within<br>thirty days after the agency receives the bill.4.1-47-27. Noxious weed control - Enforcement responsibilities of other agencies.Law enforcement agents shall cooperate with the commissioner, a weed control board, and a<br>weed control officer for the purpose of enforcing this chapter.4.1-47-28.Entry upon land for noxious weed control purposes - Notices -Landowner rights - Remedial requirements - Liens.1.a.If a county weed officer determines that any land other than that referenced in<br>subsection 2 contains noxious weeds, the county weed control officer may<br>serve upon the landowner written notice, either personally or by certified mail,<br>requiring the landowner to control the noxious weeds within the time period<br>prescribed by the county weed control officer.b.The notice must:(1)Specify the minimal remedial requirements;Page No. 8(2)Specify the time within which the landowner must meet the minimum<br>remedial requirements;(3)Specify that the landowner may be subject to penalties provided under<br>this chapter if the landowner fails to comply with the remedial<br>requirements;(4)Include a statement of costs if the landowner fails to control the noxious<br>weeds and the county weed officer must provide for control of the weeds;<br>and(5)Provide that the landowner may stay any efforts by the county weed<br>officer to control noxious weeds on the land by requesting in writing that<br>the county weed board hold a hearing on the matter.c.The county weed officer shall deliver a copy of the notice personally or forward<br>a copy of the notice by certified mail to any tenant, lessee, or operator of the<br>land on which the noxious weeds are located.d.If the landowner does not meet the minimum remedial requirements within the<br>time specified in the notice and does not request a hearing on the matter by the<br>county weed board, the county weed control officer may cause the noxious<br>weeds to be controlled and the expenses charged against the land of the<br>landowner. These expenses are part of the taxes to be levied against the land<br>for the ensuing year and must be collected in the same manner as other real<br>estate taxes.e.If after holding a hearing on the matter, the county weed board directs that the<br>noxious weeds be controlled by the county weed officer, the landowner may<br>appeal the decision to the board of county commissioners. A decision by the<br>board of county commissioners is final.f.If the landowner does not appeal the decision to the board of county<br>commissioners, or if the board of county commissioners upholds the decision of<br>the county weed board, the county weed control officer may cause the noxious<br>weeds to be controlled and any expenses incurred by the county weed officer in<br>controlling the weeds must be charged against the land of the landowner.<br>These expenses are part of the taxes to be levied against the land for the<br>ensuing year and must be collected in the same manner as other real estate<br>taxes.2.a.If a city weed control officer determines that land within the officer's jurisdiction<br>contains noxious weeds, the officer may serve upon the landowner written<br>notice either personally or by certified mail, requiring the landowner to control<br>the noxious weeds within the time period prescribed by the city weed control<br>officer.b.The notice must:(1)Specify the minimal remedial requirements;(2)Specify the time within which the landowner must meet the minimum<br>remedial requirements;(3)Specify that the landowner may be subject to penalties provided under<br>this chapter if the landowner fails to comply with the remedial<br>requirement;Page No. 9(4)Include a statement of costs if the landowner fails to control the noxious<br>weeds and the city weed officer must provide for control of the weeds;<br>and(5)Provide that the landowner may stay any efforts by the city weed officer<br>to control noxious weeds on the land, by requesting in writing that the city<br>weed board hold a hearing on the matter.c.The city weed officer shall deliver a copy of the notice personally or forward a<br>copy of the notice by certified mail to any tenant, lessee, or operator of the land<br>on which the noxious weeds are located.d.If the landowner does not meet the minimum remedial requirements within the<br>time specified in the notice and does not request a hearing on the matter by the<br>city weed board, the city weed control officer may cause the noxious weeds to<br>be controlled and the expenses charged against the land of the landowner.<br>These expenses are part of the taxes to be levied against the land for the<br>ensuing year and must be collected in the same manner as other real estate<br>taxes.e.If after holding a hearing on the matter the city weed board directs that the<br>noxious weeds be controlled by the city weed officer, the landowner may<br>appeal the decision to the governing body of the city.A decision by thegoverning body is final.f.If the landowner does not appeal the decision to the governing body of the city,<br>or if the governing body of the city upholds the decision of the city weed board,<br>the city weed control officer may cause the noxious weeds to be controlled and<br>any expenses incurred by the city weed officer in controlling the weeds must be<br>charged against the land of the landowner. These expenses are part of the<br>taxes to be levied against the land for the ensuing year and must be collected<br>in the same manner as other real estate taxes.4.1-47-29. Quarantine - Declaration - Hearing - Penalty.1.If the commissioner determines