2200 N. Merrill Fairgrounds Complex Building 1 Glendive, MT 59330 Supervisor: Joe Sharbono Phone: 406-377-6546 Fax: 406-377-7625 DAWSON COUNTY WEED MANAGAMENT PLAN 1 TABLE OF CONTENTS DAWSON COUNTY OFFICIALS, WEED BOARD AND STAFF DIRECTORY HISTORY INTRODUCTION COUNTY NOXIOUS WEED CONTROL ACT MONTANA CODE ANNOTATED RULES IMMEDIATE GOALS AND PROJECTS TO BE COMPLETED SHORT TERM GOALS AND PRIORITIES LONG TERM GOALS AND PRIORITIES STATE AND COUNTY NOXIOUS WEEDS LIST METHODS OF WEED CONTROL (PROS AND CONS) NOXIOUS WEEDS IN MONTANA (DETECTION AND IDENTIFICATION) THE SUCCESS OF THE DISTRICT I.PUBLIC EDUCATION II.MEMORANDUMS OF UNDERSTANDING, MOU'S -SAMPLE MOU III.COUNTY, STATE AND FEDERAL CONTRACTS IV.PROFESSIONAL, EDUCATED STAFF V.PROPER HERBICIDE APPLICATIONS VI.LANDOWNER PARTICIPATION VII.WEED LAW ENFORCEMENT WEED MANAGEMENT POLICY - PHASE I-VII PHASE I. COMPLAINT RECEIEVED PHASE II. VOLUNTARY COMPLIANCE PHASE III. WEED MANAGEMENT PLAN APPROVAL PHASE IV. NONCOMPLIANCE PROCEDURE PHASE V. NONCOMPLIANCE LEGAL ACTION PHASE VI. WEED MANAGEMENT PLAN FOLLOW-UP PHASE VII. EMERGENCY PROCEDURES DAWSON COUNTY OFFICIAL COMPLAINT FORM VOLUNTARY COMPLIANCE REQUEST FORM NOTICE OF NONCOMPLIANCE FORM INTRODUCTION TO LANDOWNER'S MANAGEMENT PLAN INSTRUCTIONS FOR LANDOWNER’S MANAGEMENT PLAN NOXIOUS WEED MANAGEMENT PLAN - TABLE I TABLE II DAWSON CO. NOXIOUS WEED CONTROL DISTRICT REVEGETATION PLAN ENVIRONMENTAL ACTION CHECKLIST MAPPING INSTRUCTIONS COMPLIANCE FORM FORM 94-1; 5 YEAR NOXIOUS WEED MANAGEMENT COMPLIANCE FORM EQUIPMENT RENTAL AND SPRAY RATES AVAILABLE RENTAL EQUIPMENT RENTAL EQUIPMENT AGREEMENT 4 5 7 8 17 20 21 22 23 24 26 43 44 45 46 48 48 48 49 50 52 53 53 53 53 54 54 54 55 56 57 58 59 60 61 62 64 65 66 67 68 69 70 2 The Dawson County Weed District operates under all guidelines set forth in the Dawson County Policy and Procedures Handbook. The Dawson County Weed Department is located Glendive, Montana The mailing address is 207 West Bell St, Glendive, MT 59330 Shipping address is: Dawson County Weed Department 2200 N. Merrill Fairground Complex Building #1 Glendive, MT 59330 Revised 2013 Noxious Weed Management Plan Dawson County Glendive, MT 59330 ___________________________ DAWSON COUNTY COMMISSIONER/CHAIRMAN __________ DATE ___________________________ DAWSON COUNTY COMMISSIONER __________ DATE ___________________________ DAWSON COUNTY COMMISSIONER ___________ DATE ___________________________ DAWSON COUNTY WEED BOARD CHAIRMAN __________ DATE ___________________________ DAWSON COUNTY WEED SUPERVISOR __________ DATE 3 DAWSON COUNTY OFFICIALS, WEED BOARD, AND STAFF DAWSON BOARD OF COUNTY COMMISSIONERS: Jim Skillestad Adam J. Gartner 207 West Bell St. 207 West Bell St. Doug Buxbaum Glendive, MT 59330 Glendive, MT 59330 207 West Bell St. Glendive, MT 59330 DAWSON COUNTY WEED DISTRICT BOARD OF DIRECTORS: CHAIRMAN: Dale Kreiman 92 Road 427 Lindsay, MT 59339 MEMBERS: Art Gehnert 108 2 Cottonwood Grove Glendive, MT 59330 Al Klempel Steve Hinebauch 1351 Road 523 610 Road 118 Bloomfield, MT 59315 Glendive, MT 59330 DAWSON COUNTY WEED SUPERVISOR: Joe Sharbono 207 West Bell St Glendive, MT 59330 DAWSON COUNTY WEED DISTRICT FOREMAN: Heath Craig 207 West Bell St Glendive, MT 59330 DAWSON COUNTY WEED DISTRICT ADMINISTRATIVE ASSISTANT: Michael Bacon 207 West Bell St Glendive, MT 59330 NOTE: Additional staff may be added for seasonal/temporary positions. 4 HISTORY Dawson County created its first weed budget in June of 1947. The current revised Weed Management Plan is on file at the Dawson County Weed Department. This management plan was compiled by the Weed Board and Weed Supervisor to control and reduce the current and future infestation of noxious weeds in the county. Revisions will be made as needed. The Weed Management Plan is available to the public at $5.00 per copy. Dawson County is almost 2383 square miles and is bordered by four (4) counties. Wibaux (east), Richland (north), McCone (west), and Prairie (south). There are four (4) incorporated towns in the county. They are Glendive, Richey, Bloomfield, and Lindsay. Glendive is located along the banks of the Yellowstone River. Richey is located in the northern part of the county on Highway 200. Bloomfield is located approximately half way between Richey and Glendive on FAS 254 and Lindsay is located approximately half way between Glendive and the Dawson/McCone County line on Highway 200. Most of the soil in Dawson County is heavy clay to clay loam and some sandy soil. The frost free season ranges from an average of 140 to 150 days and the precipitation ranges from an average of 12 to 14 inches per year. Irrigation along the Yellowstone River allows a variety of crops to be grown including small grains, alfalfa, pinto beans, corn and sugar beets. The livestock industry is probably the most prominent industry in Dawson County with approximately 35,000 cattle and approximately 500 sheep. Dawson County has approximately 1,300 miles of county roads and about 200 miles of Department of Transportation right-of-ways. This includes I-94, Highway 200S, Highway 200, FAS 254, FAS 335 and Highway 16. The county has a contract with Department of Transportation to control noxious weeds along their right-of-ways. There are approximately 150 miles of Burlington Northern (BN) railroad that runs through the county. At present the BN railroad uses a private contractor for weed control along their right-of-ways. Makoshika State Park is located on the South East edge of the town of Glendive. The name Makoshika (Ma-ko'-shi-ka) is a variant of the Lakota phrase meaning land of bad spirits or “badlands”. Makoshika Park is Montana’s largest state park, covering approximately 11,500 acres. Currently Dawson County has a contract to spray and control noxious weeds within the boundaries of the park. Dawson County, at times, contracts with the Buffalo Rapids Irrigation District Division 1 to control their irrigation ditches in the county. There are two divisions of the district. Division 1 serves approximately 13,300 acres of irrigable land from Fallon Montana to Glendive along the west bank of the Yellowstone River. The water is directly pumped by motor driven pumps from the Yellowstone River to the main canal. The main canals of both divisions each have many lateral systems with water control structures to distribute the water to the land. An approximate total of 62 miles of canals and 96 miles of laterals are included between the two divisions. 5 Dawson Community College is a community college that offers one year certificate programs or two years associates degree programs. Dawson Community College has approximately 400 full time students. Dawson County has a contract to control the grounds and land owned by the college Dawson County also has a contract with the Bureau of Land Management to control BLM lands and with Fish, Wildlife and Park to control their fishing access along waterways. 6 INTRODUCTION Dawson County recognizes the Montana State Weed Law and is committed to the effective management and eradication of state and county declared noxious weeds. The county assists the public and landowners as to their responsibility of controlling noxious weeds. The county continues to upgrade programs to better manage weed problems on a large scale including county, state and federal lands. Noxious weeds have a negative impact on nearly all aspects of life in Dawson County from aesthetics to actual loss of revenue. Dawson County encompasses almost 2,383 square miles, therefore, financial constraints must be considered. This plan is developed to address management criteria for the Dawson County Weed Board and Dawson County Commissioner’s review and adoption. The following Act reflects County Weed Board responsibility and authority: COUNTY NOXIOUS WEED CONTROL ACT Title 7, Chapter 22 Sections 7-22-2101 through 7-22-2154 MCA Amended 2013 http://let.mt.gov/bills/mca_toc/index.htm AND COUNTY WEED RULES Subchapter 2: Designation Of Noxious Weeds Rules 4.5.201 through 4.5.210 http://www.mtrules.org/gateway/Subchapterhome.asp?scn=4.5.2 Administrative Rules Services P.O. Box 202801 Helena, MT 59620-2801 Phone: (406) 444-2055 Fax: (406) 444-4263 7 COUNTY NOXIOUS WEED CONTROL ACT 7-22-2101. Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply: (1) "Board" means a district weed board created under 7-22-2103. (2) "Commissioners" means the board of county commissioners. (3) "Coordinator" means the person employed by the board to conduct the district noxious weed management program and supervise other district employees. (4) "Department" means the department of agriculture provided for in 2-15-3001. (5) "District" means a weed management district organized under 7-22-2102. (6) "Native plant" means a plant indigenous to the state of Montana. (7) "Native plant community" means an assemblage of native plants occurring in a natural habitat. (8) (a) "Noxious weeds" or "weeds" means any exotic plant species established or that may be introduced in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses or that may harm native plant communities and that is designated: (i) as a statewide noxious weed by rule of the department; or (ii) as a district noxious weed by a board, following public notice of intent and a public hearing. (b) A weed designated by rule of the department as a statewide noxious weed must be considered noxious in every district of the state. (9) "Person" means an individual, partnership, corporation, association, or state or local government agency or subdivision owning, occupying, or controlling any land, easement, or right-of-way, including any county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, barrow pit, or right-of-way for a canal or lateral. (10) "Weed management" or "control" means the planning and implementation of a coordinated program for the containment, suppression, and, where possible, eradication of noxious weeds. 7-22-2102. Weed management districts established. A weed management district shall be formed in every county of this state and shall include all the land within the boundaries of the county, except that a weed management district may include more than one county through agreement of the commissioners of the affected counties. 7-22-2103. District weed board -- appointment -- commissioner powers. (1) The commissioners shall appoint a district weed board subject to the provisions of 7-1-201 through 7-1-203. (2) Upon a recommendation from the weed board, the commissioners may appoint a weed coordinator. (3) The commissioners shall approve, approve with revisions, or reject a weed management plan submitted pursuant to 7-22-2121. 7-22-2104. Repealed. 7-22-2105. Repealed. 7-22-2106. Renumbered . 7-22-2115 7-22-2107. Renumbered . 7-22-2116 7-22-2108. Renumbered . 7-22-2117 7-22-2109. Powers and duties of board. (1) In addition to any powers or duties established in the resolution creating a district weed board, the board may: (a) supervise a coordinator and other employees and provide for their compensation; (b) purchase chemicals, materials, and equipment and pay other operational costs necessary for implementing an effective noxious weed management program. The costs must be paid from the noxious 8 weed fund. (c) determine what chemicals, materials, or equipment may be made available to persons controlling weeds on their own land. The cost for the chemicals, materials, or equipment must be paid by the person and collected as provided in this part. (d) enter into agreements with the department for the control and eradication of any new exotic plant species not previously established in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial use if the plant species spreads or threatens to spread into the state; (e) enter into cost-share agreements for noxious weed management; (f) enter into agreements with commercial applicators, as defined in 80-8-102, for the control of noxious weeds; (g) request legal advice and services from the county attorney; and (h) perform other activities relating to weed management. (2) The board shall: (a) administer the district's noxious weed management program; (b) establish management criteria for noxious weeds on all land within the district; and (c) make all reasonable efforts to develop and implement a noxious weed management program covering all land within the district owned or administered by a federal agency. 7-22-2110. Repealed. 7-22-2111. Liability restrictions. A district is liable for damages caused by its use of herbicides only for an act or omission that constitutes gross negligence. The provisions of 2-9-305 apply to board members, coordinators, and employees of a district. 7-22-2112. Information on herbicide use. The district must provide information on protective clothing, health hazards, and proper application techniques to mixers, loaders, and applicators of herbicides and make the information available for review by the public at the district office. 7-22-2113 through 7-22-2114 reserved 7-22-2115. Noxious weeds and seeds declared nuisance. Noxious weeds and the seed of any noxious weed are hereby declared a common nuisance. 7-22-2116. Unlawful to permit noxious weeds to propagate -- notice required in sale. (1) It is unlawful for any person to permit any noxious weed to propagate or go to seed on the person's land, except that any person who adheres to the noxious weed management program of the person's weed management district or who has entered into and is in compliance with a noxious weed management agreement is considered to be in compliance with this section. (2) When property is offered for sale, the person who owns the property shall notify the owner's agent and the purchaser of: (a) the existence of noxious weed infestations on the property offered for sale; and (b) the existence of a noxious weed management program or a noxious weed management agreement as provided in subsection (1). 7-22-2117. Violations. (1) Any person who interferes with the board or its authorized agent in carrying out the provisions of this part or who refuses to obey an order or notice of the board is liable for a civil penalty in the amount of the actual cost to the board or the estimated cost of removing the noxious weeds from the impacted property in addition to any penalty imposed under 7-22-2134. (2) All fines, bonds, and penalties collected under the provisions of this part must be paid to the county 9 treasurer of each county and placed by the county treasurer into a fund to be known as the noxious weed fund. 7-22-2118 through 7-22-2119 reserved. 7-22-2120. Funding -- reporting requirements -- emergency exemption. (1) (a) Before a district applies to the state for state or federal funding, the district shall provide the department with a weed management plan, as provided in 7-22-2121, and with a copy of the resolution creating the board. (b) After the initial submission of the weed management plan, the district's weed management plan must be updated and submitted to the department every 2 years. (c) The department may adopt rules and procedures necessary to implement this section. The rules may not impair the ability of the district to meet its responsibilities. (2) The department may exempt a district from the requirements of subsection (1) if a noxious weed emergency is declared by the governor as provided in 80-7-815. 7-22-2121. Weed management program. (1) The noxious weed management program must be based on a plan approved by the board and the commissioners. (2) The noxious weed management plan must: (a) specify the goals and priorities of the program; (b) review the distribution and abundance of each noxious weed species known to occur within the district and specify the locations of new infestations and areas particularly susceptible to new infestations; (c) specify pesticide management goals and procedures, including but not limited to water quality protection, public and worker safety, equipment selection and maintenance, and pesticide selection, application, mixing, loading, storage, and disposal; and (d) estimate the personnel, operations, and equipment costs of the proposed program; (e) develop a compliance plan or strategy; and (f) incorporate cooperative agreements established pursuant to 7-22-2151. (3) The board shall provide for the management of noxious weeds on all land or rights-of-way owned or controlled by a county or municipality within the district. It shall take particular precautions while managing the noxious weeds to preserve beneficial vegetation and wildlife habitat. When possible, management must include cultural, chemical, and biological methods. (4) The board may establish special management zones within the district. The management criteria in those zones may be more or less stringent than the general management criteria for the district. 