HomeMy WebLinkAbout051721_cabs02JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, Interim County Administrator
FROM: Cliff Moore, WSU Jefferson County Extension Director
DATE: May 17, 2021
SUBJECT: UPDATE AND DISCUSSION re: Washington State Noxious Weed Control
Board (WSNWCB) update and offer of support and assistance.
STATEMENT OF ISSUE: During the 2021 session, the Washington State legislature passed SHB 1355
which amends RCW 17.10, the legislation enabling County governments to establish and operate local
Noxious Weed Control Boards. The Chair and staff of the State Noxious Weed Control Board requested
time to meet with the BoCC to discuss the impact of SHB 1355 and the structure of local Noxious Weed
Control Boards.
ANALYSIS: Staff have analyzed the SHB 1355 and report that it is a mostly positive step. While it does not
resolve all of the unanswered questions in RCW 17.10, it does helps clarify issues of concern, including the
possibility of eventually assessing the Washington State Department of Transportation (WSDOT). Hearing
from the State Noxious Weed Control Board Chair and staff will be helpful to the County program.
FISCAL IMPACT: To be determined. Section 12 (1) (b) of SHB 1355 requires an interagency
collaborative process that may, in 2023, allow a county to assess WSDOT for noxious weed control.
RECOMMENDATION: Accept request to meet with the State Noxious Weed Control Board and
determine what future actions may be required.
REVIEWED BY:
Mark McCaul , Interim County Admi istrator Dad
1 17.10.007
2 Purpose—Construction-1975 1st ex.s. c 13.
3 The purpose of this chapter is to limit economic loss and adverse effects to Washington's
4 agricultural, natural, and human resources due to the presence and spread of noxious weeds on
5 all terrestrial and aquatic areas in the state.
6 The intent of the legislature is that this chapter be liberally construed, and that the
7 jurisdiction, powers, and duties granted to the county noxious weed control boards by this
8 chapter are limited only by specific provisions of this chapter or other state and federal law.
9 [ 1997 c 353 § 1; 1975 1st ex.s. c 13 § 17. Formerly RCW 17.10.905.]
10
11 RCW 17.10.010
12 Definitions.
13 The definitions in this section apply throughout this chapter unless the context clearly
14 requires otherwise:
15 (1) "Noxious weed" means a plant that when established is highly destructive, competitive,
16 or difficult to control by cultural or chemical practices.
17 (2) "State noxious weed list" means a list of noxious weeds adopted by the state noxious
18 weed control board. The list is divided into three classes:
19 (a) Class A consists of those noxious weeds not native to the state that are of limited
20 distribution or are unrecorded in the state and that pose a serious threat to the state;
21 (b) Class B consists of those noxious weeds not native to the state that are of limited
22 distribution or are unrecorded in a region of the state and that pose a serious threat to that region;
23 (c) Class C consists of any other noxious weeds.
24 (3) "Person" means any individual, partnership, corporation, firm, the state or any
25 department, agency, or subdivision thereof, or any other entity.
26 (4) "Owner" means the person in actual control of property, or his or her agent, whether the
27 control is based on legal or equitable title or on any other interest entitling the holder to
28 possession and, for purposes of liability, pursuant to RCW 17.10.170 or 17.10.210, means the
29 possessor of legal or equitable title or the possessor of an easement: PROVIDED, That when the
30 possessor of an easement has the right to control or limit the growth of vegetation within the
31 boundaries of an easement, only the possessor of the easement is deemed, for the purpose of this
32 chapter, an "owner" of the property within the boundaries of the easement.
33 (5) As pertains to the duty of an owner, the words "control", "contain", "eradicate", and the
34 term "prevent the spread of noxious weeds" means conforming to the standards of noxious weed
35 control or prevention in this chapter or as adopted by rule in chapter 16-750 WAC by the state
36 noxious weed control board and an activated county noxious weed control board.
