Idaho House passes noxious-weed bill
Published 11:45 am Monday, February 20, 2023
- Rush skeletonweed is an invasive perennial that can spread dozens of miles as its seeds are easily moved by the wind.
BOISE — Reducing the spread of noxious weeds by involving more landowners is a goal of a bill the Idaho House passed Feb. 17.
House Bill 94, to be considered by the Senate, would incorporate an eight-day period into notice requirements for county noxious weed departments. The notices say when and how the weeds are to be controlled.
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Specifically, if the landowner is not known or readily available, “notice shall be deemed satisfied after eight days from the notice’s postmark or certified registered receipt to the address as shown on the assessment roll of the county,” according to the bill.
This would help prevent absentee landowners from arguing that they were not present to receive the notices, and would help prevent landowners from evading service, the bill’s purpose statement said.
The legislation was prompted in part by a landowner in south-central Idaho suing a county for trespassing, “and there was some question about the notification period and what that period should be,” said the bill sponsor, Rep. Doug Pickett, R-Oakley.
One goal is “to keep these things out of court and give everybody certainty and transparency on what the alternatives are,” he said.
Current law says that if a landowner fails to start controlling the weed or weeds within five working days of receiving the notice, the county can take the control actions itself — including destroying crops if necessary — and inform the landowner of the cost.
Under HB 94, the eight-day notice requirement would precede the existing five-day period to start work, Pickett said.
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Some landowners, lacking the equipment or expertise, have their county do the work or refer a contractor, he said.
Counties in the spring publish a legal notice of noxious weeds present. The notice reminds landowners that controlling them is their responsibility.
Monitoring throughout the growing season can identify non-compliant lands that warrant an individual notice.
“At that point in time, the growing season is coming to a close,” Pickett said. “The opportunity for control is getting away” as weeds start going to seed. “We pretty well need to take action or lose the opportunity for an entirely new growing season.”
Some noxious weed seeds can stay viable for 20 years, he said, and losing control of a weed one year increases eradication costs substantially in subsequent years.
Landowners are responsible for control, and “it is in all landowners’ interest to protect their property from invasive weeds, and to protect themselves from negligent neighbors,” said Pickett, a rancher.