7-22-2122. Repealed. 7-22-2123. Repealed. 7-22-2124. Repealed. 7-22-2125. Repealed. 7-22-2126. Embargo. (1) The board may establish embargo programs to reduce the spread of noxious weeds within the district or the introduction of noxious weeds into the district. (2) The board shall establish a special embargo program for the movement of forage, as defined in 80-7-903, into or out of the county. The board may implement an embargo upon confirmation of a violation, based upon complaint investigations, requests for investigation by the department, or through county investigations, if the forage has not been certified by the state and is being sold as noxious weed seed free, as defined in 80-7-903. (3) A person in possession of the forage that is not in compliance with Title 80, chapter 7, part 9, may not transport or dispose of the forage as noxious weed seed free that is subject to embargo until written permission is obtained from the board. If the forage that is subject to embargo meets the requirements of the 10 state certification program and the department verifies compliance with the program, the board shall release the embargo. The forage may also be released if the board: (a) verifies the guaranteed delivery back to the original producer, as defined in 80-7-903; (b) approves burning or disposal of the forage; or (c) approves other alternatives. (4) The board shall report all embargoes issued and the final resolution of an embargo imposed pursuant to a violation of Title 80, chapter 7, part 9, to the department within 48 hours. (5) The person in possession of forage subject to embargo shall comply with the conditions approved by the board within 30 days. If resolution is not accomplished, the board may condemn the forage and implement through its employees the conditions in this section. If the board proceeds with correction of these conditions after 30 days, all actual expenses incurred and documented by the board are payable by the producer unless the person in possession of the forage also has an interest in the forage. 7-22-2127. Repealed. 7-22-2128 through 7-22-2129 reserved. 7-22-2130. Weed district coordinator training. Within the limitations of available funds, the board shall ensure that the weed district coordinator obtains training to properly implement the noxious weed management program described in 7-22-2121. The department shall specify through rulemaking the level and type of training necessary to fulfill this requirement. 7-22-2131. Noncompliance with weed control requirements -- general notice. (1) (a) If a complaint is made against a landowner or if the board has reason to believe that noxious weeds are present on a landowner's property, the board shall notify the landowner by certified mail of the complaint and shall request permission for the board's agent to enter the property to conduct an inspection. (b) If the landowner has an agent for service on file with the secretary of state, the notice must be given by certified mail to the registered agent. (c) The landowner or the landowner's representative shall respond within 10 days of receipt of the notice. (2) (a) If the board's agent and the landowner or landowner's representative agree to an inspection, the agent and the landowner or representative shall inspect the land at an agreed-upon time. (b) The board or the board's agent may seek a court order to enter and inspect the land to determine if noxious weeds are present on the property if: (i) within 10 days of sending the certified letter to the address on the tax records or to the agent for service, the board is unable to determine the owner of the property; or (ii) the letter cannot be delivered because the landowner or the landowner's representative refuses to sign the receipt or does not reside on the property. (3) If the board finds noxious weeds on the property during the inspection, the board shall: (a) seek the landowner's or representatives voluntary compliance with the district weed management program in accordance with 7-22-2132; or (b) if voluntary compliance is not obtained, notify the landowner or the landowner's representative by certified mail that noxious weeds were found on the property. (4) The notice must contain the language specified in this section. (5) If the board believes it is advisable, the board may post a dated order in a conspicuous place on the property providing notice that noxious weeds have been found on the property and informing the landowner or landowner's representative of the options for complying with the weed management program pursuant to 7-22-2132 and the actions that may be taken under 7-22-2134 if the landowner fails to comply with the weed management program. (6) All correspondence with a landowner or the landowner's representative concerning notifications of 11 weed infestations, including requests made pursuant to subsection (1) to inspect property and notifications of noncompliance, must be made on the uniform notification material provided by the department and must: (a) list the noxious weeds found on the property; (b) provide the legal description of the property; (c) provide the address of the property, if available; (d) state the fact that the presence of the weeds violates state law and that the landowner has 10 days after receiving the notice to contact the board or its agent; (e) provide the address and phone number for the board; (f) notify the landowner of the landowner's: (i) responsibility to submit a weed management proposal; and (ii) right to request a hearing to contest the finding of noncompliance, including the timeframe for making the request; and (g) specify the actions the board may take if the landowner fails to remove the weeds, including but not limited to the anticipated costs of destroying the weeds and the 25% penalty allowed under 7-22-2134. 7-22-2132. Procedures for compliance. (1) A landowner is in compliance with this part if the landowner submits and the board accepts a written weed management proposal to undertake specific control measures, and the landowner remains in compliance if the terms of the proposal are met. The proposal must require that the landowner or the landowner's representative notify the board as measures in the proposal are taken. (2) In accepting or rejecting a weed management proposal, the board shall consider the economic impact on the landowner and neighboring landowners, practical biological and environmental limitations, and alternative control methods to be used. 7-22-2133. Noncompliance -- actions for landowners. (1) If the board is unable to obtain the landowner's voluntary compliance with the weed management program within 10 days of the landowner's receipt of the notification, the landowner is considered to be in noncompliance and is subject to appropriate control measures pursuant to 7-22-2134. (2) (a) Within 10 days after receiving notice to comply with the weed management program, the landowner may request a hearing before the commissioners if the landowner disagrees with the weed control measures proposed by the board. (b) If the landowner's objection to the board's action remains after the hearing, the landowner has 10 days to appeal the commissioners' decision to the district court with jurisdiction in the county in which the property is located. (3) If the landowner has requested a hearing pursuant to subsection (2) (a) or has appealed a hearing decision pursuant to subsection (2) (b), the board may not take any action to control the noxious weeds until after the hearing and authorization is provided from the commissioners or the court. 7-22-2134. Noncompliance -- actions by board. (1) The board may seek a court order to enter upon the infested parcels of the landowner's property if attempts to achieve voluntary compliance have been exhausted. The board may institute appropriate noxious weed control measures, including but not limited to: (a) allowing the local weed district coordinator to implement the appropriate noxious weed control measures if the actions taken are valued at the current rate paid for commercial management operations in the district and are reflected in the bill sent to the landowner and the clerk and recorder; or (b) contracting with a commercial applicator as defined in 80-8-102 if the issues of compliance are not resolved under an agreement proposed and accepted pursuant to 7-22-2132 and: (i) the landowner does not take corrective action within the 10-day period provided for in 7-22-2133; or (ii) the board does not receive a formal objection or the board of county commissioners does not receive a request for a hearing. (2) A commercial applicator hired under this section shall carry all insurance required by the board. 12 (3) If a court issues an order approving a board's actions, the court retains jurisdiction over the matter: (a) until the actions specified in the weed management plan or court order are complete; (b) for the length of time specified in the order; or (c) for 3 years if the order does not specify a time limit. (4) After instituting appropriate noxious weed control measures, the board shall submit a copy of the bill, including the penalty provided for in subsection (4)(b), to the county clerk and recorder and, by certified mail, to the landowner that: (a) covers the costs of the weed control measures; (b) contains a penalty of 25% of the total cost incurred; (c) itemizes the hours of labor, cost of material, equipment time, legal fees, and court costs or includes an invoice from a commercial applicator if the board contracted for weed control pursuant to subsection (1); and (d) specifies that payment is due 30 days from the date the bill is received. (5) If a landowner who received a notice to take corrective action requests an injunction or seeks to stay the corrective action in district court within 10 days of receipt of the notice, the board may not institute control measures until the matter is finally resolved, except in emergency situations. (6) If the board declares an emergency and institutes appropriate measures to control the noxious weeds, the landowner who received the order is liable for costs as provided in subsection (4) only to the extent determined appropriate by the board, the board of county commissioners, or the court that finally resolves the matter. 7-22-2135 through 7-22-2140 reserved. 7-22-2141. Noxious weed fund. (1) The commissioners shall create a noxious weed fund to be used only for purposes authorized by this part. (2) The fund must be maintained by the county treasurer in accordance with 7-6-2111. 7-22-2142. Sources of money for noxious weed fund. (1) The commissioners may provide sufficient money in the noxious weed fund for the board to fulfill its duties, as specified in 7-22-2109, by: (a) appropriating money from any source in an amount not less than $100,000 or an amount equivalent to 1.6 mills levied upon the taxable value of all property; and (b) subject to 15-10-420 and at any time fixed by law for levy and assessment of taxes, levying a tax of not less than 1.6 mills on the taxable value of all taxable property in the county. The tax levied under this subsection must be identified on the assessment as the tax that will be used for noxious weed control. (2) The proceeds of the noxious weed control tax or other contribution must be used solely for the purpose of managing noxious weeds in the county and must be deposited in the noxious weed fund. (3) Any proceeds from work or chemical sales must revert to the noxious weed fund and must be available for reuse within that fiscal year or any subsequent year. (4) The commissioners may accept any private, state, or federal gifts, grants, contracts, or other funds to aid in the management of noxious weeds within the district. These funds must be placed in the noxious weed fund. (5) Subject to 15-10-420, the commissioners may impose a tax for weed control within a special management zone as provided in 7-22-2121 (4). For the purposes of imposing the tax, the special management zone boundaries must be established by the board and approved by a majority of the voters within the special management zone. Pursuant to an election held in accordance with 15-10-425, the amount of the tax must be approved by a majority of the voters within the special management zone, and approval of the zone and the tax may occur simultaneously. Revenue received from a special management zone tax must be spent on weed management projects within the boundaries of the special management zone. 13 7-22-2143. Determination of cost of weed control program. Based on the board's recommendations, the commissioners shall determine and fix the cost of the control of noxious weeds in the district, whether the same be performed by the individual landowners or by the board. 7-22-2144. Payment of cost of weed control program. The total cost of weed control within the district must be paid from the noxious weed fund. The cost of controlling weeds growing along the right-of-way of a state or federal highway must, upon the presentation by the board of a verified account of the expenses incurred, be paid from the state highway fund in compliance with 7-14-2132 and any agreement between the board and the department of transportation. Costs attributed to other lands within the district must be assessed to and collected from the responsible person as set forth in 7-22-2134. 7-22-2145. Expenditures from noxious weed fund. (1) The noxious weed fund must be expended by the commissioners at the time and in the manner as is recommended by the board to secure the control of noxious weeds. (2) Warrants upon the fund must be drawn by the board. Warrants may not be drawn except upon claims duly itemized by the claimant, except payroll claims that must be itemized and certified by the board, and each claim must be presented to the commissioners for approval before the warrant is countersigned by the commissioners. 7-22-2146. Financial assistance to persons responsible for weed control. (1) The commissioners, upon recommendation of the board, may establish a cost-share program for the control of noxious weeds. The board shall develop rules and procedures for the administration of the cost-share program. These procedures may include the cost-share rate or amount and the purposes for which cost-share funds may be used. (2) (a) Any person may voluntarily enter into a cost-share agreement for the management of noxious weeds on the person's property. The coordinator shall draft a cost-share agreement in cooperation with the person. The agreement must, in the board's judgment, provide for effective weed management. (b) The agreement must specify: (i) costs that must be paid from the noxious weed fund; (ii) costs that must be paid by the person; (iii) a location-specific weed management plan that must be followed by the person; and (iv) reporting requirements of the person to the board. (c) The cost-share agreement must be signed by the person and, upon approval of the board, by the presiding officer. (3) The agreement must contain a statement disclaiming any liability of the board for any injuries or losses suffered by the person in managing noxious weeds under a cost-share agreement. If the board later finds that the person has failed to abide by the terms of the agreement, all cost-share payments and agreements must be canceled and the provisions of 7-22-2134 apply to that person. (4) (a) When under the terms of any voluntary agreement, whether entered into pursuant to 7-22-2132 or otherwise, or under any cost-share agreement entered pursuant to this section a person incurs any obligation for materials or services provided by the board, the board shall submit a bill to the person, itemizing hours of labor, material, and equipment time. The bill must specify and order a “payment due date” not less than 30 days from the date the bill is sent. (b) A copy of the bill must be submitted by the board to the county clerk and recorder. If the sum to be repaid by the person billed is not repaid on or before the date due, the county clerk and recorder shall certify the amount not repaid, with the description of the land to be charged, and shall enter the sum on the assessment list as a special tax on the land, to be collected in the manner provided in 7-22-2148. 