§ 35-5.5-101. Short Title
This article shall be known and may be cited as the “Colorado Noxious Weed Act”. Source: L. 90: Entire article added, p. 1549, § 1, effective July 1. L. 96: Entire section amended, p. 763, § 3, effective May 23.
§ 35-5.5-102. Legislative Declaration – Rule of Construction
In enacting this article the general assembly finds and declares that there is a need to ensure that all the lands of the state of Colorado, whether in private or public ownership, are protected by and subject to the jurisdiction of a local government empowered to manage undesirable plants as designated by the state of […]
§ 35-5.5-103. Definitions
As used in this article, unless the context otherwise requires: (Deleted by amendment, L. 96, p. 764 , § 5, effective May 23, 1996.) “Alien plant” means a plant species that is not indigenous to the state of Colorado. (Deleted by amendment, L. 96, p. 764 , § 5, effective May 23, 1996.) “Commissioner” means […]
§ 35-5.5-104. Duty to Manage Noxious Weeds
It is the duty of all persons to use integrated methods to manage noxious weeds if the same are likely to be materially damaging to the land of neighboring landowners. Source: L. 90: Entire article added, p. 1551, § 1, effective July 1. L. 96: Entire section amended, p. 767, § 6, effective May 23.
§ 35-5.5-104.5. Intentional Introduction, Cultivation, or Sale of Noxious Weeds – Costs
It shall be unlawful to intentionally introduce, cultivate, sell, offer for sale, or knowingly allow to grow in violation of this article or any rule promulgated hereunder in this state any noxious weed designated pursuant to section 35-5.5-108 (2)(a); except that this prohibition shall not apply to: Research sanctioned by a state or federal agency […]
§ 35-5.5-105. Noxious Weed Management – Powers of County Commissioners
The board of county commissioners of each county in the state shall adopt a noxious weed management plan for all of the unincorporated lands within the county. Such plan shall include all of the requirements and duties imposed by this article. Guidelines may be included that address no pesticide noxious weed management plans. In addition […]
§ 35-5.5-106. Noxious Weed Management – Municipal Authority
The governing body of each municipality in the state shall adopt a noxious weed management plan for all lands within the territorial limits of the municipality. In addition to and independent of the powers elsewhere delegated by law, the governing body of a municipality may adopt and provide for the enforcement of such ordinances, resolutions, […]
§ 35-5.5-107. Local Advisory Board – Formation – Duties
The governing body of each county and municipality shall appoint a local advisory board. The local governing body, at its sole option, may appoint itself, or a commission of landowners, to act as the local advisory board for that jurisdiction. The members of each local advisory board shall be residents of the unincorporated portion of […]
§ 35-5.5-108. Designated Noxious Weeds – Rules – Legislative Declaration
The general assembly hereby finds and declares that the noxious weeds designated by rule are a present threat to the economic and environmental value of the lands of the state of Colorado and declare it to be a matter of statewide importance that the governing bodies of counties and municipalities include plans to manage such […]
§ 35-5.5-108.5. Responsibilities Related to Eradication of Designated Noxious Weeds – Commissioner – Local Governing Bodies – Affected Landowners
This section shall apply to noxious weeds that have been classified as list A species and to populations of list B species designated for eradication pursuant to section 35-5.5-108 (2)(a). This section shall govern the responsibilities of the commissioner, local governing bodies, and affected landowners. Duties of commissioner. The commissioner may enforce the provisions of […]
§ 35-5.5-108.7. State Noxious Weed Advisory Committee – Repeal
There is hereby created the state noxious weed advisory committee, referred to in this section as the “state advisory committee”. The state advisory committee consists of seventeen members. Fifteen members are appointed by the commissioner and serve without per diem compensation or expenses. Of the fifteen members: (1) (a) (I) There is hereby created the […]
§ 35-5.5-109. Private Lands – Management of Noxious Weeds – Charges
The local governing body, through its delegates, agents, and employees, shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of inspecting for the existence of noxious weed infestations, when at least one of the following circumstances has occurred: The landowner or […]
§ 35-5.5-110. Public Lands – Control of Undesirable Plants – Charges
It is the duty of each state board, department, or agency that administers or supervises state lands to manage noxious weeds on any lands under its jurisdiction using the methods prescribed by the local governing body in whose jurisdiction such state lands are located. The local governing body may give notice to any such state […]
§ 35-5.5-111. Cooperation With Federal and State Agencies
The local governing bodies of all counties and municipalities in this state are hereby authorized to enter into cooperative agreements with federal and state agencies for the integrated management of noxious weeds within their respective territorial jurisdictions. Source: L. 90: Entire article added, p. 1557, § 1, effective July 1. L. 96: Entire section amended, […]
§ 35-5.5-112. Public Rights-of-Way – Management of Noxious Weeds – Charges
It shall be the duty of each local governing body and each state board, department, or agency to confirm that all public roads, public highways, public rights-of-way, and any easements appurtenant thereto, under the jurisdiction of each such entity, are in compliance with this article, and any violations of this article shall be the financial […]
§ 35-5.5-113. Public Nuisance – Abatement
All noxious weeds, at any and all stages, their carriers, and any and all premises, plants, and things infested or exposed to infestation therewith may be declared to be a public nuisance by the local governing body having jurisdiction over the lands upon which said noxious weeds are situated. Once declared, such nuisances are subject […]
§ 35-5.5-114.1. Survey of Compliance on Federal Land
On or before January 1, 1998, the state weed coordinator shall survey those counties that include significant amounts of federal land to determine the level of cooperation and compliance by the federal government with this article. Source: L. 96: Entire section added, p. 773, § 16, effective May 23.
§ 35-5.5-115. Rules
The commissioner shall promulgate rules as necessary to carry out the purposes of this article, which rules shall include a designation of state noxious weeds. Source: L. 96: Entire section added, p. 773, § 17, effective May 23.
§ 35-5.5-116. Noxious Weed Management Fund – Creation – Allocation of Funds
There is hereby created in the office of the state treasurer the noxious weed management fund. The fund consists of any civil penalties collected pursuant to section 35-5.5-118; any gifts, donations, and grants received pursuant to section 35-1-104 (1)(cc); and any moneys appropriated or transferred thereto by the general assembly. All interest derived from the […]
§ 35-5.5-117. The State Weed Coordinator
There shall be designated in the department of agriculture a state weed coordinator, who shall be under contract with or appointed by the commissioner. The state weed coordinator shall: Develop a recommended management plan for the integrated management of designated noxious weeds within state-owned lands; Facilitate cooperation between federal, state, and local land managers in […]