37 (6) "Agent" means any occupant or any other person acting for the owner and working or in
38 charge of the land.
39 (7) "Agricultural purposes" are those that are intended to provide for the growth and harvest
40 of food and fiber.
41 (8) "Director" means the director of the department of agriculture or the director's appointed
42 representative.
43 (9) "Weed district" means a weed district as defined in chapters 17.04 and 17.06 RCW.
44 (10) "Aquatic noxious weed" means an aquatic plant species that is listed on the state weed
45 list under RCW 17.10.080.
46 (11) "Screenings" means a mixture of mill or elevator run mixture or a combination of
47 varying amounts of materials obtained in the process of cleaning either grain or seeds, or both,
48 such as light or broken grain or seed, weed seeds, hulls, chaff, joints, straw, elevator dust, floor
49 sweepings, sand, and dirt.
50 [ 1997 c 353 § 2; 1995 c 255 § 6; 1987 c 438 § 1; 1975 1st ex.s. c 13 § 1; 1969 ex.s. c 113 § 1.]
51
52 RCW 17.10.020
53 County noxious weed control boards —Created —Jurisdiction —Inactive status.
54 (1) In each county of the state there is created a noxious weed control board, bearing the
55 name of the county within which it is located. The jurisdictional boundaries of each board are the
56 boundaries of the county within which it is located.
57 (2) Each noxious weed control board is inactive until activated pursuant to the provisions of
58 RCW 17.10.040.
59 [ 1997 c 353 § 3; 1969 ex.s. c 113 § 2.]
60
61 RCW 17.10.030
62 State noxious weed control board—Members—Terms—Elections—Meetings-
63 Reimbursement for travel expenses.
64 There is created a state noxious weed control board comprised of nine voting members and
65 three nonvoting members. Four of the voting members shall be elected by the members of the
66 various activated county noxious weed control boards, and shall be residents of a county in
67 which a county noxious weed control board has been activated and a member of said board, and
68 those qualifications shall continue through their term of office. Two of these members shall be
69 elected from the west side of the state, the crest of the Cascades being the dividing line, and two
70 from the east side of the state..030The director of agriculture is a voting member of the board.
71 One voting member shall be elected by the directors of the various active weed districts formed
72 under chapter 17.04 or 17.06 RCW. The Washington state association of counties appoints one
73 voting member who shall be a member of a county legislative authority. The director shall
74 appoint two voting members to represent the public interest, one from the west side and one from
75 the east side of the state. The director shall also appoint three nonvoting members representing
76 scientific disciplines relating to weed control. The term of office for all members of the board is
77 three years from the date of election or appointment.
78 The board, by rule, shall establish a position number for each elected position of the board
79 and shall designate which county noxious weed control board members are eligible to vote for
80 each elected position. The elected members serve staggered terms. Elections for the elected
81 members of the board shall be held thirty days prior to the expiration date of their respective
82 terms. Nominations and elections shall be by mail and conducted by the board.
83 The board shall conduct its first meeting within thirty days after all its members have been
84 elected. The board shall elect from its members a chair and other officers as may be necessary. A
85 majority of the voting members of the board constitutes a quorum for the transaction of business
86 and is necessary for any action taken by the board. The members of the board serve without
87 salary, but shall be reimbursed for travel expenses incurred in the performance of their duties
88 under this chapter in accordance with RCW 43.03.050 and 43.03.060.
89 [ 1997 c 353 § 4; 1987 c 438 § 2; 1975276 2nd ex.s. c 34 § 23; 1969 ex.s. c 113 § 3.]
90
91 RCW 17.10.040
92 Activation of inactive county noxious weed control board.
93 An inactive 17.10.140county noxious weed control board may be activated by any one of the
94 following methods:
95 (1) Either within sixty days after a petition is filed by one hundred registered voters within
96 the county or, on its own motion, the county legislative authority shall hold a hearing to
97 determine whether there is a need, due to a damaging infestation of noxious weeds, to activate
98 the county noxious weed control board. If such a need is found to exist, then the county
99 legislative authority shall, in the manner provided by RCW 17.10.050, appoint five persons to
100 the county's noxious weed control board.