7-22-2147. Repealed. 14 7-22-2148. Payment of weed control expenses -- tax liability. (1) The expenses incurred by the board for noxious weed control undertaken pursuant to 7-22-2134 must be paid by the county out of the noxious weed fund. (2) If the sum to be repaid by the landowner billed under 7-22-2134 is not repaid on or before the date due, the county clerk shall certify the amount due, with the description of the land to be charged, and shall enter the amount on the assessment list of the county as a special tax on the land. If the land is exempt from general taxation for any reason, the amount due and to be repaid may be recovered by direct claim against the landowner and collected in the same manner as personal taxes. (3) All amounts collected pursuant to subsection (2) must be deposited in the noxious weed fund. 7-22-2149. Repealed. 7-22-2150. Cooperation with state and federal-aid programs. The board may cooperate with any state or federal-aid program that becomes available if the district complies with 7-22-2120. Under a plan of cooperation, the direction of the program must be under the direct supervision of the board of the district in which the program operates. 7-22-2151. Cooperative agreements. (1) A state agency that controls land within a district, including the department of transportation; the department of fish, wildlife, and parks; the department of corrections; the department of natural resources and conservation; and the university system, shall enter into a written agreement with the board. The agreement must specify mutual responsibilities for integrated noxious weed management on state-owned or state-controlled land within the district. The agreement must include the following: (a) an integrated noxious weed management plan, which must be updated biennially; (b) a noxious weed management goals statement; (c) a specific plan of operations for the biennium, including a budget to implement the plan; and (d) a provision requiring a biennial performance report by the board to the state weed coordinator in the department of agriculture, on a form to be provided by the state weed coordinator, regarding the success of the plan. (2) The board and the governing body of each incorporated municipality within the district shall enter into a written agreement and shall cooperatively plan for the management of noxious weeds within the boundaries of the municipality. The board may implement management procedures described in the plan within the boundaries of the municipality for noxious weeds only. Control of nuisance weeds within the municipality remains the responsibility of the governing body of the municipality, as specified in 7-22-4101. (3) A board may develop and carry out its noxious weed management program in cooperation with boards of other districts, with state and federal governments and their agencies, or with any person within the district. The board may enter into cooperative agreements with any of these parties. (4) Each agency or entity listed in subsection (1) shall submit a statement or summary of all noxious weed actions that are subject to the agreement required under subsection (1) to the state weed coordinator and shall post a copy of the statement or summary on a state electronic access system. 7-22-2152. Revegetation of rights-of-way and areas that have potential for noxious weed infestation. (1) Any person or state agency proposing a mine, a major facility under Title 75, chapter 20, an electric, communication, gas, or liquid transmission line, a solid waste facility, a highway or road, a subdivision, a commercial, industrial, or government development, or any other development that needs state or local approval and that results in the potential for noxious weed infestation within a district shall notify the board at least 15 days prior to the activity. (2) Whenever any person or agency constructs a road, irrigation or drainage ditch, a pipeline, an electric, communication, gas, or liquid transmission line, or any other development on an easement or right-of-way, 15 the board shall require that the areas be seeded, planted, or otherwise managed to reestablish a cover of beneficial plants. (3) (a) The person or agency committing the action shall submit to the board a written plan specifying the methods to be used to accomplish revegetation at least 15 days prior to the activity. The plan must describe the time and method of seeding, fertilization practices, recommended plant species, use of weed-free seed, and the weed management procedures to be used. (b) The plan is subject to approval by the board, which may require revisions to bring the revegetation plan into compliance with the district weed management plan. The activity for which notice is given may not occur until the plan is approved by the board and signed by the presiding officer of the board and by the person or a representative of the agency responsible for the action. The signed plan constitutes a binding agreement between the board and the person or agency. The plan must be approved, with revisions if necessary, within 10 days of receipt by the board. 7-22-2153. Agreements for control of noxious weeds along roads -- liability of landowner who objects to weed district control measures -- penalties. (1) The board may enter into an agreement with a landowner that allows the landowner to manage noxious weeds along a state or county highway or road that borders or bisects the landowner's property. (2) The agreement must be signed by the landowner and the board's presiding officer. An agreement involving a state highway right-of-way must also be signed by a representative of the department of transportation. (3) The agreement must contain a statement disclaiming any liability of the board and, if applicable, the department of transportation for any injuries or losses suffered by the landowner or anyone acting on behalf of the landowner in managing noxious weeds pursuant to the agreement. The signed agreement transfers responsibility for managing noxious weeds on the specified section of right-of-way from the board to the landowner who signed the agreement. (4) If the landowner violates the agreement, the board shall issue an order informing the landowner that the agreement will be void and that responsibility for the management of noxious weeds on the right-of-way will revert to the board unless the landowner complies with the agreement within a specified time period. (5) (a) If a landowner objects to weed control measures along a state or county highway or road that borders or bisects the landowner's property and does not enter into an agreement pursuant to this section and if the board finds that the person has failed to provide alternative weed control, the board shall issue an order informing the landowner that the management of noxious weeds on the right-of-way will be undertaken by the board unless the landowner provides to the board an acceptable plan of alternative weed control within 30 days. (b) Failing to provide alternative weed control pursuant to subsection (5)(a) is a misdemeanor. Upon conviction, an offender shall be sentenced pursuant to 46-18-212 and assessed the costs of weed control provided by the board. A second or subsequent conviction is punishable by a fine of not less than $500 or more than $2,000, plus the costs of weed control provided by the board. 7-22-2154. Public purchase or receipt of property -- weed management plan. (1) Except as provided in subsection (4), prior to the purchase of real property with public funds or the receipt of real property by a nonfederal public entity, the purchaser or grantee shall have the property inspected by the county weed management district. The county weed management district's report regarding the property must be filed with the purchaser or grantee. The costs associated with the inspection must be borne by the seller or grantor. (2) If the report indicates that there are noxious weeds present on the property, the purchaser, seller, grantee, or grantor shall develop a noxious weed management agreement to ensure compliance with the district noxious weed management program. However, unless the parties agree otherwise, a seller or grantor is obligated by a noxious weed agreement only until the property sale or transfer is completed. Except as 16 provided in subsection (4), the weed management agreement must be incorporated into the purchase agreement. (3) The provisions of this section do not apply to: (a) the state acquisition or disposition of a public right-of-way pursuant to Title 60, chapter 4; or (b) lands sold or purchased through land banking pursuant to 77-2-361 through 77-2-367. (4) If a transfer of property will occur during the winter months when the ability to identify noxious weeds is significantly reduced by snow cover, the purchaser, seller, grantee, or grantor may request a 6-month extension for completion of the inspection and any noxious weed management agreement that may be required. If, upon inspection, it is determined that a noxious weed management agreement is necessary, unless otherwise agreed by the parties, the purchaser or grantee is responsible for implementing the provisions of that agreement. RULES COUNTY NOXIOUS WEED LIST SUB-CHAPTER 2 DESIGNATION OF NOXIOUS WEEDS 4.5.201. DESIGNATION OF NOXIOUS WEEDS. The department designates certain exotic plants listed in these rules as statewide noxious weeds under the County Weed Control Act 7-22-2101 (5) MCA. All counties must implement management criteria developed under 7-22-2109 (2) b. of the act. The department established three categories of the noxious weeds. 4.5.202. Category 1 (Repealed) 4.5.203. Category 2 (Repealed) 4.5.204. Category 3 (Repealed) 4.5.205. Category 4 Watch List (Repealed) 4.5.206. Priority 1A (1) These weeds are not present in Montana. Management criteria will require eradication if education, and prevention: (a) Yellow starthistle (Centaurea solstitialis). detected, 17 4.5.207. Priority 1B (1) These weeds have limited presence in Montana. Management criteria will require eradication or containment and education: (a) Dyer's woad (Isatis tinctoria); (b) Flowering rush (Butomus umbellatus); (c) Japanese knotweed complex (Polygonum spp.); (d) Purple loosestrife (Lythrum spp.); (e) Rush skeletonweed (Chondrilla juncea); (f) Eurasian watermilfoil (Myriophyllum spicatum); (g) Scotch broom (Cytisus scoparius); (h) Curlyleaf pondweed (Potamageton crispus). 4.5.208. Priority 2A (1) These weeds are common in isolated areas of Montana. Management criteria will require eradication or containment where less abundant. Management shall be prioritized by local weed districts: (a) Tansy ragwort (Senecio jacobaea); (b) Meadow hawkweed complex (Hieracium spp.); (c) Orange hawkweed (Hieracium aurantiacum); (d) Tall buttercup (Ranunculus acris); (e) Perennial pepperweed (Lepidium latifolium); (f) Yellowflag iris (Iris pseudacorus); (g) Blueweed (Echium vulgare); (h) Hoary alyssum (Berteroa incana). 4.5.209. Priority 2B (1) These weeds are abundant in Montana and widespread in many counties. Management criteria will require eradication or containment where less abundant. Management shall be prioritized by local weed districts: (a) Canada thistle (Cirsium arvense); (b) Field bindweed (Convolvulus arvensis); (c) Leafy spurge (Euphorbia esula); (d) Whitetop (Cardaria draba); (e) Russian knapweed (Centaurea repens); (f) Spotted knapweed (Centauria stoebe or maculosa); (g) Diffuse knapweed (Centaurea diffusa); (h) Dalmatian toadflax (Linaria dalmatica); (i) St. Johnswort (Hypericum perforatum); (j) Sulfur cinquefoil (Potentilla recta); (k) Common tansy (Tanacetum vulgare); (l) Oxeye daisy (Leucanthemum vulgare); (m) Houndstongue (Cynoglossum officinale); (n) Yellow toadflax (Linaria vulgaris); (o) Saltcedar (Tamarix spp.). 18 4.5.210. Priority 3 Regulated Plants (Not Montana Listed Noxious Weeds) (1) These regulated plants have the potential to have significant negative impacts. The plant may not be intentionally spread or sold other than as a contaminant in agricultural products. The state recommends research, education, and prevention to minimize the spread of the regulated plant: (a) Cheatgrass (Bromus tectorum); (b) Hydrilla (Hydrilla verticillata); (c) Russian olive (Elaeagnus angustifolia). 19 The Dawson County Weed District has developed goals and priorities in conjunction with the County Noxious Weed Control Act, Title 7, Chapter 22 Montana Code Annotated 2011, and Administrative Rules 4.5.201 through 4.5.210 State of Montana, Department of Agriculture. IMMEDIATE GOALS AND PROJECTS TO BE COMPLETED Continue weed law enforcement. Update all files and perform related computer entries. Complete all other daily duties and contracts as required. Get more cooperation from landowners from the entire county. Update prices for chemical, rental units, applicators to a breakeven point. 20 SHORT TERM GOALS AND PRIORITIES District supervisor and staff shall be available for programs in noxious weed education and IPM (integrated pest management) to all groups in the District. Establish effective management criteria for Categories 1A, 1B, 2A & 2B noxious weeds of the Montana Department of Agriculture Noxious Weed Management Rules within the boundaries of Dawson County. Continue to chemically control noxious weeds on county rights-of-way. Promote professional, well-educated staff and high quality information and educational materials on weed management, using all available resources. Assist with biological control research and releases. Take all necessary action, including weed law enforcement and posting, to control the noxious weed spread in Dawson County. Hold yearly crew training covering environmental, chemical and safety issues. Upon request, if resources are available, the Weed District will contract and carry out work for additional agencies or private landowners under enforcement action. Target eradication for Category 2A & 2B noxious weeds wherever possible and/or feasible. The Weed Board shall take timely action on administrative hearings and appeals whenever a person is adversely affected by a notice, action or order of the District Board or Supervisor and the Board shall follow procedures set forth in Sec. 7-22-2110 of the MCA. Gravel pits and piles belonging to Dawson County and private ownership shall be targeted for noxious weed eradication. The Board or Supervisor can require that noxious weeds be controlled before gravel is removed from these sites. Closures may take effect if compliance is not obtained. Any state agency or local government unit approving a mine, major facility, transmission line, solid waste facility, highway, subdivision, or any other development resulting in significant disturbance of land within the District shall notify the Board to obtain a re-vegetation plan prior to disturbance. By Board approval, alternative management criteria may be set in conjunction with grant involvement or special management zones. 21 LONG TERM GOALS AND PRIORITIES (5 YEARS) Upgrade chemical loading system and develop wash pad to meet or exceed standards to be set by the Environmental Protection Agency in 1996. Develop our own insectaries to increase biological control releases in Dawson County. Eradicate and maintain that status for all category 2B noxious weeds in the District. Try to increase anticipated income by accepting additional agency contracts. Have enforcement program completely in effect, acceptable to all parties and be successfully implemented. 