that a quarantine of this state or any portion thereof<br>may be necessary to prevent the spread of noxious weeds, the commissioner shall<br>schedule a public hearing on the matter and provide notice of the hearing by<br>publishing its time, place, and date in the official newspaper of each county having<br>land within the area of the proposed quarantine.If after the hearing thecommissioner orders the imposition of a quarantine, the order must include the date<br>by which or the circumstances under which the commissioner shall lift the<br>quarantine order.2.If the commissioner determines that the imposition of an emergency quarantine is<br>necessary to prevent the spread of noxious weeds, the commissioner may impose<br>such an order for a period not to exceed fourteen days. Within the fourteen-day<br>period, the commissioner shall hold a public hearing as provided for in subsection 1<br>and determine whether a quarantine order under subsection 1 should be imposed.3.Following the establishment of a quarantine, the movement of any product or<br>material described in the quarantine order is subject to the order.4.Any person who violates a quarantine order issued under this section is guilty of a<br>class B misdemeanor.4.1-47-30. Preventing the dissemination of noxious weeds - Penalty.Page No. 101.a.A person may not willfully transport any material that contains noxious weed<br>seeds or propagating parts, on a public road, in a manner that allows for the<br>dissemination of noxious weeds.b.A person may not willfully drive or transport any equipment, on a public road, in<br>a manner that allows for the dissemination of noxious weeds.c.A person may not willfully dispose of any material that contains noxious weed<br>seeds or propagating parts in a manner that allows for the dissemination of<br>noxious weeds.2.Any person who violates this section is guilty of a class B misdemeanor.4.1-47-31. Civil penalty.1.a.In addition to any other penalties provided for in this chapter, a person who<br>violates this chapter or any rules adopted under this chapter is subject to a civil<br>penalty in an amount not to exceed eighty dollars per day for each day of<br>violation, subject to a maximum penalty of four thousand dollars per year.b.Penalties imposed upon a landowner for failing to comply with the remedial<br>requirements, as set forth in section 4.1-47-28, are a lien against the property<br>of the landowner from the day the notice is delivered to the landowner under<br>section 4.1-47-28.2.All penalties collected under this section must be credited to the noxious weed<br>control fund of:a.The city in which the violation occurred if the city has a noxious weed control<br>program under this chapter; orb.The county in which the violation occurred.3.Any penalties provided for under this section may be adjudicated by a court, a<br>county weed board, or a city weed board after a hearing.4.An aggrieved person may appeal the imposition of a penalty by a county weed board<br>to the board of county commissioners.An aggrieved person may appeal theimposition of a penalty by a city weed board to the governing body of the city.4.1-47-32. Action on complaint - Request for hearing.1.a.If an individual filed a signed complaint with a county weed board or the county<br>weed control officer and if the individual believes that the complaint has not<br>been addressed satisfactorily within twenty-one days from the date of the<br>complaint, the individual may file a written request for a hearing with the board<br>of county commissioners.b.Upon receiving a request for a hearing, the board of county commissioners<br>shall schedule a public hearing within twenty-one days and shall provide notice<br>of the hearing by publishing its time, place, and date in the official newspaper of<br>the county.c.Within fourteen days after the hearing, the board of county commissioners shall<br>issue a determination regarding the matter and shall issue appropriate<br>directives to the county weed board.d.A decision by the board of county commissioners under this section is final.Page No. 112.a.If an individual filed a signed complaint with a city weed board or the city weed<br>control officer and if the individual believes that the complaint has not been<br>addressed satisfactorily within twenty-one days from the date of the complaint,<br>the individual may file a written request for a hearing with the governing body of<br>the city.b.Upon receiving a request for a hearing, the governing body of the city shall<br>schedule a public hearing and shall provide notice of the hearing by publishing<br>its time, place, and date in the official newspaper of the county.c.Within fourteen days after the hearing, the governing body of the city shall issue<br>a determination regarding the matter and shall issue appropriate directives to<br>the city weed board.d.A decision by the governing body of the city under this section is final.4.1-47-33. County and city weed boards - Control of invasive species - Acceptanceof funds.1.If a county or a city weed board determines that an invasive species is present within<br>its jurisdiction, the weed board shall notify the commissioner.2.a.If funds for the control of invasive species are available to the commissioner,<br>the commissioner may forward the funds to a weed board for the purpose of<br>controlling the invasive species on public land and assisting private landowners<br>in their efforts to voluntarily control the invasive species provided:(1)The commissioner determines that, without intervention, the invasive<br>species is