Montana Code 7-22-2153. Agreements for control of noxious weeds along roads — liability of landowner who objects to weed district control measures — penalties
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.
Terms Used In Montana Code 7-22-2153
- Board: means a district weed board created under 7-22-2103. See Montana Code 7-22-2101
- control: means the use of an integrated weed management program for the containment, suppression, and, where possible, eradication of noxious weeds. See Montana Code 7-22-2101
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of agriculture provided for in 2-15-3001. See Montana Code 7-22-2101
- District: means a weed management district organized under 7-22-2102. See Montana Code 7-22-2101
- 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. See Montana Code 7-22-2101
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- 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. See Montana Code 7-22-2101
(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.