101 (2) If the county's noxious weed control board is not activated within one year following a
102 hearing by the county legislative authority to determine the need for activation, then upon the
103 filing with the state noxious weed control board of a petition comprised either of the signatures
104 of at least two hundred registered voters within the county, or of the signatures of a majority of
105 an adjacent county's noxious weed control board, the state board shall, within six months of the
106 date of the filing, hold a hearing in the county to determine the need for activation. If a need for
107 activation is found to exist, then the state board shall order the county legislative authority to
108 activate the county's noxious weed control board and to appoint members to the board in the
109 manner provided by RCW 17.10.050.
110 (3) The director, upon request of the state noxious weed control board, shall order a county
111 legislative authority to activate the noxious weed control board immediately if an infestation of a
112 class A noxious weed or class B noxious weed designated for control on the state noxious weed
113 list is confirmed in that county. The county legislative authority may, as an alternative to
114 activating the noxious weed board, combat the class A noxious weed or class B noxious weed
115 with county resources and personnel operating with the authorities and responsibilities imposed
116 by this chapter on a county noxious weed control board. No county may continue without a
117 noxious weed control board for a second consecutive year if the class A noxious weed or class B
118 noxious weed has not been eradicated.
119 [ 1997 c 353 § 5; 1987 c 438 § 3; 1975 1st ex.s. c 13 § 2; 1969 ex.s. c 113 § 4.]
120
121 RCW 17.10.050
122 Activated county noxious weed control board—Members—Election—Terms—Meetings-
123 Quorum —Expenses —Officers —Vacancy.
124 (1) Each activated county noxious weed control board consists of five voting members
125 appointed by the county legislative authority. In appointing the voting members, the county
126 legislative authority shall divide the county into five geographical areas that best represent the
127 county's interests, and appoint a voting member from each geographical area. At least four of the
128 voting members shall be engaged in the primary production of agricultural products. There is one
129 nonvoting member on the board who is the chair of the county extension office or an extension
130 agent appointed by the chair of the county extension office. Each voting member of the board
131 serves a term of four years, except that the county legislative authority shall, when a board is first
132 activated under this chapter, designate two voting members to serve terms of two years. The
133 board members shall not receive a salary but shall be compensated for actual and necessary
134 expenses incurred in the performance of their official duties.
135 (2) The voting members of the board serve until their replacements are appointed. New
136 members of the board shall be appointed at least thirty days prior to the expiration of any board
137 member's term of office.
138 Notice of expiration of a term of office shall be published at least twice in a weekly or daily
139 newspaper of general circulation in the section [geographical area] with last publication
140 occurring at least ten days prior to the nomination. All persons interested in appointment to the
141 board and residing in the geographical area with a pending nomination shall make a written
142 application that includes the signatures of at least ten registered voters residing in the
143 geographical area supporting the nomination to the county noxious weed control board. After
144 nominations close, the county noxious weed control board shall, after a hearing, send the
145 applications to the county legislative authority recommending the names of the most qualified
146 candidates, and post the names of those nominees in the county courthouse and publish in at least
147 one newspaper of general circulation in the county. The county legislative authority, within ten
148 days of receiving the list of nominees, shall appoint one of those nominees to the county noxious
149 weed control board to represent that geographical area during that term of office.
150 (3) Within thirty days after all the members have been appointed, the board shall conduct its
151 first meeting. A majority of the voting members of the board constitutes a quorum for the
152 transaction of business and is necessary for any action taken by the board. The board shall elect
153 from its members a chair and other officers as may be necessary.