likely to become a noxious weed during the ensuing five-year<br>period; and(2)The weed board files a plan with the commissioner detailing the manner<br>in which and the time within which the funds are to be expended.b.Notwithstanding any other law, a county or a city weed board may accept funds<br>under this subsection and implement a plan, approved by the commissioner, for<br>the control of invasive species within its jurisdiction.3.In addition to any funds available from the commissioner, a county or a city weed<br>board may accept funds from any other source to control invasive species within its<br>jurisdiction.4.For purposes of this section, an invasive species means a plant species that has<br>been introduced into this state and which the North Dakota state university extension<br>service determines has caused or is likely to cause:a.Economic harm;b.Environmental harm; orc.Harm to human health.Page No. 12Document Outlinechapter 4.1-47 noxious weed control
CHAPTER 4.1-47NOXIOUS WEED CONTROL4.1-47-01. Definitions. As used in this chapter:1."Board member area" means a geographical area within the county from which a<br>member of the weed board is appointed.2."City weed control officer" means an individual designated by a city weed board to<br>be responsible for the operation and enforcement of this chapter within the city.3."Commissioner" means the agriculture commissioner or the commissioner's<br>designee.4."Control" means to prevent a noxious weed from spreading by:a.Suppressing its seeds or propagating parts; orb.Destroying either the entire plant or its propagating parts.5."County weed control officer" means an individual designated by the county weed<br>board to be responsible for the operation and enforcement of this chapter within<br>each county.6."Noxious weed" means a plant propagated by either seed or vegetative parts and<br>determined to be injurious to public health, crops, livestock, land, or other property<br>by:a.The commissioner in accordance with section 4.1-47-05;b.A county weed board in accordance with section 4.1-47-10; orc.A city weed board in accordance with section 4.1-47-21.7."Township road" means an improved public road that is:a.Located outside of an incorporated city;b.Not designated as part of a county, state, or federal-aid road system; andc.Constructed, maintained, graded, and drained by the township, or by the county<br>if the township is unorganized.4.1-47-02. Control of noxious weeds - Responsibility. Each person shall do all thingsnecessary and proper to control the spread of noxious weeds.4.1-47-03.Noxious weed control - Agriculture commissioner - Powers.Thecommissioner may enter upon any land in the state to perform duties and to exercise powers<br>under this chapter, including taking specimens of weeds or other materials, without the consent<br>of the landowner or other person responsible for the land and without being subject to any action<br>for trespass or damages, provided reasonable care is exercised.4.1-47-04.Noxious weed control - Agriculture commissioner - Duties.Thecommissioner shall:1.Maintain a state noxious weed list;Page No. 12.Direct the removal of a noxious weed from a county or city noxious weed list if the<br>commissioner, after consultation with the respective weed board and the North<br>Dakota state university extension service, determines there is insufficient justification<br>for the continued inclusion of that particular noxious weed;3.Except as otherwise provided, forward all signed complaints to the proper weed<br>control authority; and4.Call an annual meeting of all weed control officers to review noxious weed control<br>efforts in this state.4.1-47-05. State noxious weed list - Compilation.1.Before the commissioner may add a weed to or remove a weed from the state<br>noxious weed list, the commissioner shall consult with the North Dakota state<br>university extension service.2.Before January 1, 2010, and at least every five years thereafter, the commissioner<br>shall review the state noxious weed list.The commissioner shall provide eachcounty and city weed board with at least fourteen days' notice of the time and place<br>at which the list will be reviewed and, no later than fourteen days after conclusion of<br>the review, shall provide each county and city weed board with written notice of any<br>changes to the state noxious weed list.4.1-47-06. County weed board - Members - Terms - Compensation.1.Each board of county commissioners shall:a.Establish contiguous county weed board member areas; orb.Determine that county weed board members must be appointed at large.2.The board of county commissioners shall appoint a county weed board consisting of<br>three, five, or seven members. Members shall serve for a term of four years or until<br>their successors are appointed and qualified. The terms must be staggered so that<br>no more than two expire each year.3.If the board of county commissioners has established county weed board member<br>areas as provided for in subsection 1, any qualified elector residing in the county<br>weed board member area is eligible to represent that area on the board. If the board<br>of county commissioners has determined that county weed board members must be<br>appointed at large as provided for in subsection 1, any qualified elector residing in<br>the county is eligible to serve on the county weed board.4.A board member shall assume office at the first regular meeting of the county weed<br>board following that member's appointment.5.The board of county commissioners shall remove a member of the county weed<br>board