22 STATE AND COUNTY NOXIOUS WEEDS LIST The following list of noxious weeds as declared by the State of Montana and the Dawson County Weed District: Priority 1A 1. Yellow Starthistle Priority 1B 1. Dyers Woad 2. Purple Loosestrife 3. Rush Skeletonweed 4. Scotch Broom 5. Flowering Rush 6. Curleyleaf Pondweed 7. Japanese Knotweed Complex 8. Eruasian Watermilfoil Priority 2A 1. Tansy Ragwort 2. Tall Buttercup 3. Perennial Pepperweed 4. Orange Hawkweed 5. Yellowflag Iris 6. Blueweed 7. Hoary Alyssum 8. Meadow Hawkweed Complex Priority 2B 1. Saltcedar (Tamarix) 2. Field Bindweed 3. Dalmation Toadflax 4. Canada Thistle 5. St. John’swort 6. Whitetop 7. Yellow Toadflax 8. Leafy Spurge 9. Sulfer Cinquefoil 10. Common Tansy 11. Russian Knapweed 12. Oxeye Daisy 13. Spotted Knapweed 14. Houndstounge 15. Diffuse Knapweed Regulated Weeds 1. Russian Olive 2. Cheatgrass 3. Hydrilla The Dawson County Weed District also controls any nuisance weeds, bare ground sterilization, and town lots within city limits. Financial reimbursement will come from landowning agencies when nuisance weeds are controlled. 23 METHODS OF WEED CONTROL (PROS AND CONS) The five methods of noxious weed control will be explained as well as the advantages or disadvantages of initiating a particular method. 1. PREVENTION: The practice of not allowing noxious weeds to become established. Prevention is the most effective, economical and desired weed control practice. Practices include the use of certified seed, weed seed free hay, clean gravel, soil and fill dirt, maintaining fence rows & irrigation ditches in all non-crop areas that are weed free. Always reseed areas that have been disturbed. ADVANTAGES: DISADVANTAGES: 2. CULTURAL CONTROL: The integration of components to minimize the impact of weeds by selecting manageable fields, rotating crops, disrupting weed life cycles, planting competitive crops and altering planting dates. ADVANTAGES: DISADVANTAGES: 3. Decreased weed populations and environmentally sound. May be difficult to manage, some competitive crops are expensive. MECHANICAL: Using methods to physically remove target weeds. Cultivation, hoeing, hand pulling, and mowing are commonly used. The use of cultivation is usually limited to farm/crop land and must be persistently cultivated to control perennial weed species. ADVANTAGES: DISADVANTAGES: 4. Affordable and environmentally sound. May be difficult to find weed free materials. Pulling can be effective on new, small infestations. It is environmentally sound and can create good seed bed for immediate competitive crop planting. Mowing and plowing can further spread of weed seeds. Weed seed beds can be established if re-vegetation does not take place in a timely fashion. Can be moderately expensive, and may lead to erosion. BIOLOGICAL: Involves the introduction and establishment of selected natural enemies of a particular weed species. This may include insects, fungi, and diseases that attack the target weed while not affecting desirable species. Effective bio-control depends on the use of several insects that attack different plant parts. It should also increase as insects become more available. ADVANTAGES: DISADVANTAGES: 24 hour control once established, very environmentally sound. Difficult to acquire insects and to promote the establishment of them. It can be expensive, up to $1.00 per insect. Results are slow and can months or years to take noticeable effect. 24 5. 6. CHEMICAL CONTROL: The use of herbicides to control noxious weeds. Chemical control is the most commonly used method of weed control. If used properly, herbicides are a very effective means of control. Although chemicals can be expensive, they are still one of the most economic methods of control once weeds become established. ADVANTAGES: Good and fast acting results if used properly. Not as labor intensive as other methods. DISADVANTAGES: Chemical resistance. Environmental concerns if label isn't properly followed. Weather and other circumstances can delay application. INTEGRATED PEST MANAGEMENT: This control method itself seldom provides complete control. Integrated pest management (IPM), is approaching weed control by combing two or more methods to improve results. The Dawson County Weed District provides a sound IPM approach, with detailed involvement in all methods of weed control. ADVANTAGES: Fast acting and thorough results. DISADVANTAGES: Can be expensive. 25 NOXIOUS WEEDS IN MONTANA DETECTION AND IDENTIFICATION 26 Leafy Spurge (Euphorbia Esula) Common Names: Wolf's Milk Description Leafy spurge is a long living perennial with an incredibly vigorous root system. The extensive roots of the spurge plant can reach depths of 30 feet and contain nutrients that will sustain the plant for long periods of time. The brownish roots have pink buds on them, each of which develops into new shoots. This allows the plant to reproduce by seed and by root. Seedlings resemble small pine trees and closely resemble yellow toadflax seedlings as well. All parts of the plant, when broken off, will produce a milky sap. Stems of the plant can grow up to three feet in height and have alternate, narrow, smooth margined leaves. Leaves and stems are a bluish-green in color. Depending on climate, flowers will start blooming in early June. Flowers are a yellowgreen color and arranged in clusters containing seven to ten flowers. The showy, heart shaped yellow bracts surround the flower. When this plant goes to seed, it produces grayish-brown oblong seeds in a three-celled capsule. At maturity, these capsules explode launching seeds up to fifteen feet from the parent plant. Key Features Look for dark roots with pink buds on them, and break apart any part of this plant and you’ll find milky white latex. Once recognized, leafy spurge is easily identified by its distinctive yellow-green flowers. Habitat Leafy spurge is a flexible plant that tolerates extremely dry to extremely wet soil conditions. It can often be found along waterways and irrigation ditches, but also found in draws and sagebrush. It grows in a wide variety of soil types but is most abundant in sandy or gravelly soils and in arid conditions. Currently found in the following counties: All counties in Montana Interesting Facts Leafy spurge is toxic to cattle and horses; however, targeted grazing with sheep has proven to be a very effective integrated control measure. Leafy spurge first appeared in the U.S. in 1827 in Massachusetts and has doubled its coverage every decade for the past 100 years. Commonly Confused Plants: Yellow Toadflax at early stages 27 Diffuse Knapweed (Centaurea Diffusa) Common Names: White Knapweed, Spreading Knapweed, Tumble Knapweed Description One of three invasive, state-listed knapweeds in Montana, diffuse knapweed is an annual, biennial or short-lived perennial plant. It can grow up to two feet in height and has a single taproot. The rosette consists of greatly divided and feathery looking leaves that are covered with small hairs. On the stem, leaves become alternate, smaller and less divided. They are lance-shaped and grayish-green in color. Stems are multi-branched and hairy as well. Stems and leaves are covered with fine, cobweb-type hairs. Numerous flowers are produced singly or in clusters of two or three at the end of the stems. Flowers tend to be white, but due to hybridization with other knapweeds, flowers can also be pink to purple. Triangular bracts are pale yellow green in color and have spine tips. Seeds are oval, dark colored, do not have a pappus, and are contained in small fruits; this plant reproduces entirely by seed. Each plant can produce up to 18,000 seeds annually. Key Features Lower leaves with cobweb-type hairs, white flowers most of the time, spine-tipped bracts at the base of the flower. Habitat Diffuse knapweed is generally found on light, dry, porous soils. It prefers semi-arid to arid conditions and therefore, is not commonly found on irrigated lands. This plant will grow in open sunshine or shady areas. Diffuse knapweed can be found in grasslands, forests, right-of-ways, riverbanks, rangelands, and disturbed lands in both rural and urban environments. Interesting Facts Diffuse knapweed will not tolerate flooding or shady areas. When handling diffuse knapweed, be sure to wear gloves as in some folks, this plant can cause a rash to occur. Commonly Confused Plants: Many native members of Asteraceae resemble knapweed in the rosette stage. 28 Purple Loosestrife (Lythrum Salicaria and L. Virgatum) Common Names: Purple Lythrum, Bouquet-voile, Spiked Loosestrife Description Purple loosestrife is a perennial that can grow up to ten feet in height and typically prefers moist or riparian habitat. Due to the numerous four-sided stems that are green to purple in appearance, this plant appears woody and bush-like in appearance. Clasping leaves have smooth margins, are lance shaped, and are heartshaped or rounded at the base. Purple loosestrife leaves and stems are covered by downy fine hairs, and leaves are whorled or alternate on the stem. In autumn with dehydration, the leaves of purple loosestrife turn red in color. The showy purple to magenta colored flowers is clustered on a long spike that can extend two inches to three feet down the stem called a raceme. Each flower has five to seven petals and blooms from June to September. Seeds burst at maturity around late July or early August, with each stem producing up to three million tiny seeds per year. Purple loosestrife has a dense, woody, and extensive root system. This root system and the prolific seed production results in rapid spread of loosestrife. In addition, stems of the plant that are broken off or disturbed often grow shoots. Key Features The square or octagonal stems, the red leaves if the plant gets dried out in the fall, and the long clusters of showy purple to rose colored flowers. Habitat As a general rule, moisture is required for growth and reproduction, however, well-established plants can persist on dry sites. It is well suited to seasonal wetlands, and is capable of invading wet meadows, river and stream banks, pond edges, reservoirs, and ditches, irrigation canals, and marshes. Interesting Facts In the past, purple loosestrife was used as a medicinal herb for treatment of diarrhea, dysentery, bleeding, wounds, ulcers and sores. It is an herb that was introduced as a garden perennial from Europe during the 1800's, and unfortunately, today it is still widely sold as an ornamental. Commonly Confused Plants: Blazing Star, Fireweed, Spirea 29 Dalmatian Toadflax (Linaria Dalmatica) Common Names: Broadleaf Toadflax, Wild Snapdragon, Smooth Toadflax Description Like its close cousin yellow toadflax, Dalmatian toadflax produces showy snapdragon-type yellow flowers, however, it is easier to identify due to its long, erect appearance and waxy coating. Dalmatian toadflax has a tap root that can go as deep as ten feet, but will also produce lateral roots that can extend out from the parent plant for ten to twelve feet. This plant can produce woody stems that are capable of reaching heights of four feet. They can be branched in the upper portions and are often a blue-green in color. Both stems and leaves have a waxy coating. Leaves are heart shaped and clasp the stem alternately. They have smooth margins. Blooms are nearly identical to yellow toadflax flowers: pale to bright yellow with orange throats and a spur extending from the bottom. Flowers are arranged in racemes on the stems and flowering occurs from midsummer to early fall. Seeds are ½ inch capsules that contain tiny dark seeds with papery wings. These seeds can remain viable for up to ten years and each plant can produce up to 500,000 seeds annually. Dalmatian toadflax reproduces by seed and by root. Key Features Tall, stalky plant with waxy, rubber-like leaves and stem; stem and leaves are a bluish-green in color and flowers are bright, showy, and yellow and resemble snap dragons. Habitat Dalmatian toadflax grows best in full sun on dry sites with coarse textured, well-drained soils. Dalmatian toadflax is typically found along disturbed sites, roadsides, clear cuts, transitional forest-grassland, right-ofways, fences, cultivated fields, pastures, and rangelands. Interesting Facts Dalmatian toadflax flowers have both male and female organs (hermaphroditic) and can self-pollinate. This plant was grown as an ornamental for many years in Europe before being introduced in the U.S. in 1874. Many folks will unknowingly pick both Dalmatian and yellow toadflax to take home and display in vases because of the showy blooms. Commonly Confused Plants: Common Yellow Toadflax has similar flowers but no orange in the throat and Bastard Toadflax has similar blue green foliage 30 Whitetop (Cardaria Draba) Common Names: Hoary Cress, Whiteweed, Peppergrass, Heart-podded Hoarycress, Hoary Cardaria Description The perennial whitetop is another member of the mustard family and can grow up to two feet in height. Roots are extensive and deeply penetrating, both laterally and vertically. Small buds on the roots create new shoots. Leaves are grayish-green in color, upper leaves clasp the stem and can be up to four inches long. They are shaped like arrow heads, are finely toothed, and soft as they are covered with fine hairs. Leaves at the base of the plant form a rosette early in the spring and are larger than the leaves on the stems. Flowers are white with four petals, ¼ inch across and shaped in a cross. They are one of Montana’s earlier invaders and bloom from late April to early June. Flowers form clumps at the ends of the stems and give the plant a flat-topped appearance. Flowers tend to get a cream colored cast as they mature. Seed capsules are flat and heart shaped with two reddish, brown seeds encased in pods. Whitetop reproduces by seed and by root, and each plant can produce around 3,000 seeds annually. Key Features Look for a flower cluster that is flat-topped and white to cream colored. Leaves and stems have a grayishgreen color and leaves are soft and covered in fine hairs. Habitat Whitetop prefers open, unshaded areas and can be found on a wide variety of soil types. Whitetop generally grows better in moist sites or areas of moderate rainfall. Its attraction to moisture results in it being found in sub-irrigate pastures, ditch banks, irrigated cropland and at the edge of riparian areas. Whitetop prefers disturbed sites, including excessively grazed areas, waste areas, roadsides, and open grasslands. Interesting Facts In the Pacific Northwest with abundant rainfall, roots have been shown to occur up to thirty feet in dept. Seed may have been in the soil that was used as ballast for sailing ships, as it was first discovered around seaports on the coasts of the U.S. Commonly Confused Plants: Perennial Pepperweed, Diffuse Knapweed, Western Yarrow 31 Canada Thistle (Cirsium Arvense) Common Names: California Thistle, Creeping Thistle, Field Thistle Description Canada thistle can reach heights of four feet and forms deep and extensive root systems, making it difficult to control. Creeping horizontal roots sprout new plants and can reach more than nineteen feet in one season. These roots can also go as deep as twenty two feet. Rosettes are smooth, have irregular lobes and have spine tipped edges. Thistle leaves are distinctive as they are thorny, alternate and deeply lobed. Leaves are lanceshaped and the edges have yellowish spines, making hand pulling a thorny proposition. Stems can grow tall, are often branched, slightly hairy, and lack spines. Flowers resemble spotted knapweed in that they are pink to purple and ray-like. Canada thistle produces both female and male flowers and both genders must be present for the plant to go to seed. Male flower heads are globe- shaped while female flower heads are flask-shaped. Canada thistle flowers tend to be smaller than other thistle species. Each female flower produces a single, tan curved seed which has a papery covering and is easily tossed about by the wind. One plant is capable of producing over 3,000 seeds annually. This plant reproduces by both seed and root, but primarily from the roots. Key Features Roots that are creeping, extensive and deep, spines on the tips of the leaves, and pink flowers that resemble spotted knapweed. Habitat Canada thistle is found in open areas with a moderate amount of moisture but does poorly on wet soils lacking sufficient oxygen. It can grow on many different soil types but it does not grow well in shade and is rarely found within wooded sites, except in clearings. It is commonly found in abandoned fields or lots, abandoned gravel pits, pastures, right-of-ways , roadsides, railway embankments, lawns, gardens, and agricultural fields. It also invades wet areas with fluctuating water levels such as stream banks or irrigation ditches and sloughs. Interesting Facts Contrary to the name, Canada thistle did not come into the U.S. from our northern neighbor, but rather was introduced in the 17th century from the Mediterranean region and southeast Europe. Tea made from Canada thistle leaves has been used as a diuretic as well as for treatment of tuberculosis. Commonly Confused Plants: Bull Thistle, Plumeless Thistle (has floral bracts that are covered with sharp spines. Flowers tend to be solitary) and Wavyleaf Thistle (most common on grassland and dry forests. Flower heads are usually large and the plant looks more like bull thistle than Canada thistle.) 