154 (4) In case of a vacancy occurring in any voting position on a county noxious weed control
155 board, the county legislative authority of the county in which the board is located shall appoint a
156 qualified person to fill the vacancy for the unexpired term.
157 [ 1997 c 353 § 6; 1987 c 438 § 4; 1980 c 95 § 1; 1977 ex.s. c 26 § 6; 1975 1st ex.s. c 13 § 3;
158 1974 ex.s. c 143 § 1; 1969 ex.s. c 113 § 5.]
159
160 RCW 17.10.060
161 Activated county noxious weed control board —Weed coordinator —Authority —Rules and
162 regulations.
163 (1) Each activated county noxious weed control board shall employ or otherwise provide a
164 weed coordinator whose duties are fixed by the board but which shall include inspecting land to
165 determine the presence of noxious weeds, offering technical assistance and education, and
166 developing a program to achieve compliance with the weed law. The weed coordinator may be
167 employed full time, part time, or seasonally by the county noxious weed control board. County
168 weed board employment practices shall comply with county personnel policies. Within sixty
169 days from initial employment the weed coordinator shall obtain a pest control consultant license,
170 a pesticide operator license, and the necessary endorsements on the licenses as required by law.
171 Each board may purchase, rent, or lease equipment, facilities, or products and may hire
172 additional persons as it deems necessary for the administration of the county's noxious weed
173 control program.
174 (2) Each county noxious weed control board has the power to adopt rules and regulations,
175 subject to notice and hearing as provided in chapters 42.30 and 42.32 RCW, as are necessary for
176 an effective county weed control or eradication program.
177 (3) Each activated county noxious weed control board shall meet with a quorum at least
178 quarterly.
179 [ 1997 c 353 § 7; 1987 c 438 § 5; 1969 ex.s. c 113 § 6.]
180 NOTES:
181 *Reviser's note: The only section in chapter 42.32 RCW, RCW 42.32.030, was recodified as
182 RCW 42.30.035 pursuant to 2017 3rd sp.s. c 25 § 30.
183
184 RCW 17.10.070
185 State noxious weed control board —Powers —Report.
186 (1) In addition to the powers conferred on the state noxious weed control board under other
187 provisions of this chapter, it has the power to:
188 (a) Employ a state noxious weed control board executive secretary, and additional persons as
189 it deems necessary, to disseminate information relating to noxious weeds to county noxious weed
190 control boards and weed districts, to coordinate the educational and weed control efforts of the
191 various county and regional noxious weed control boards and weed districts, and to assist the
192 board in carrying out its responsibilities;
193 (b) Adopt, amend, or repeal rules, pursuant to the administrative procedure act, chapter 34.05
194 RCW, as may be necessary to carry out the duties and authorities assigned to the board by this
195 chapter.
196 (2) The state noxious weed control board shall provide a written report before January 1 st of
197 each odd -numbered year to the county noxious weed control boards and the weed districts
198 showing the expenditure of state funds on noxious weed control; specifically how the funds were
199 spent; the status of the state, county, and district programs; and recommendations for the
200 continued best use of state funds for noxious weed control. The report shall include
201 recommendations as to the long-term needs regarding weed control.
202 [ 1998 c 245 § 3; 1997 c 353 § 8; 1987 c 438 § 6; 1975 1st ex.s. c 13 § 4; 1969 ex.s. c 113 § 7.]