for repeated unexcused failures to attend meetings, for refusal to act as a<br>board member, or for incapacity. If a vacancy occurs on a county weed board, the<br>board of county commissioners, at its next regular meeting, shall appoint an<br>individual who possesses the necessary qualifications to fill the unexpired term.6.a.The county weed board shall elect a chairman and a vice chairman from<br>among its members.b.The county weed board shall appoint a secretary and a treasurer.Thesecretary and treasurer need not be members of the board.Page No. 27.The board of county commissioners shall establish the rate of compensation for<br>county weed board members.4.1-47-07. County weed board - Jurisdiction. The jurisdiction of a county weed boardextends to all land within the county but does not include any land within the corporate limits of a<br>city if that city has its own noxious weed control program under this chapter.4.1-47-08. County weed board - Powers. A county weed board may:1.Expend funds from all available sources if it determines that the extent of noxious<br>weed infestation on certain land is so severe that control efforts would place an<br>extreme financial burden on the landowner.2.Employ and compensate additional personnel to assist with noxious weed control<br>efforts.4.1-47-09. County weed board - Duties. Each county weed board shall:1.Implement a program for the control of noxious weeds;2.Provide for the control of noxious weeds along county and township roads and along<br>county highways;3.Establish the time and place of regular board meetings;4.Meet at least once each year;5.Keep minutes of its board meetings and a complete record of all official acts;6.Control and disburse all moneys received by the county from any source for noxious<br>weed control;7.a.Provide for the compensation of its members and its secretary and treasurer;b.Reimburse its members and its secretary and treasurer for actual and<br>necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees; and8.a.Employ and provide for the compensation of a weed control officer;b.Reimburse the weed control officer for actual and necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees.4.1-47-10. County weed board - Development of county weed list.1.A county weed board may designate as noxious certain weeds that are not on the<br>state noxious weed list, provided the county weed board consults with the North<br>Dakota state university extension service and that the designation is approved by the<br>commissioner.2.Before January 1, 2010, and at least every five years thereafter, each county weed<br>board shall review its noxious weed list and, by majority vote, may remove any weed<br>from its list. The county weed board shall provide the commissioner with at least<br>fourteen days' notice of the time and place at which its list will be reviewed and, noPage No. 3later than fourteen days after conclusion of the review, shall provide the<br>commissioner with written notice of any changes to the county list.3.A county weed board shall immediately remove any noxious weed from its list when<br>directed to do so by the commissioner in accordance with section 4.1-47-04.4.1-47-11.County weed control officer - Membership on county weed board -Employment.1.A county weed control officer may serve as a member of the weed control board by<br>which the officer is employed if the officer is otherwise qualified to do so.2.An individual may be employed as a weed control officer by several weed boards<br>simultaneously.4.1-47-12. County weed control officer - Powers. A county weed control officer mayenter upon any land within the jurisdiction of the officer to perform duties and to exercise powers<br>under sections 4.1-47-01 through 4.1-47-30, including taking specimens of weeds or other<br>materials, without the consent of the landowner or other person responsible for the land and<br>without being subject to any action for trespass or damages, provided reasonable care is<br>exercised.4.1-47-13. County weed control officer - Duties. The county weed control officer shall:1.Cooperate with the board and be responsible for the operation and enforcement of<br>this chapter within the county;2.Become acquainted with the location of noxious weeds within the county;3.Meet the pesticide certification requirements set forth in chapter 4-35;4.Encourage noxious weed control by all landowners and land occupants within the<br>county;5.Investigate all signed complaints received by the officer regarding noxious weeds;6.Post or publish in the official newspaper of the county any notices the commissioner<br>deems necessary to further noxious weed control under this chapter;7.Prepare reports as requested by the commissioner; and8.Attend meetings called by the commissioner to further noxious weed control under<br>this chapter.4.1-47-14. County noxious weed control program - Payment of expenses - Mill levyauthorization.1.The board of county commissioners may pay the expenses of a county noxious<br>weed control program authorized under this chapter from the county general fund,<br>the noxious weed control fund, or both.2.a.The county weed board may annually certify to the board of county<br>commissioners a tax, not to exceed two mills on the taxable valuation of all<br>property in the county, other than that which lies within the boundaries of a city<br>having a noxious weed control program under this chapter.b.In addition to the levy authorized in subdivision a, the board of county<br>commissioners may levy an amount not to exceed two mills per dollar on the<br>taxable