32 Field Bindweed (Convolvulus Arvensis) Common Names: Wild morning Glory, European Bindweed, Creeping Jenny, Creeping Charlie, Small Flowered Morning Glory, Perennial Morning Glory, field Morning Glory, Devil's Guts, Orchard Morning Glory, Possession Vine, Corn Bind Description Field bindweed is a persistent, perennial vine that is a member of the morning-glory family. It provides serious problems for farmers and ranchers in cultivated fields, but can also be found in lawns. The root system of field bindweed is extensive and grows roots both vertically and laterally creating dense mats under the soil. Roots are white and cord-like and produce buds of which new shoots start from. Leaves are dark green, smooth, alternate, petioled, and arrow-shaped with blunt tips. The stem is a vine that grows along the ground until it reaches something to climb. It then climbs aggressively and forms dense infestations. Flowers are showy and white to pink in color and bloom from June to August. They are funnel or bell-shaped, exist on longer stalks from the main stem, and are about one inch in diameter. Seeds are pear-shaped, light to gray-brown in color and have small bumps on the surface. Field bindweed primarily reproduces through its root system. Key Features Twining, vine-like stems, blunt ended, arrow-shaped dark green leaves, and bell shaped white to pink flowers on long stalks. Habitat Field bindweed is found in a wide range of habitats: orchards, roadsides, stream banks, lake shores, ditches, cultivated lands, and disturbed habitats, and as with most invasives, especially in disturbed sites. Field bindweed prefers strong sunlight and uses its vine stems to move into sunlight. It can persist in dry to moderately moist soils and is capable of surviving drought. Interesting Facts While field bindweed is persistent, it isn't overly competitive if more desirable vegetation can be established. Seeds from this plant can remain viable in the soil for up to fifty or more years. Field bindweed has also been used for medicinal purposes: tea made from the flowers is laxative and is also used in the treatment of fevers and wounds and spider bites. Commonly Confused Plants: Ornamental Morning Glory, Hedge Bindweed, Wild Buckwheat 33 Sulfur Cinquefoil (Potentilla Recta) Common Names: Five-Finger Cinquefoil, rough-Fruited Cinquefoil, Tall Five-Finger, Tormentil, Upright Cinquefoil, and Yellow Cinquefoil. Description Sulfur cinquefoil is a perennial forb with a single, woody taproot that can grow from one to three feet in height. This plant may have spreading roots, but they are not rhyzominous. The rosette of this plant has long-petiolate leaves which whither before flowering. Leaves are palmate with five to seven toothed leaflets that radiate from the center point. Leaves are approximately two to four inches long and up to an inch wide and resemble marijuana leaves. Leaves are more numerous at the base. Each rosette will produce a stem which remains unbranched until the cluster of flowers. Flowering occurs from May through July and flowers have five light yellow petals with deeply notched tips and a darker yellow center. Seeds are comma shaped, dark brown, have net-like ridges, and narrow winged edges. Sulfer cinquefoil can be spread through seed and by root. Key Features The key features of this plant include pointed hairs which protrude outward at right angles from the stem and leafstalk. Leaves of sulfur cinquefoil have green coloring rather than silver on the underside of the leaf. Habitat Sulfur cinquefoil prefers full sunlight and has adapted to a wide range of soil conditions. It can commonly be found in grasslands, shrubby/forested areas, logged areas, roadsides and waste areas. Interesting Facts Three obvious characteristics distinguish sulfur cinquefoil from native cinquefoils: Leaves of sulfur cinquefoil appear green on the underside rather than silvery; sulfur cinquefoil seeds are ridged while other cinquefoil seeds usually are not; and sulfur cinquefoil has comparatively more stem leaves and fewer basal leaves than other Potentilla species. The fruit of sulfur cinquefoil is edible, and the plant was used by Indians to treat wounds as it causes tissues to contract. Commonly Confused Plants: There are three native Potentilla species in Montana with five-leaflet palmately compound leaves that could be confused with sulfur cinquefoil. Potentilla quinquefolia is reported from alpine and subalpine areas in Flathead, Glacier, Granite, Madison, and Park Counties and is small, only reaching 8 inches (20 cm) tall, has three leaflets on the basal leaves, the lower surface having grey, tangled, wooly hairs (lanate). Potentilla diversifolia, found in alpine areas in west and central Montana, has mainly basal leaves with few leaves along the stem, the flowers have only 20 stamens, the plant is not hirsute-hispid, and the achene surface is smooth. Sulfur cinquefoil is most often confused with northwest cinquefoil, Potentilla gracilis, found in most of Montana’s counties. Northwest cinquefoil is variable in its morphological characteristics. It generally has fewer leaves along the stem than sulfur cinquefoil, the leaves can, but not always, have white wooly hairs on the lower (ventral) surface, or some plants are fuzzy with short hairs (pubescent) or appearing without hairs (but never hirsute-hispid), and the achenes are smooth. Because of the leaves, sulfur cinquefoil has been confused with hemp, Cannabis sativa. However, hemp plants are hairless annuals commonly growing to well over two feet tall, and the flowers are small, green, and dioecious. 34 Yellow Starthistle (Centaurea Solstitialis) Common Names: Yellow star Thistle, Geeldissel, Golden Star Thistle, St. Barnaby's Thistle, Yellow Centaury, Yellow Cockspur Description Yellow Starthistle was recently found in Beaverhead County and has been reported in other counties in recent years, but has been eradicated. Yellow starthistle is a relative of knapweed and its yellow flowers resemble the pink knapweed flower. This plant is an annual that can grow up to three to five feet in height. Leaves and stems are a grayish-green color and leaves are covered with a cottony wool. Lower leaves are up to 3 inches long and deeply lobed, while upper leaves are short and narrow with fewer lobes and give the stems a “winged” appearance. Flowers are a bright yellow and sharp spines up to ¾ inches in length surround the base of the flower. Starthistle primarily spreads by seed, and each plant can produce up to 150,000 seeds. Key Features The bright yellow, knapweed-looking flower, and the sharp spines that have been known to puncture tires. Habitat Plants typically thrive in full sunlight with deep, well-drained soils. It is often found in disturbed areas, roadsides, rangelands , waste areas, overgrazed lands, pastures, hay fields, along waterways, roadsides, forests and other non-crop areas. Interesting Facts Yellow starthistle is poisonous to horses. When ingested, the plant causes a neurological disorder called equine nigropallidal encephalomalacia or chewing disorder. If horses continue to feed on yellow starthistle, brain lesions and mycosal ulcers in the mouth may form which eventually leads to death. Yellow starthistle Was found in two counties in Montana in 2010. 35 St. Johnswort (Hypericum Perforatum) Common Names St. John's Wort, Common St. Johnswort, Klamath Weed, Common Goatweed, Tipton Weed Description This invasive is the one and same used for medicinal purposes to address depression. St. Johnswort is a perennial that can grow from one to two feet in height. This plant has a long taproot and shallow rhizomes which extend from the root crown. Stems are reddish in color and can be single or multiple with two opposite longitudinal ridges. Stems can branch many times towards the top of the plant. Leaves are lance-shaped, opposite on the stem, and one to two inches long with smooth margins. Each leaf contains tiny pinpoints of holes which are visible when held up to the light. Flowers are yellow and star-shaped with five petals. Tiny black dots can be found along the edges of the petals. Flowers are found in clusters at the ends of the stems and are one inch or less in diameter. Seeds are three sectioned pods filled with many dark brown seeds. Each plant can produce up to 100,000 seeds. St. Johnswort reproduces by an aggressive root system and by seed. Key Features Leaves that contain tiny pinpoint holes, visible when held up to the light. Black oil glands along the margins of the yellow petals. Habitat St. Johnswort prefers poor dry, gravelly, or sandy soils in full sun. It can be found primarily in right-of-ways, roadsides, meadows, dry pastures, rangelands, fields, open woods, waste places and disturbed ground. Interesting Facts While animals will not seek out St. Johnswort, it is toxic to livestock when consumed in quantity, especially to animals with light-colored skin. In herbal medicine, the chemical produced by St. Johnswort is hypericin, which is the antidepressant ingredient in St. Johnswort remedies. 36 Houndstongue (Cynoglossum Officinale) Common Names: Gypsy Flower, Rats & Mice, Dog Bur, Beggar’s Lice Description Houndstongue is a biennial forb that forms a deep tap root and basal rosette the first year. It forms a flowering stem in its second year. The rosette leaves are broad, oblong, and petioled and resemble a dogs tongue in shape. Leaves are alternate, up to one foot in length and up to three inches wide. They have smooth margins and are soft and velvety to touch. In the second year, stems form and often branch at the top of the plant. Plants can grow up to four feet in height. Flowers are five petaled, reddish-purple in color and produce four triangular, rounded seeds. They typically bloom in June and July. Seeds are small brown nutlets about 1/3 inches in length that easily attach to animals, vehicles, and humans. The entire plant has soft white hairs on it. The single tap root of houndstongue is thick, black and woody. Houndstoungue reproduces from seed only and each plant can produce up to 2,000 seeds. The plant dies after its second year. Key Features The soft white hairs covering the plant, the basal leaves that resemble a hounds tongue, and the little brown burrs that stick to everything. Habitat Houndstongue prefers well drained, relatively sandy and gravelly soils. It can also be found in shady areas and especially under the canopy of forests and wetter grasslands. It can be found in pastures and meadows, along roadsides and in disturbed sites. Interesting Facts Houndstongue carries an alkaloid poison that can kill livestock through loss of production of liver cells. Animals won’t normally graze on it, but if cured in hay, it will remain toxic. Sheep are more resistant to this plant than cattle and horses. Horses are especially susceptible and symptoms of houndstongue ingestion include loss of weight, diarrhea, convulsions and even coma. As with many invaders, houndstongue does have medicinal properties as well and has been used as a remedy to acne, corn callus, eczema, and as a fever remedy. Commonly Confused Plants: Exotics: Rosettes may resemble burdock. Natives: If not flowering, could be mistaken for members of the Hackelia or Lappula genus (stickseeds). 37 Oxeye Daisy (Leucanthemum Vulgare) Common Names: Oxeye Daisy, Ox-eye Daisy, Margarite, White Daisy Description Oxeye daisy is a perennial somewhat resembling the popular Shasta daisy. Stems are slender and may emerge from the root crown or the extensive root system it produces. Lower leaves are spoon-shaped and broadly toothed. The leaves are alternate and can grow up to five inches long and two inches wide and they clasp the stem of the plant. Upper leaves grow smaller towards the top of the plant. A mature plant may grow up to two feet in height with a single flower head on each simple one-branched stem. Flower heads are made up of 15 – 30 white rays that circle a yellow button, depressed center. Flowers bloom from June to August. The fruit of this plant is a small flat seed, dark gray in color with no pappus. One plant can produce over 500 seeds and seeds can remain viable in the seed bank for up to three years. The roots of oxeye daisy are extensive and shallow. Reproduction occurs by root and seed. Key Features Sometimes the plants are hard to tell apart even from their leaves, but generally Shasta daisies have larger flowers (up to two inches in diameter) and foliage; and they tend to be bushier plants. Habitat Oxeye daisy is highly adaptable to a variety of sites. It can grow in course to medium textured soils and can be found in moist to moderately dry sites, however, it does prefer abundant sunlight. Once planted as an ornamental, oxeye daisy escaped cultivation and is now common in native meadows, pastures, fields in open and thick woodlands, along waterways and roadsides. It is also found in disturbed areas, hay fields, gardens and lawns, and irrigation ditches. Interesting Facts Unfortunately, some of Montana’s state listed noxious weeds are still offered for sale in wildflower seed mixes and oxeye daisy is one of those. Be on the lookout when purchasing seeds for your garden or landscaping. The garden variety Shasta daisy was actually developed as a hybrid from a mix of wild daisies including oxeye daisy by a California scientist. Commonly Confused Plants: Shasta Daisy 38 Rush Skeletonweed (Chondrilla Juncea) Description Rush skeletonweed is a tap-rooted perennial that can grow up to four feet in height, however in Montana, tends to be smaller in stature. The rosette of rush skeletonweed resembles a dandelion rosette in the sharp, deeply toothed basal leaves. The lower stem of the plant is covered with coarse brown hairs. The stems and leaves exude a milky latex. Leaves are not easily seen, giving the plant a skeletal appearance. When the plant does flower, it produces a yellow flower about ¾ inches in diameter. Flowers are scattered on stems and branch tips and may appear by themselves or in clusters of two to five. Blooming occurs from mid- summer to fall. A mature plant can produce up to 20,000 seeds. When the plant does go to seed, the seeds are light brown to black, ribbed, and have white-ish bristles at one end that aid the seed in being dispersed by the wind. Roots are narrow and deep, sometimes penetrating the ground up to two to three feet. Roots not only run vertical, but can run lateral near the surface. Key Features Key features include the downward bent, reddish, brown coarse hairs on the lower four to six inches of the stem, and of course, the skeletal look of the plant due to the lack of leaves on the upper part of the plant. Habitat Rush Skeletonweed generally inhabits well-drained, light-textured soils. It can tolerate extended periods of drought and occupies disturbed habitats such as overgrazed rangeland, waste places, logging, farming, and road construction. Also be on the lookout around gopher mounds or around badger holes, as the plant tends to like those areas as well. Interesting Facts Rush skeletonweed reproduces only through clones produced from root buds and asexually by seed. The native skeletonweed in Montana produces a pink flower. Commonly Confused Plants: Lygodesmia juncea (skeletonweed) has pink (occasionally white) flowers, Dandelion, Chicory 39 Saltcedar (Tamarix Ramosissima and T. Chinensis) Common Names: Tamarisk, Saltcedar, Tamarix, French Tamarisk, Small-flowered Tamarisk Description Saltcedar is a pretty evergreen shrub that can grow up to fifty feet in height. As an invasive shrub, saltcedar can form dense thickets of vegetation, especially along waterways. Leaves resemble juniper leaves; they are scale-like, overlap each other along the stem and are gray-green in color. Stems of saltcedar are slender, light red or orange-colored and flowers are pale pink to white and form dense masses of 2 inch long spikes at the branch tip. Dense plumes of flowers bloom from early spring to late fall, and each plant can produce 600,000 seeds annually. Saltcedar reproduces by root and seeds which are dispersed through water and air. This plant prefers riparian areas, but can be found in drier soils as well. Key Features The evergreen shrub appearance and the showy pink flowers that bloom in clusters along tips of stems. Habitat Saltcedar is located along streams, waterways, bottom lands, banks and drainage washes of natural or artificial water bodies, moist rangelands and pastures, and other areas where seedlings can be exposed to extend periods of saturated soil for establishment. It has also been found in numerous ornamental locations in urban areas in western Montana. These areas are not typically riparian in nature. 