203
204 RCW 17.10.074
205 Director —Powers.
206 (1) In addition to the powers conferred on the director under other provisions of this chapter,
207 the director, with the advice of the state noxious weed control board, has power to:
208 (a) Require the county legislative authority or the noxious weed control board of any county
209 or any weed district to report to it concerning the presence, absence, or estimated amount of
210 noxious weeds and measures, if any, taken or planned for the control thereof,
211 (b) Employ staff as may be necessary in the administration of this chapter;
212 (c) Adopt, amend, or repeal rules, pursuant to the administrative procedure act, chapter 34.05
213 RCW, as may be necessary to carry out this chapter;
214 (d) Do such things as may be necessary and incidental to the administration of its functions
215 pursuant to this chapter including but not limited to surveying for and detecting noxious weed
216 infestations;
217 (e) Upon receipt of a complaint signed by a majority of the members of an adjacent county
218 noxious weed control board or weed district, or by one hundred registered voters that are land
219 owners within the county, require the county legislative authority or noxious weed control board
220 of the county or weed district that is the subject of the complaint to respond to the complaint
221 within forty-five days with a plan for the control of the noxious weeds cited in the complaint;
222 (0 If the complaint in (e) of this subsection involves a class A or class B noxious weed, order
223 the county legislative authority, noxious weed control board, or weed district to take immediate
224 action to eradicate or control the noxious weed infestation. If the county or the weed district does
225 not take action to control the noxious weed infestation in accordance with the order, the director
226 may control it or cause it to be controlled. The county or weed district is liable for payment of
227 the expense of the control work including necessary costs and expenses for attorneys' fees
228 incurred by the director in securing payment from the county or weed district. The director may
229 bring a civil action in a court of competent jurisdiction to collect the expenses of the control
230 work, costs, and attorneys' fees;
231 (g) In counties without an activated noxious weed control board, enter upon any property as
232 provided for in RCW 17.10.160, issue or cause to be issued notices and citations and take the
233 necessary action to control noxious weeds as provided in RCW 17.10.170, hold hearings on any
234 charge or cost of control action taken as provided for in RCW 17.10.180, issue a notice of civil
235 infraction as provided for in RCW 17.10.230 and 17.10.310 through [and] 17.10.350, and place a
236 lien on any property pursuant to RCW 17.10.280, 17.10.290, and 17.10.300 with the same
237 authorities and responsibilities imposed by these sections on county noxious weed control
238 boards;
239 (h) Adopt a list of noxious weed seeds and toxic weeds which shall be controlled in
240 designated articles, products, or feed stuffs as provided for in RCW 17.10.235.
241 (2) The moneys appropriated for noxious weed control to the department shall be used for
242 administration of the state noxious weed control board, the administration of the director's
243 powers under this chapter, the purchase of materials for controlling, containing, or eradicating
244 noxious weeds, the purchase or collection of biological control agents for controlling noxious
245 weeds, and the contracting for services to carry out the purposes of this chapter. In a county with
246 an activated noxious weed control board, the director shall make every effort to contract with
247 that board for the needed services.
248 (3) If the director determines the need to reallocate funds previously designated for county
249 use, the director shall convene a meeting of the state noxious weed control board to seek its
250 advice concerning any reallocation.
251 [ 1997 c 353 § 9; 1987 c 438 § 7.]
252
253 RCW 17.10.080
254 State noxious weed list —Hearing —Adoption —Guidelines for placing plants on the list-
255 Dissemination.
256 (1) The state noxious weed control board shall each year or more often, following a hearing,
257 adopt a state noxious weed list.
258 (2) The state noxious weed control board shall adopt guidelines by rule for placing plants on
259 the state noxious weed list. These guidelines must include criteria for reconsideration of
260 proposed new species that were not adopted by the state noxious weed control board, including
261 the need for the board to be presented with additional data from scientific sources regarding any
262 invasive and noxious qualities of the species and from existing positive economic benefits before
263 taking any action.
264 (3) Any person may request during a comment period established by the state noxious weed
265 control board the inclusion, deletion, or designation change of any plant to the state noxious
266 weed list.
267 (4) The state noxious weed control board shall send a copy of the list to each activated
268 county noxious weed control board, to each weed district, and to the county legislative authority
269 of each county with an inactive noxious weed control board.
270 (5) The record of rule making must include the written findings of the board for the inclusion
271 of each plant on the list. The findings shall be made available upon request to any interested
272 person.