valuation of all property in the county, other than that which lies withinPage No. 4the boundaries of a city having a noxious weed control program under this<br>chapter.c.The board of county commissioners shall levy the taxes authorized by this<br>subsection and shall place those moneys in a separate fund designated as the<br>noxious weed control fund, which is used to pay the expenses of a county<br>noxious weed control program.d.The tax may be levied in excess of the mill levy limit prescribed by law for<br>general purposes.3.For purposes of this section, the expenses of a county noxious weed control<br>program include compensation for and the reimbursement of expenses incurred by<br>the county weed board, the county weed control officer, and other employees of the<br>board, and expenses incurred in the provision of noxious weed control, as<br>authorized by this chapter.4.1-47-15.State appropriations for noxious weed control - Distribution -Determination.1.The commissioner shall consult with the county and city weed boards and develop a<br>method for the distribution to county and city weed boards of all moneys<br>appropriated by the state for noxious weed control, other than the landowner<br>assistance grants provided for in section 4.1-47-16.2.The method must:a.Limit the amount that any county or city weed board is entitled to receive under<br>this section to seventy-five percent of the board's actual expenditures under this<br>section; andb.Allow the commissioner to waive the limit provided for in this subsection if the<br>commissioner determines that a noxious weed is seriously endangering areas<br>of a county, a city, or the state.4.1-47-16. State appropriations for noxious weed control - Landowner assistanceprogram.1.The commissioner shall consult with representatives of county and city weed boards<br>and develop a formula for the distribution to eligible county weed boards and eligible<br>city weed boards of all moneys appropriated by the state for the landowner<br>assistance program.2.a.The formula must require that county officials budget, from county sources, an<br>amount equal to the revenue that could be raised by a levy of at least three<br>mills for noxious weed control; provided, however, that this amount does not<br>apply to property that lies within the boundaries of a city having a noxious weed<br>control program under this chapter.b.The formula must require that city officials budget, from city sources, an<br>amount equal to the revenue that could be raised by a levy of at least three<br>mills for noxious weed control.3.The formula must require that the landowner contribute an amount equal to at least<br>twenty percent of the cost to be expended on behalf of the landowner. The formula<br>may include payment-in-kind criteria by which the landowner's contribution may be<br>realized.Page No. 54.1-47-17. Control of noxious weeds within cities. The governing body of any cityhaving a population of three thousand or more may establish a program for the control of noxious<br>weeds within the jurisdictional limits of the city. If a program is not established, the county weed<br>board shall administer a program for the city.4.1-47-18. City weed board members - Terms - Compensation.1.If the governing body of a city elects to establish a noxious weed control program, as<br>authorized by section 4.1-47-17, the governing body shall appoint a weed board<br>consisting of three, five, or seven members.2.The term of office for a board member is four years or until a successor is appointed<br>and qualified. The terms must be staggered so that no more than two expire each<br>year.3.Any qualified elector residing within the city is eligible to serve on the board.4.A board member shall assume office at the first regular meeting of the city weed<br>board following the member's appointment.5.The governing body of the city shall remove a member of the city weed board for<br>repeated unexcused failures to attend meetings, for refusal to act as a board<br>member, or for incapacity. If a vacancy occurs on a city weed board, the governing<br>body of the city, at its next regular meeting, shall appoint an individual who<br>possesses the necessary qualifications to fill the unexpired term.6.The city weed board shall elect a chairman and a vice chairman from among its<br>members.7.The city weed board shall appoint a secretary and a treasurer. The secretary and<br>treasurer need not be members of the board.8.The governing body of the city shall establish the rate of compensation for city weed<br>board members.4.1-47-19. City weed board - Powers. A city weed board may:1.Expend funds from all available sources if it determines that the extent of noxious<br>weed infestation on certain land is so severe that undertaking control efforts would<br>place an extreme financial burden on the landowner.2.Employ and compensate additional personnel to assist with noxious weed control<br>efforts.4.1-47-20. City weed board - Duties. Each city weed board shall:1.Implement a program for the control of noxious weeds;2.Establish the time and place of regular board meetings;3.Meet at least once each year;4.Keep minutes of its meetings and a complete record of all official acts;5.Control and disburse all moneys received by the city from any source for noxious<br>weed control;6.a.Provide for the compensation of its members and its secretary and treasurer;Page No. 6b.Reimburse its members and its secretary and treasurer for actual and<br>necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees; and7.a.Employ and provide for the compensation