40 Russian Knapweed (Acroptilon Repens) Common Names: Turestan Thistle, Creeping Knapweed, Mountain Bluet, Russian Cornflower, Hardheads Description Russian knapweed is a perennial that differs from diffuse and spotted knapweed primarily in that it has a rhizomtous, or extensive, root system. Russian knapweed can grow up to three feet in height and forms dense colonies due to this root system. Roots are also distinguishable by their black color, bark-like texture, and by buds that develop into shoots. Leaves at all stages are a gray green in color due to the fine whitish hairs that over the leaves. Leaves are alternate. Lower stem leaves are lance-shaped and deeply lobed. The upper leaves are oblong, toothed, and become progressively smaller. Seedlings are oval, hairy and grey-green in color, but Russian knapweed is more likely to reproduce by root than by seed. This plant is bushy as too compared to diffuse or spotted knapweeds, and from June to September, produces a pink to purple flower that, when mature, becomes more cream colored. Bracts below the flowers have rounded papery tips. Seeds are ivory white and have hairy tips which fall off the seed as it matures. A single plant may produce up to 1,200 seeds annually. Key Features Dark brown to black scaly roots and papery bracts below the flower head. Habitat Russian knapweed commonly grows along roadsides, pastures, croplands, clear-cuts, irrigation ditches as well as riverbanks and disturbed habitats. It tends to prefer clay type soils and a more arid environment. Interesting Facts Russian knapweed does not readily establish in healthy, natural habitats, and it typically invades disturbed areas. Russian knapweed also produces its own herbicide, which inhibits the growth of competing plants. Russian knapweed is a member of the thistle family. Commonly Confused Plants: Many native members of Asteraceae resemble knapweed in the rosette stage and other knapweeds 41 Common Tansy (Tanacetum Vulgare) Common Names buttons, golden buttons Description Common tansy is a perennial forb that can grow up to five feet in height. Seedlings are petioled, hairy and slightly lobed margins. Later, as the plant matures, leaves take on a fern-like appearance. Leaves can reach ten inches long and up to three inches wide and are a dark green color. Stems grow in clusters, giving the plant a bush-like appearance. They are slightly hairy and purplish-red closer to the ground. Flowers are button-like, bright yellow to yellow-orange and formed in dense, flat topped clusters on the end of the stems. Flowering occurs from July into October, making it an appealing ornamental for gardeners. The entire plant has a strong odor due to small glands on the leaves that produce scent. Seeds are grayish-tan in color, ribbed and lack a pappus. Reproduction occurs through a shallow, but extensive root system and by seed. Key Features Fern-like leaves; yellow, button-like flower heads, and strong odor associated with the leaves. Habitat It grows best in full sun and prefers sites with moist soils. Common tansy grows along roadsides, railroads, stream banks, fields, irrigated pastures, moist valley bottoms, rangeland, gardens and disturbed habitats. Interesting Facts It is reputed that in Pony, Montana, the site of a red light district in the 1800’s, common tansy was used in teas to cause abortions as needed with the ladies of the night. It was also used to prevent or eradicate intestinal worms in people in the middle ages. It is toxic to animals, but poisoning is rare due to the fact that the plant is unpalatable. Commonly Confused Plants: Tansy ragwort 42 THE SUCCESS OF THE DISTRICT The Dawson County Noxious Weed Management Program hinges on several key factors. I. Public Education II. Memorandums of Understanding, MOU's III. County, State and Federal Contracts IV. Professional, Educated Staff V. Proper Herbicide Applications VI. Landowner Participation VII. Weed Law Enforcement 43 I. PUBLIC EDUCATION A. Awareness The Dawson County Weed District will continue to develop a coordinated public relations program, including media and other activities to stimulate residents of Dawson County to be able to identify and properly control noxious weeds. The most important component in addressing noxious weeds is education; you need to know the weeds we are dealing with in Montana. Resident involvement is another important component in addressing noxious weeds. We must encourage the public to become actively involved with the war on weeds. The Weed District should attempt to make residents aware of the seriousness of the problem, enlist their support and encourage them to actively participate in noxious weed control. The effort will be aimed both at stopping the spread of noxious weeds and eradicating or controlling existing infestations. The Dawson County Weed District will conduct county wide programs targeting key groups, not just agriculture. Without this effort, the following problems could arise: Existing noxious weed problem would continue to spread. Noxious weeds will spread by area residents inadvertently. Dawson County's natural resource base will erode. An uninformed public could lead to less funding for noxious weed control efforts in the future. B. Specific objectives Increase awareness of the environmental and economic damage caused by noxious weeds. Educate people on proper identification of noxious weeds. Develop a public interest and assist and support all efforts of weed control, including the providing of rental equipment, technical advice and the developing of weed management plans. C. Plan of Action The program would be administered by the Dawson County Weed Control District. The Weed District will continually determine the level of awareness in the county and will also determine what methods of education will be most effective. Target audiences; while the target audience is everyone in Dawson County, the District have broken down the audience into smaller segments so that individual group's needs and concerns can better be addressed. Federal, State and local officials. Since public agencies in Dawson County are actively involved in noxious weed control, efforts will be directed towards helping them educate their users about noxious weeds. Specifically, efforts will be about preventing the spread of noxious weeds onto public lands. Participation in Soil Conservation District meetings and participation in Dawson County Commissioner meetings. Also distribution of brochures and fliers, calendars and signs addressing the problem of noxious weeds on public lands. Farmers and Ranchers. The very individuals whose livelihood depends on the productivity and ethics of the land may unknowingly contribute to the noxious weed problem. They may bring in contaminated seed, hay or equipment which spread noxious weeds during the course of normal farming or ranching practices. Activities in this group include: mass media, involvement with extension service, Soil Conservation District involvement, brochures and mailings, licensing and recertification classes. 44 Educational materials are available for public review and/or distribution from the County Weed Department, the County Extension Agent or online at www.mtweed.org www.agr.mt.gov II. Memorandums of Understanding, MOU's MOU's should be developed with any federal, city, county and state agencies with land holdings in Dawson County who wishes to work with the County Weed Department in controlling their noxious weeds. The agreement shall designate responsibility of the agency with respect to Noxious Weed Management on lands in their control. The MOU's should attempt to establish affordable, yet well planned, weed management tactics which will be complimented by the Weed District in either the form of advice, loaned equipment, and/or annual contracts. Annual amendments or upgrades will take place to adequately consider budget restraints or new found weed infestations. MOU's should be signed off by the respective agency’s Supervisor or Manager, the Weed District Supervisor and the Dawson County Weed Board Chairman. 45 ***(MOU SAMPLE)*** MEMORANDUM OF UNDERSTANDING BETWEEN DAWSON COUNTY WEED DISTRICT AND (XXXX) This agreement entered into on this______ day_______ of 20____, between the Dawson County Weed District, 207 W. Bell, Glendive, MT 59330, hereinafter referred to as the Weed Board and (XXX)XX Address, hereafter referred to as (XXXX) . Whereas, it is hereby agreed that (XXXX) will assist and cooperate with the Weed Board in the compliance and enforcement of the Montana State Weed Law (MCA 7-22), it is also agreed that the (AGENCY) management objectives are to continue management practices that prevent, control and restrict the spread of noxious weeds along lands owned by (XXXX) . Therefore, (XXXX) adopts these management objectives in commitment to noxious weed management. 1. Minimize bare soil on lands owned by (XXXX) . 2. Establish and maintain competitive vegetation on those lands. 3. Utilize Weed Board re-vegetation capabilities and technology to prevent the spread of noxious weeds, weed seed and viable noxious weed plant parts during all activities at (XXXX) . 4. Continue financial responsibility for control of noxious weeds on (XXXX) land holdings. 5. Contract performance for roadside vegetation establishment shall be based upon vegetation establishment within a certain contract period. 6. All seed used for this purpose must be certified noxious weed seed free in records of sources, lots or batches, in evidence of certification must be provided for the weed board on demand. 7. All weed seed contaminated material used within the project area will be buried at least two feet under asphalt or clean cover material. 8. Organic materials used for surface mulch, erosion control, water barriers for frost and weather protection shall be obtained from noxious weed seed free sources. 9. When necessary, equipment and trucks will be cleaned of contaminated soil, or noxious weed seeds, before movement from noxious weed infested areas. 10. (XXXX) agrees to make every reasonable effort to have a representative attend weed board meetings, when necessary. 11. (XXXX) is responsible for assisting in obtaining access by district employees to (AGENCY) properties that are infested with noxious weeds. 12. (XXXX) is also responsible for assisting and mapping current infestations and advising the weed board of any new infestations of weeds. 13. (XXXX) is responsible for assisting in educating the public in areas of identification, reporting and control of weeds. 14. (XXXX) shall vigorously control and eradicate established stands of noxious weeds on (AGENCY) lands and eliminate or prevent noxious weed seeds from contaminating adjacent lands and watersheds in accordance with established guidelines contained in the Dawson County Noxious Weed Management Plan. 46 Subsection: RESPONSIBILITIES OF WEED BOARD: 1. 2. 3. The Weed Board is responsible for carrying out the Montana state weed law in cooperation with (XXXX). The Board is responsible for assisting and mapping current infestations and providing technical advice to (XXXX). The Board is responsible for billing (XXXX) for any contracts entered into or any weed control performed on (XXXX) lands to include any work completed that may be covered by potential cost share agreements. The billing shall show the type and amount of pesticide used, area treated and amount of labor and equipment charges. It is mutually understood that these standards are subject to periodic review and approval by the Dawson County Weed Board and (XXXX). In addition, this agreement may be amended provided that both parties agree to the amendment in writing. Either party may terminate this agreement by providing thirty (30) days written notice, and unless terminated by written notice, this agreement will remain in force until the completion of all objectives. Reviewed for legal content by: ________________________________/County Attorney Date: ____________ For the County of Dawson: _______________________________/Commission Chair Date: ____________ For Dawson County Weed Department: ________________________________/Supervisor Date: ____________ For (XX) ________________________________/Authorized Representative Date: ____________ 47 III. County, State and Federal Contracts The Dawson County Weed District presently maintains a contract with the Montana Department of Transportation, which includes right-of-way spraying on approximately 100 miles of state and federal highway. This contract has been ongoing for many years and excellent results can be observed from viewing state and federal highway corridors in the county. IV. Professional, Educated Staff As the directory of the employee's portion of the plan illustrates, there is a very limited staff. The office assistant is responsible for all phases of district involvement. The current Supervisor has at least three years’ experience with all aspects of IPM. The staff members listed below have become restricted use, regulatory weed licensed and have developed tremendous knowledge with all aspects of weed management. Ongoing training and yearly training meetings will continue to be an important tool for District employees. Employees License/Number Joe Sharbono 1001700-15 Heath Craig 104333-15 V. Proper Herbicide Applications The District maintains a strong commitment to herbicide applications being applied to the most stringent label requirements and regulations. For the most part, only general use pesticides are applied by the Dawson County Weed District. One Restricted Use chemical, Tordon, is utilized for its ability to control most of everything. The District takes into account several factors before applying any pesticide. Those factors include, but are not limited to, soil type, sensitive crops in the area, weather conditions, watersheds, and alternative controls. Equipment upgrades and well trained staff are also vital to upholding our commitment to safe, well planned applications. Current labels and any supplement labels are carried by all applicators. Labels and MSDS sheets are made available from Weed Supervisor for public review. 48 VI. Landowner Participation WHY SHOULD DAWSON COUNTY RESIDENTS CONTROL NOXIOUS WEEDS Negative effects of not controlling weeds include: Loss of wildlife habitat and reduced wildlife numbers Reduced livestock grazing Increased soil erosion and topsoil loss Diminished water quality and fish habitat Diminished nutrient quality of soil Reduced cropland and farmland production Reduced land value and sale potential Actual costs of controlling established weeds Obviously, much will be lost if noxious weeds are not controlled. How can each of us help solve the problem? Learn to identify weeds in your area Inform other people about weeds Control weeds on your property Alert landowners if you find weeds Avoid driving through weed patches Limit access in weed infested areas Check in and under your vehicle for weeds and weed seeds after traveling in weed infested areas Check in and under your vehicle for weeds and weed seeds before traveling in weed free areas Buy weed free hay Minimize soil disturbances Reseed areas of disturbed soil Don't overgraze pasture lands Support weed control legislation Support weed law enforcement 49 VII. Weed Law Enforcement To the best of its fiscal and personnel ability, the Dawson County Weed District will enforce the Montana County Noxious Weed Control Act 7-22-2101 through 7-22 -2153, as well as Rules 4.5.201 through 4.5.203. The weed law will be strictly followed when entry must be made onto private land to verify a noxious weed complaint or sighting. Where a complaint has been filed, or the Weed District has reason to believe that noxious weeds are present on any lands in Dawson County, the District shall adhere to the following steps: 1. Accept complaint or make visual inspection of a property containing state or county declared noxious weeds. If a complaint is lodged by a private landowner, complainant must sign a formal complaint notice with their name on the document. If noxious weeds are noticed by County Weed District employees, the landowners will be notified. Time limits will be posted as to when the landowner is to contact the Dawson County Weed District. A phone call is deemed acceptable. 