of a weed control officer;b.Reimburse the weed control officer for actual and necessary expenses; andc.Provide a mileage allowance at the same rate as that established for state<br>employees.4.1-47-21. City weed board - Development of city weed list - Review - Removal.1.A city weed board may designate as noxious certain weeds that are not on the state<br>or county noxious weed list, provided the city weed board first consults with the<br>North Dakota state university extension service and that the designation is approved<br>by the commissioner.2.Before January 1, 2010, and at least every five years thereafter, each city weed<br>board shall review its noxious weed list and, by majority vote, may remove any weed<br>from its list.The city weed board shall provide the commissioner with at leastfourteen days' notice of the time and place at which its list will be reviewed and,<br>within fourteen days of the review, shall provide the commissioner with written notice<br>of any changes to the city list.3.A city weed board immediately shall remove any noxious weed from the board's list<br>when directed to do so by the commissioner in accordance with section 4.1-47-04.4.1-47-22.City weed control officer - Membership on city weed board -Employment.1.A city weed control officer may serve as a member of the weed control board by<br>which the officer is employed if the officer is otherwise qualified to do so.2.An individual may be employed as a weed control officer by several weed boards<br>simultaneously.4.1-47-23. City weed control officer - Powers. A city weed control officer may enterupon any land within the jurisdiction of the officer to perform duties and to exercise powers under<br>this chapter, including taking specimens of weeds or other materials, without the consent of the<br>landowner or other person responsible for the land and without being subject to any action for<br>trespass or damages, provided reasonable care is exercised.4.1-47-24. City weed control officer - Duties. The city weed control officer shall:1.Cooperate with the board and be responsible for the operation and enforcement of<br>this chapter within the city;2.Become acquainted with the location of noxious weeds within the city;3.Meet the pesticide certification requirements set forth in chapter 4-35;4.Encourage noxious weed control by all landowners and land occupants within the<br>city;5.Investigate all signed complaints received by the officer regarding noxious weeds<br>within the city;Page No. 76.Post or publish in the official newspaper of the city any notices the commissioner<br>deems necessary to further noxious weed control under this chapter;7.Prepare reports as requested by the commissioner; and8.Attend meetings called by the commissioner to further noxious weed control under<br>this chapter.4.1-47-25. City noxious weed control program - Payment of expenses - Mill levyauthorization.1.The governing body of a city may pay the expenses of a city noxious weed control<br>program authorized under this chapter from the city general fund, the noxious weed<br>control fund, or both.2.a.The city weed board may annually certify to the governing body of a city a tax,<br>not to exceed two mills on the taxable valuation of all property in the city.b.In addition to the levy authorized in subdivision a, the governing body of a city<br>may levy an amount not to exceed two mills per dollar on the taxable valuation<br>of all property in the city.c.The governing body of a city shall levy the taxes authorized by this subsection<br>and shall place those moneys in a separate fund designated as the noxious<br>weed control fund, which is used to pay the expenses of a city noxious weed<br>control program.d.The tax may be levied in excess of the mill levy limit prescribed by law for<br>general purposes.3.For purposes of this section, the expenses of a city noxious weed control program<br>include compensation for and the reimbursement of expenses incurred by the city<br>weed board, the city weed control officer, and other employees of the board, and<br>expenses incurred in the provision of noxious weed control, as authorized by this<br>chapter.4.1-47-26. Publicly owned land - Noxious weed control. Each state agency shallprovide for the control of noxious weeds on land within its jurisdiction. If a state agency fails to<br>control noxious weeds on land under its jurisdiction, the county weed board, upon approval of the<br>commissioner, may enter upon the land to control the noxious weeds. The state agency shall<br>reimburse the county weed board for expenses incurred in controlling the noxious weeds, within<br>thirty days after the agency receives the bill.4.1-47-27. Noxious weed control - Enforcement responsibilities of other agencies.Law enforcement agents shall cooperate with the commissioner, a weed control board, and a<br>weed control officer for the purpose of enforcing this chapter.4.1-47-28.Entry upon land for noxious weed control purposes - Notices -Landowner rights - Remedial requirements - Liens.1.a.If a county weed officer determines that any land other than that referenced in<br>subsection 2 contains noxious weeds, the county weed control officer may<br>serve upon the landowner written notice, either personally or by certified mail,<br>requiring the landowner to control the noxious weeds within the time period<br>prescribed by the county weed control officer.b.The notice must:(1)Specify the minimal remedial requirements;Page No. 8(2)Specify the time within which the landowner must meet the minimum<br>remedial requirements;(3)Specify that the landowner may be subject to penalties provided under<br>this chapter if the landowner fails to comply with the remedial<br>requirements;(4)Include a statement of costs if the landowner fails to control the noxious<br>weeds and the county weed officer must provide for control of the weeds;<br>and(5)Provide that the landowner may stay any efforts by the county weed<br>officer to control noxious weeds on the land by requesting in writing that<br>the county weed board hold a hearing on the matter.c.The county weed officer shall deliver a copy of the notice personally or forward<br>a copy of the notice by certified mail to any tenant, lessee, or operator of the<br>land on which the noxious weeds are located.d.If the landowner does not meet the minimum remedial requirements within the<br>time specified in the notice and does not request a hearing on the matter by the<br>county weed board, the county weed control officer may cause the noxious<br>weeds to be controlled and the expenses charged against the land of the<br>landowner. These expenses are part of the taxes to be levied against the land<br>for the ensuing year and must be collected in the same manner as other real<br>estate taxes.e.If after holding a hearing on the matter, the county weed board directs that the<br>noxious weeds be controlled by the county weed officer, the landowner may<br>appeal the decision to the board of county commissioners. A decision by the<br>board of county commissioners is final.f.If the landowner does not appeal the decision to the board of county<br>commissioners, or if the board of county commissioners upholds the decision of<br>the county weed board, the county weed control officer may cause the noxious<br>weeds to be controlled and any expenses incurred by the county weed officer in<br>controlling the weeds must be charged against the land of the landowner.<br>These expenses are part of the taxes to be levied against the land for the<br>ensuing year and must be collected in the same manner as other real estate<br>taxes.2.a.If a city weed control officer determines that land within the officer's jurisdiction<br>contains noxious weeds, the officer may serve upon the landowner written<br>notice either personally or by certified mail, requiring the landowner to control<br>the noxious weeds within the time period prescribed by the city weed control<br>officer.b.The notice must:(1)Specify the minimal remedial requirements;(2)Specify the time within which the landowner must meet the minimum<br>remedial requirements;(3)Specify that the landowner may be subject to penalties provided under<br>this chapter if the landowner fails to comply with the remedial<br>requirement;Page No. 9(4)Include a statement of costs if the landowner fails to control the noxious<br>weeds and the city weed officer must provide for control of the weeds;<br>and(5)Provide that the landowner may stay any efforts by the city weed officer<br>to control noxious weeds on the land, by requesting in writing that the city<br>weed board hold a hearing on the matter.c.The city weed officer shall deliver a copy of the notice personally or forward a<br>copy of the notice by certified mail to any tenant, lessee, or operator of the land<br>on which the noxious weeds are located.d.If the landowner does not meet the minimum remedial requirements within the<br>time specified in the notice and does not request a hearing on the matter by the<br>city weed board, the city weed control officer may cause the noxious weeds to<br>be controlled and the expenses charged against the land of the landowner.<br>These expenses are part of the taxes to be levied against the land for the<br>ensuing year and must be collected in the same manner as other real estate<br>taxes.e.If after holding a hearing on the matter the city weed board directs that the<br>noxious weeds be controlled by the city weed officer, the landowner may<br>appeal the decision to the governing body of the city.A decision by thegoverning body is final.f.If the landowner does not appeal the decision to the governing body of the city,<br>or if the governing body of the city upholds the decision of the city weed board,<br>the city weed control officer may cause the noxious weeds to be controlled and<br>any expenses incurred by the city weed officer in controlling the weeds must be<br>charged against the land of the landowner. These expenses are part of the<br>taxes to be levied against the land for the ensuing year and must be collected<br>in the same manner as other real estate taxes.4.1-47-29. Quarantine - Declaration - Hearing - Penalty.1.If the commissioner determines that a quarantine of this state or any portion thereof<br>may be necessary to prevent the spread of noxious weeds, the commissioner shall<br>schedule a public hearing on the matter and provide notice of the hearing by<br>publishing its time, place, and date in the official newspaper of each county having<br>land within the area of the proposed quarantine.If after the hearing thecommissioner orders the imposition of a quarantine, the order must include the date<br>by which or the circumstances under which the commissioner shall lift the<br>quarantine order.2.If the commissioner determines that the imposition of an emergency quarantine is<br>necessary to prevent the spread of noxious weeds, the commissioner may impose<br>such an order for a period not to exceed fourteen days. Within the fourteen-day<br>period, the commissioner shall hold a public hearing as provided for in subsection 1<br>and determine whether a quarantine order under subsection 1 should be