2. Seek voluntary compliance after landowners contact the office. This interchange should encourage long term 3 to 5 year management plans using any or all IPM approved controls that are both affordable as well as acceptable to each landowner. Each management plan must be signed and accepted by the Dawson County Weed Board Chairman, The Dawson County Weed District Supervisor, and the landowner. Voluntary compliance should occur within 30 days of contact. The Weed District will then respond to the voluntary compliance with in ten (10) days depending on manpower restraints. 3. If voluntary compliance is not forthcoming, a notice of non-compliance must be sent to the landowner via certified mail and must specify: Basis of determination of non-compliance Location of non-compliance Measures to be taken to comply with management criteria set for Dawson County Reasonable period of time to comply Notify landowner of appeal process 4. If a noxious weed infestation is disputed by the landowner, the District shall seek permission from the landowner to enter the land to verify. If after a reasonable effort, the Weed District does not gain cooperation from the landowner, the Weed District may enter the land for inspection purposes. The landowner shall be encouraged to participate in the inspection. 5. A person is in compliance when a weed control management plan or proposal is submitted and accepted by the Weed District. In accepting or rejecting a proposed plan, the Weed Board shall consider the economic impact on the person as well as their neighbors. Buffer zones and containment should be considered if a financial burden could arise from seeking total control. The District shall consider practical biological and environmental limitations. Effective alternative control methods may be used. 6. If corrective action is not taken, or a plan or proposal is not made and accepted within the time specified in the notice of noncompliance, the Weed District may enter upon a person's land and institute any appropriate control measure at the total expense to the landowner. The total costs to the Weed District plus a penalty of 10% will be billed and payable within 30 days. A 1.5% late fee per month will be applied to all balances that are overdue. Follow up treatments may be necessary 50 and will also be at the landowner’s expense. 7. A person adversely affected by any notice, action or order of the Board, may request an administrative hearing before the Weed Board. 8. Any person who interferes with the Weed Board, or its authorized agent, in carrying out the provisions of the weed law, or who refuses to obey an order or notice of the Weed Board, is guilty of a misdemeanor. Upon conviction, an offender shall be sentenced pursuant to 46-18-212 MCA and assessed the costs of weed control provided by the board. A second or subsequent conviction is punishable by a fine of not less than $500 or more than $2,000, plus the costs of weed control provided by the board. Note: The Dawson County Weed District will not use long term residual chemicals during the course of enforcement actions as specified under Montana law. Only herbicides of short duration will be used. Landowners must realize follow up treatments will be necessary under these conditions. Enforcement actions will be taken by the District as expeditiously as possible in noncompliance cases. However, due to manpower constraints, a time lapse between authority to act and actual enforcement action may occur. Mandated services such as right- of-way weed control, must take priority over weed law enforcement. 51 Weed Law Enforcement Guidelines, Complaint Forms, Management Plan, and Complaint Letters WEED MANAGEMENT COMPLIANCE POLICY PHASE I: Complaint Received PHASE II: Voluntary Compliance PHASE III: Weed Management Plan Approval PHASE IV: Noncompliance Procedure PHASE V: Noncompliance Legal Action PHASE VI: Weed Management Plan Follow-up PHASE VII: Emergency Procedures 52 PHASE I: COMPLAINT RECEIVED When a complaint is made, the Complainant(s) must fill out a complaint form to be filed by the District. The form can be obtained by the office personnel at the Weed Department. The Board or its representative will take action by contacting the violator by phone or in person, or by posting the property advising them of the complaint and the request for voluntary compliance. The Weed District itself may initiate the complaint if deemed necessary. PHASE II: VOLUNTARY COMPLIANCE A person who has had a complaint filed against them will receive a letter and the Five Year Noxious Management Plan Guide via U.S Mail. It will also be given to people who wish to control noxious weeds on their property. The Five Year Noxious Weed Management Plan Guide will: Provide reason for the notice. Encourage voluntary compliance within ten (10) days of date of letter. Provide a 5 Year Noxious Weed Management Plan, a Re-vegetation Plan, and all information needed to fill out the plan. Provide information for assistance. If a response has not been received in the ten (10) day period, the Board or its representative will send a certified letter of noncompliance. Extensions of time frame throughout weed law enforcement may be granted when dealing with absentee, or out-of- state, landowners. PHASE III: WEED MANAGEMENT PLAN APPROVAL Upon receiving a Five Year Noxious Weed Management Plan, the Board or its representative shall act on the plan as soon as time allows depending on manpower restraints. The Board or its representative shall consider the following criteria: Acceptable control methods; Alternative control methods; Economic impact on the person and his/her neighbors. If the plan is approved, it shall be filed with the Board. If the plan is disapproved, the violator has the options to make revisions in the plan and resubmit it OR Request an administrative hearing pursuant to Sec. 7-22-2110, MCA. PHASE IV: NONCOMPLIANCE PROCEDURE If no response is received from the violator within the ten (10) day voluntary compliance period, a certified noncompliance letter will be sent to the violator within thirty (30) days or as District manpower allows. The letter of noncompliance shall include: The basis for determination of noncompliance 53 The weed species present on the person's land The geographic location of the area by legal description or other reasonable identifiable description The measure to be taken in order to comply with the Board's Management criteria A time period which compliance must be initiated A notice of Phase V procedures for noncompliance PHASE V: NONCOMPLIANCE LEGAL ACTION If no response is received from the violator within ten (10) days of the date of the noncompliance letter, the following actions may be taken within thirty (30) days or as District manpower allows: Pursuant to Section 7-22-2124 MCA, the District or its agent, may enter the person's land and institute appropriate control measures. When this occurs, the Board shall submit a bill to the person, itemizing man hours of labor, materials and equipment time, together with a penalty of 10% of the total cost incurred and/or: A complaint may be filed at the Justice Court charging the landowner with a misdemeanor for the violation of 7-22-2117 MCA PHASE VI: WEED MANAGEMENT PLAN FOLLOW-UP After the 5 Year Noxious Weed Management Plan has been filed with the Board, annual inspections shall occur to determine if the Weed Management Plan has been properly implemented and is effective. If the Five Year Noxious Weed Management Plan is not implemented, the Board may request that a revised Weed Management Plan be done. When that occurs, the process shall begin anew at Phase II. PHASE VII: EMERGENCY PROCEDURE Category 1A and 1B noxious weeds are, as defined by Rule 4.5.206 and Rule 4.5.207 of the Department of Agriculture rules, weeds not yet detected or are in limited amounts in Montana. These rules provide for the prevention of the spread or introduction of these weeds into Montana. Dawson County Noxious Weed Control District's management criteria, recognizes the necessity to prevent the spread and introduction of these weeds in the county and Montana. Detection and immediate action to eradicate Category 1A and 1B noxious weeds is considered an emergency. Upon determination of Category 1A and 1B noxious weeds in the county, the District Board may take immediate action to eradicate the weeds at landowner’s expense. 54 DAWSON COUNTY WEED CONTROL DISTRICT OFFICIAL COMPLAINT Alleged Violator: Name: ____________________________________________________________ Address: _________________________________________________________ Phone: (Home) ______________________ (Work) _____________________ Violation area description or address: Legal description: ______ 1/4 ______ 1/4 ______ 1/4, S___T___R___ Latitude: _____________________Longitude: _______________________ (Decimal Degrees) of approximate center of infestation Noxious weed violation: (check major weed (s) infestation) Spotted Knapweed Diffuse Knapweed Russian Knapweed Leafy Spurge Whitetop Field Bindweed Canada Thistle Dalmation Toadflax] St. Johnswort Hounds Tongue Other, specify _______________________ Burdock Musk Thistle Wild Licorice Common Tansy Common Toadflax Dyers Woad Yellow Starthistle Common Crupina Rush Skeletonweed Velvetleaf Nature of complaint: ____________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Complainant(s) Name:___________________________________________ Address: _________________________________________ Phone: __________________________________________ Signature: __________________________________________________ --------Office Use Only------------ Complaint #:_______________________ Date Filed: _________________ 55 VOLUNTARY COMPLIANCE REQUEST - FIRST NOTICE OF COMPLIANCE NAME: __________________________________ DATE: ________________ Our weed problem in Montana is increasing at an alarming rate. Noxious weeds consume approximately 19% of the Montana lands each year at an annual cost of 23.7 million dollars to the landowners. The Montana Legislature recognized the extent of the problem and passed legislation to assist in the weed control effort. The Dawson County Weed District also recognizes the desperate need to get our weed problem under control. A complaint has been filed with the Dawson County Weed District, alleging that noxious weeds are growing on property belonging to you. Weed species present: __________________________________________ Location of complaint: _________________________________________ Legal description:______ 1/4 ______ 1/4 _______ 1/4, S___T___R___ Latitude: _____________________Longitude: _______________________ (Decimal Degrees) of approximate center of infestation You will find that we have included a Noxious Weed Management Plan Guide that you are required to fill out and send back to us within ten (10) days of the date of this letter. Please do your part in recognizing the weed problem in your area and fill out this plan or contact us by telephone as soon as possible. Our goal is to get a workable plan put together to help you control your noxious weeds. We are hoping for your voluntary compliance, however due to our strong dedication to control noxious weeds, further action will be taken if we don't hear from you with ten (10) days of the date of this letter. This action will consist of a certified noncompliance letter which states that you must submit a noxious weed management plan within then (10) days. The District reserves the right to extend deadlines for the sole consideration of manpower and financial restraints. Failure to comply with this notice is a misdemeanor (7-222153 MCA.) Upon conviction, an offender shall be sentenced pursuant to 46-18-212 MCA and assessed the costs of weed control provided by the board. A second or subsequent conviction is punishable by a fine of not less than $500 or more than $2,000, plus the costs of weed control provided by the board. The District also has authority to take corrective action at your expense. If you have any questions, please contact the Weed District. Thank you for your prompt cooperation. Sincerely, Joe Sharbono/Supervisor Dawson County Weed District 56 NOTICE OF NONCOMPLIANCE NAME: ___________________________________ DATE: _______________ ADDRESS: ______________________________________________________ We are sending you this certified notice of noncompliance pursuant to the County Noxious Weed Control Act, Title 7, Chapter 22, Section 7-22-2123, MCA, because you have not responded to the initial complaint dated ___________________. The Weed Board has reason to believe that there are noxious weeds being allowed to grow on your property. Weed species present: __________________________________________ Location of complaint: __________________________________________ Legal description:______ 1/4 ______ 1/4 _______ 1/4, S_____T_____R_____ Latitude: _____________________Longitude: _______________________ (Decimal Degrees) of approximate center of infestation The Dawson County Weed District directs you to control your noxious weed problem. You will be in compliance by submitting a Five Year Noxious Weed Management Plan that must be approved by the Dawson County Weed Board and Weed District Supervisor. You must then follow this plan. The above action must be taken within ten (10) days of the date of this letter. Failure to comply with this notice is a misdemeanor (7-222153 MCA.) Upon conviction, an offender shall be sentenced pursuant to 46-18-212 MCA and assessed the costs of weed control provided by the board. A second or subsequent conviction is punishable by a fine of not less than $500 or more than $2,000, plus the costs of weed control provided by the board. The District also has authority to take corrective action at your expense and you will be required to file a Weed Management Plans. You have the right to request an administrative hearing within these same ten (10) days of the date of this letter. (7-22-2123 ( c ) MCA.) The District reserves the right to extend deadlines for the sole purpose of manpower and financial restraints. Enclosed you find a packet that give you information on weed control and weed management planning. For more information, or if you have any questions, please contact the Weed Board or Weed District Supervisor. Sincerely, Joe Sharbono/Supervisor Dawson County Weed District 57 INTRODUCTION In this Noxious Weed Management Planning Guide, you will find all the necessary information that you will need to fill out your own management plan. YOUR NOXIOUS WEED MANAGEMENT PLANNING GUIDE INCLUDES: A list of instructions, step by step. Noxious Weed Management Plan - Table I. A code list for filling out your plan - Table II. A chemical recommendation for noxious weeds. A Re-vegetation Plan. An environmental action checklist. Tips on mapping. A map is not included in this plan, but one is required from you to show noxious weeds on your land. Map must be from Google Maps (Satellite View) or Google Earth with markers showing area(s) of infestation. A sample plan that illustrates how to fill out a plan. Methods used to accomplish these requirements may include mechanical and/or cultural, chemicals, hiring weed control professionals or a combination of these. Your plan will be reviewed by the Dawson County Weed Board at one of its regular meetings. Is this a Noxious Weed Management Plan and/or a Re-vegetation Plan? Please mark the appropriate box: Management Plan Re-vegetation Plan 58 INSTRUCTIONS 1. 