imposed.3.Following the establishment of a quarantine, the movement of any product or<br>material described in the quarantine order is subject to the order.4.Any person who violates a quarantine order issued under this section is guilty of a<br>class B misdemeanor.4.1-47-30. Preventing the dissemination of noxious weeds - Penalty.Page No. 101.a.A person may not willfully transport any material that contains noxious weed<br>seeds or propagating parts, on a public road, in a manner that allows for the<br>dissemination of noxious weeds.b.A person may not willfully drive or transport any equipment, on a public road, in<br>a manner that allows for the dissemination of noxious weeds.c.A person may not willfully dispose of any material that contains noxious weed<br>seeds or propagating parts in a manner that allows for the dissemination of<br>noxious weeds.2.Any person who violates this section is guilty of a class B misdemeanor.4.1-47-31. Civil penalty.1.a.In addition to any other penalties provided for in this chapter, a person who<br>violates this chapter or any rules adopted under this chapter is subject to a civil<br>penalty in an amount not to exceed eighty dollars per day for each day of<br>violation, subject to a maximum penalty of four thousand dollars per year.b.Penalties imposed upon a landowner for failing to comply with the remedial<br>requirements, as set forth in section 4.1-47-28, are a lien against the property<br>of the landowner from the day the notice is delivered to the landowner under<br>section 4.1-47-28.2.All penalties collected under this section must be credited to the noxious weed<br>control fund of:a.The city in which the violation occurred if the city has a noxious weed control<br>program under this chapter; orb.The county in which the violation occurred.3.Any penalties provided for under this section may be adjudicated by a court, a<br>county weed board, or a city weed board after a hearing.4.An aggrieved person may appeal the imposition of a penalty by a county weed board<br>to the board of county commissioners.An aggrieved person may appeal theimposition of a penalty by a city weed board to the governing body of the city.4.1-47-32. Action on complaint - Request for hearing.1.a.If an individual filed a signed complaint with a county weed board or the county<br>weed control officer and if the individual believes that the complaint has not<br>been addressed satisfactorily within twenty-one days from the date of the<br>complaint, the individual may file a written request for a hearing with the board<br>of county commissioners.b.Upon receiving a request for a hearing, the board of county commissioners<br>shall schedule a public hearing within twenty-one days and shall provide notice<br>of the hearing by publishing its time, place, and date in the official newspaper of<br>the county.c.Within fourteen days after the hearing, the board of county commissioners shall<br>issue a determination regarding the matter and shall issue appropriate<br>directives to the county weed board.d.A decision by the board of county commissioners under this section is final.Page No. 112.a.If an individual filed a signed complaint with a city weed board or the city weed<br>control officer and if the individual believes that the complaint has not been<br>addressed satisfactorily within twenty-one days from the date of the complaint,<br>the individual may file a written request for a hearing with the governing body of<br>the city.b.Upon receiving a request for a hearing, the governing body of the city shall<br>schedule a public hearing and shall provide notice of the hearing by publishing<br>its time, place, and date in the official newspaper of the county.c.Within fourteen days after the hearing, the governing body of the city shall issue<br>a determination regarding the matter and shall issue appropriate directives to<br>the city weed board.d.A decision by the governing body of the city under this section is final.4.1-47-33. County and city weed boards - Control of invasive species - Acceptanceof funds.1.If a county or a city weed board determines that an invasive species is present within<br>its jurisdiction, the weed board shall notify the commissioner.2.a.If funds for the control of invasive species are available to the commissioner,<br>the commissioner may forward the funds to a weed board for the purpose of<br>controlling the invasive species on public land and assisting private landowners<br>in their efforts to voluntarily control the invasive species provided:(1)The commissioner determines that, without intervention, the invasive<br>species is likely to become a noxious weed during the ensuing five-year<br>period; and(2)The weed board files a plan with the commissioner detailing the manner<br>in which and the time within which the funds are to be expended.b.Notwithstanding any other law, a county or a city weed board may accept funds<br>under this subsection and implement a plan, approved by the commissioner, for<br>the control of invasive species within its jurisdiction.3.In addition to any funds available from the commissioner, a county or a city weed<br>board may accept funds from any other source to control invasive species within its<br>jurisdiction.4.For purposes of this section, an invasive species means a plant species that has<br>been introduced into this state and which the North Dakota state university extension<br>service determines has caused or is likely to cause:a.Economic harm;b.Environmental harm; orc.Harm to human health.Page No. 12Document Outlinechapter 4.1-47 noxious weed control