2. 3. 4. 5. 6. 7. Fill out appropriate section of Form 94-1. Fill out Noxious Weed Management Plan(Table I*) using Table II with the Dawson County Weed Supervisor or Foreman Fill out a Re-vegetation Plan if cultivation is to be used. Fill out a Re-vegetation Plan if it is to be used as a control method. Fill out the environmental checklist. Prepare a map of the area where the control will take place.** Return to the Dawson County Weed District. * Table I is needed for each year of your 5 Year Management Plan. Additional forms will be sent to you. ** Map must be from Google Maps (Satellite View) or Google Earth with markers showing area(s) of infestation. For help, contact the Dawson County Weed Board. 59 TABLE I: NOXIOUS WEED MANAGEMENT PLAN ***Please use the information on Table II to complete the following information, (abbreviated two letter indicator will be used for codes) *** NOXIOUS WEEDS: ____________________________________________________________ CHEMICAL TO BE USED: ________________________________________________________ ACRES TO BE TREATED: _________________________________________________________ APPLICATION METHOD: ________________________________________________________ SOIL TYPE: ___________________________________________________________________ GROUND WATER DEPTH: ________________________________________________________ HAND PULLING: _______________________________________________________________ CULTIVATION*: ________________________________________________________________ DATE STARTED: ________________________________________________________________ DATE COMPLETED: _____________________________________________________________ *If cultivation is to be used, a Re-vegetation Plan must be filed. (You will find a Re-vegetation Plan in this packet.) For help, contact the Dawson County Weed District 60 TABLE II: NOXIOUS WEEDS WEED Spotted Knapweed Diffuse Knapweed Russian Knapweed Leafy Spurge Whitetop Field Bindweed Canada Thistle Dalmatian Toadflax St. Johnswort Hounds Tongue Burdock CODE WEED CODE [sk] Musk Thistle [mt] [dk] Wild Licorice [wl] [rk] Common Tansy [ct] [ls] Common Toadflax [tf] [wt] Dyers Woad [dw] [fb] Yellow Starthistle [ys] [ct] Common Crupina [cc] [dt] Rush Skeletonweed [rs] [sj] Velvet Leaf [vl] [ht] Other, specify ____________________ [b] >> NOXIOUS WEED CODES FOR USE ON TABLE I<< *CHEMICALS USED TO BE DETERMINED BY WEED SUPERVISOR OR FOREMAN* APPLICATION METHODS - Backpack Sprayer - Sprayer with boom - Other type of sprayer ________________ - Sprayer with hand gun - Hand wiping - Other method, please specify _____________ SOIL TYPES There are many different types of soils. Types of soils are based on the percentage of mixture they contain, i.e., sand, silt, soil, gravel and clay. - Sand - Loam (even mixture) of all soil types - Clay loam - Gravel - Clay - Gravely loam - Sandy loam - Other, please specify _____________________ GROUND WATER DEPTH - 0-3 feet - 15-25 feet - 3-7 feet - Below 25 feet - 7-15 feet - unknown 61 DAWSON COUNTY RE-VEGETATION PLAN CONSTRUCTION SITES A. Restoration of Construction sites 1. Seeding Method a. Drill----Single Rate b. Broadcast----Double Rate 2. Seed Type and Rate (Single Rate) Thickspike Wheatgrass Western Wheatgrass Slender Wheatgrass Pubescant Wheatgrass Purple Prairie Clover OR Cicer Milkvetch 25% 20% 20% 20% 3.0 lbs. 2.4 lbs. 2.4 lbs. 2.4 lbs. 15% 2.0 lbs. 12 lbs. per live seed per acre 3. Fertilizer 100 lbs. of 0-45-0 Phosphate per acre 4. Roller pack a minimum of three times after broadcasting seed to pack seed 1/4 inch into the soil 5. Seed 1 April to 15 May or 15 August to 1 October 6. Seed must be certified Noxious Weed Seed Free. 62 B. Noxious Weed Management Re-Vegetation Plan All Noxious Weeds on the latest Dawson County Weed List must be controlled. The disturbed site will be inspected by Weed District personnel when seeding is completed. It will be re-inspected to make sure that reclamation site has an adequate stand. DAWSON COUNTY WEED CONTROL DISTRICT RE-VEGETATION PLAN Description of site: ______________________________________________ ______________________________________________________________ Description of disturbance: _______________________________________ ______________________________________________________________ Re-vegetation work to be done: (Please list seed and amount to be used, type, and amount.) ______________________________________ \ _______________ Amount ______________________________________ \ _______________ Amount ______________________________________ \ _______________ Amount ______________________________________ \ _______________ Amount ______________________________________ \ _______________ Amount ______________________________________ \ _______________ Amount Please list fertilizer, if used. (Type & Amount) ______________________________________ \ _______________ Amount ______________________________________ \ _______________ Amount ______________________________________ \ _______________ Amount For specific site recommendations, you may contact: Natural Resources Conservation Service 102 Fir Street Glendive, MT 59330-3197 Telephone: 406-377-5566 FAX: 406-377-4607 OR The Dawson County Weed District Time table for completion: Cultivation date(s) ________ ________ ________ ________ Seeding date(s) ________ ________ ________ ________ Fertilizer date(s) ________ ________ ________ ________ 63 ENVIRONMENTAL ACTION CHECKLIST PLEASE NOTE: Use a sheet of lined paper marked with corresponding number to explain how environmental impacts will be mitigated for all questions answered with a "yes" answer. Be very specific with answers. 1. Is the area used by any form of wildlife and fish species at any time? Yes [ ] 2. Is there any vegetation communities i.e. crop land present which may be impacted by the proposed project. Yes [ ] 3. No [ ] Is there any significant topographic features, terrain, or aesthetic values present? Yes [ ] 4. No [ ] No [ ] Is there any surface or ground water resource within 500 feet of proposed project that may be impacted? Yes [ ] No [ ] 5. Are fragile soils or soils requiring special consideration present? Yes [ ] No [ ] 6. Does the project area contain any areas with unique or special reclamation considerations, i.e., past mining, erosion, and saline seep etc….? Yes [ ] No [ ] 7. Additional comments: _____________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ___________________________ Landowner _____________ Date ___________________________ Weed District Representative _____________ Date 64 MAPPING INSTRUCTIONS WHY MAP? Mapping may be the single most useful part of any noxious weed control plan. You must know "what is out there" if you expect to manage your land successfully. Attach an appropriate map of your property. If you do not, your plan will not be approved until a map is received. Indicate areas of infestation and environmental sensitive areas, i.e., waterways, plants, trees or wildlife habit etc….. WHAT IS A MAP? A map is necessary to implement an effective noxious weed control program. The map(s) must be from Google Maps (Satellite View) or Google Earth with markers showing area(s) of infestation. HOW MUCH DETAIL IS REQUIRED? Your map will need to show the following items: Weed infestation areas Topographic features should be shown such as streams, lakes, hills etc… Buildings, roads and fences Power lines, pipelines, railroads and other rights-of-way Irrigation canals and ditch's systems Property designations North Arrow Access route to infested area Township, Section and Ranges Latitude and Longitude in decimal degrees of approximate center of infested area >>YOU SHOULD ALWAYS MAKE A DUPLICATE SO THAT YOU CAN KEEP A COPY FOR YOUR RECORDS FOR LATER REFERENCE AND SEND THE ORIGINAL IN WITH YOUR PLAN.<< WHERE CAN MAPS ARE OBTAINED? Google Earth Google Maps (Satellite View) http://www.google.com/earth/index.html http://maps.google.com/ 65 DAWSON COUNTY NOXIOUS WEED CONTROL DISTRICT COMPLIANCE FORM DATE OF COMPLAINT: _______________ WEED PLAN NUMBER: ____________ VIOLATOR NAME: ____________________________ PHONE: _______________________ ADDRESS: ________________________________________________________ Legal description:______ 1/4 ______ 1/4 _______ 1/4, S___T___R___ Latitude: _____________________Longitude: _______________________ (Decimal Degrees) of approximate center of infestation [ ] Written complaint [ ] Verbal complaint [ ] Weed Board complaint [ ] Other, specify ______________ Contacted violator by [ ] phone [ ] in person Date ________ Absentee landowner; [ ] by letter [ ] by posting Date site inspected: ___________________ VOLUNTARY COMPLIANCE: Person is willing to file a weed management plan? YES [ ] NO [ ] Weed management plan was provided YES [ ] NO [ ] if yes, Date provided______ Weed management plan received? YES [ ] NO [ ] If yes, Date:______ Approved? YES [ ] NO [ ] Hearing requested? YES [ ] NO [ ] if yes, Date of hearing:_____ NONCOMPLIANCE PROCEDURE: If the violator has not, or will not, file a weed management plan within ten (10) days of the date of Compliance Request Letter , a certified letter of non-compliance will be sent within thirty (30) days or as District resources allow. Date noncompliance letter was sent: ______________________________ Management plan given/sent to violator YES [ ] NO [ ] if yes, Date_____ Management plan received by violator YES [ ] NO [ ] if yes, Date_____ Approved? YES [ ] NO [ ] Hearing requested? YES [ ] NO [ ] If yes, Date of hearing ___________ [ ] No action taken by violator, complaint filed with the Justice of the Peace. Date filed: ________ 66 FORM 94-1 5 YEAR NOXIOUS WEED MANAGEMENT COMPLIANCE FORM WEED MANAGEMENT SEASONS: ____________ TO ______________ DATE ENTERED INTO: ______________________________________________ NAME OF APPLICANT: ______________________________________________ ADDRESS: ________________________________________________________ STATE: _______ ZIP: _______ PHONE:(HOME) ________(WORK)________ Legal description:______ 1/4 ______ 1/4 _______ 1/4, S___T___R___ Latitude: _____________________Longitude: _______________________ (Decimal Degrees) of approximate center of infestation Land use: [ ] Garden [ ] Residential [ ] Commercial [ ] Pasture/non-crop [ ] Agriculture If Agriculture, please list what type(s): ____________________________________________ Noxious weeds present: _______________________________________________________ ═══════════════════════════════════════════════════════════════ OFFICE USE ONLY WEED MANAGEMENT PLAN NUMBER: ___________________________________ TYPE OF CONTROL TO BE USE: _________________________________________ ADDITIONALS REQUIRED FORMS [ ] MANAGEMENT PLAN [ ] REVEGETATION PLAN [ ] ENVIRONMENTAL ACTION CHECKLIST [ ] MAP DAWSON COUNTY WEED BOARD: ______ APPROVED ______ APPROVED WITH MODIFICATIONS ______ DISAPPROVED ___________________________ APPLICANT/LANDOWNER __________ DATE ___________________________ DAWSON COUNTY WEED SUPERVISOR __________ DATE ___________________________ ___________ DAWSON COUNTY WEED BOARD CHAIRMAN DATE 67 Dawson County Weed Department Equipment Rental Rates $25/ day slide in pickup sprayer** $20/ day four wheeler sprayer $15/ day spray boom $10/ day backpack sprayer One day will be 24 hours from time of pickup of equipment. If not returned within 24 hours, an additional day will be charged on bill. **MUST BE RETURNED WITH FULL TANK OF FUEL. $4.50 GALLON FUEL CHARGE WILL BE ADDED TO BILL IF NOT FULL. DAWSON COUNTY WEED DEPARTMENT SPRAY RATES: $75.00/HOUR FOR EACH OPERATOR WITH EQUIPMENT (CHEMICAL NOT INCLUDED) For more information call Joe or Heath at the Dawson County Weed Department @ 377-6546 68 EQUIPMENT AVAILABLE TO RENT SLIDE IN SPRAYER 300 GALLON 150 GALLON 50 GALLON BACKPACK SPRAYER 4 WHEELER SPRAYER RECEIEVER HITCH PICKUP BOOM SPRAYER 69 DAWSON COUNTY WEED DISTRICT EQUIPMENT RENTAL AGREEMENT The Dawson County Weed District agrees to rent ( Equipment) to (customer.) hereinafter designated to customer agrees to accept the equipment subject to the terms and conditions in this agreement. TERMS AND CONDITIONS Equipment: The equipment is and shall remain the property of the Dawson County Weed Department. Customer shall not remove, alter, or efface any indications of Dawson County Weed Department ownership. Fees: Customer agrees to pay (amount) per day for use of said equipment. Rental Period: The rental period begins on the date and time the equipment is picked up by the customer. For example, if the equipment was picked up at 3:30 pm on 5 July 2012 it would be due back by 3:30 pm on 6 July 2012. If customer holds the equipment beyond the terms of this agreement or any agreed extension, it will be liable for a full day’s rental fee for each day the equipment is not returned. Equipment can be rented for more than 24 hours. The number of days rented will be agreed upon by the customer and Dawson County Weed Department Representative. Rental fees are based upon a 24 hours period only. Condition of Equipment: Prior to being released to customer, condition of equipment will be inspected and documented by a Dawson County Weed Department Representative. Upon receiving rental equipment, customer accepts all responsibility for the equipment. Customer agrees not to alter or change any part of the equipment whatsoever. Use and Storage of Equipment: The location, use and storage of the equipment shall be such as to provide, at all times, reasonable safeguards against damage, loss, or theft. Customer accepts full responsibility for any damage to, or loss or theft of, the equipment, up to and including the full cost of replacing the equipment. Customer agrees to use only the type of fluid or chemical approved by the Dawson County Weed District in its equipment. Warranty: The Dawson County Weed District warrants that the equipment will be in good and operating condition. In absence of notice to Dawson County Weed Department within 2 hours of picking up equipment, customer acknowledges that the equipment is in good and operating condition. Dawson County Weed District makes no warranties or representations regarding the equipment other than as expressly stated in the agreement. Dawson County Weed District does not warrant the merchantability of the equipment or its fitness for any particular purpose or use, whether or not such purpose or use is disclosed by the customer. Dawson County Weed District shall not be liable for any injuries to persons or property, consequential damages, business interruption or loss of profits when renting out its equipment. Loss or Damage: Customer shall return the equipment in the same condition as upon receiving it. Customer assumes full responsibility for loss, damage or injuries resulting from the use of the equipment shall be liable to Dawson Count Weed District for loss or damage to the equipment up to the full replacement value. Repairs, Upgrades, and Service: Customer shall notify Dawson County Weed District of any malfunction of the equipment. Any and all installations, assembly, disassembly, upgrades, servicing and repairs shall be made only by Dawson County Weed Department. Customer shall bear the cost of servicing made necessary by customers fault or negligence. 70 Governing Law and Venue: This agreement shall be governed by the laws of the State of Montana and any legal actions regarding this agreement shall be brought in the state and federal courts in the State of Montana. PRE RENTAL EQUIPMENT INSPECTION BY: _________________________ Comments by inspector: ________________________________________________________________ Start Date and time of Equipment Rental: _______________________________________ Return Date and Time of Equipment Rentals: _____________________________________ ___________________________ (Customer) __________ Date ___________________________ Dawson County Weed Department Representative __________ Date POST RENTAL EQUIPMENT INSPECTION BY:________________________________ Comments by inspector: __________________________________________________________________ ___________________________ (Customer) __________ Date ___________________________ Dawson County Weed Department Representative __________ Date 71