273 [ 2011 c 126 § 1; 1997 c 353 § 10; 1989 c 175 § 57; 1987 c 438 § 8; 1975 1st ex.s. c 13 § 5; 1969
274 ex.s. c 113 § 8.]
275 NOTES:
276 Effective date1989 c 175: See note following RCW 34.05.010.
277
278 RCW 17.10.090
279 State noxious weed list —Selection of weeds for control by county board.
280 (1) Each county noxious weed control board shall, within ninety days of the adoption of the
281 state noxious weed list from the state noxious weed control board and following a hearing, select
282 those weeds from the class C list and those weeds from the class B list not designated for control
283 in the noxious weed control region in which the county lies that it finds necessary to be
284 controlled in the county.
285 (2) The weeds thus selected and all class A weeds and those class B weeds that have been
286 designated for control in the noxious weed control region in which the county lies shall be
287 classified within that county as noxious weeds, and those weeds comprise the county noxious
288 weed list.
289 (3) Nothing in this chapter limits a county noxious weed control board, or other branch of
290 county or city government, from conducting education, outreach, or other assistance regarding
291 plant species not included on the state noxious weed list if the county or city determines that the
292 plant species causes localized risk or concern.
293 [ 2011 c 126 § 2; 1997 c 353 § 11; 1987 c 438 § 9; 1969 ex.s. c 113 § 9.]
294
295 RCW 17.10.100
296 Order to county board to include weed from state board's list in county's noxious weed list.
297 Where any of the following occur, the state noxious weed control board may, following a
298 hearing, order any county noxious weed control board or weed district to include a noxious weed
299 from the state board's list in the county's noxious weed list:
300 (1) Where the state noxious weed control board receives a petition from at least one hundred
301 registered voters within the county requesting that the weed be listed.
302 (2) Where the state noxious weed control board receives a request for inclusion from an
303 adjacent county's noxious weed control board or weed district, which the adjacent board or
304 district has included that weed in its county list, and the adjacent board or weed district alleges
305 that its noxious weed control program is being hampered by the failure to include the weed on
306 the county's noxious weed list.
307 [ 1997 c 353 § 12; 1987 c 438 § 10; 1969 ex.s. c 113 § 10.]
308
309 RCW 17.10.110
310 Regional noxious weed control board —Creation.
311 A regional noxious weed control board comprising the area of two or more counties may be
312 created as follows:
313 Either the county legislative authority, or the noxious weed control board, or both, of two or
314 more counties may, upon a determination that the purpose of this chapter will be served by the
315 creation of a regional noxious weed control board, adopt a resolution providing for a limited
316 merger of the functions of their respective counties noxious weed control boards. The resolution
317 becomes effective only when a similar resolution is adopted by the other county or counties
318 comprising the proposed regional board.
319 [ 1997 c 353 § 13; 1987 c 438 § 11; 1975 1st ex.s. c 13 § 6; 1969 ex.s. c 113 § 11.]
320
321 RCW 17.10.120
322 Regional noxious weed control board —Members —Meetings —Quorum —Officers —Effect
323 on county boards.
324 In any case where a regional noxious weed control board is created, the county noxious weed
325 control boards comprising the regional board shall still remain in existence and shall retain all
326 powers and duties provided for the boards under this chapter.
327 The regional noxious weed control board is comprised of the voting members and the
328 nonvoting members of the component counties noxious weed control boards or county legislative
329 authorities who shall, respectively, be the voting and nonvoting members of the regional board:
330 PROVIDED, That each county shall have an equal number of voting members. The board may
331 appoint other nonvoting members as deemed necessary. A majority of the voting members of the
332 board constitutes a quorum for the transaction of business and is necessary for any action taken
333 by the board. The board shall elect a chair from its members and other officers as may be
334 necessary. Members of the regional board serve without salary but shall be compensated for
335 actual and necessary expenses incurred in the performance of their official duties.
336 [ 1997 c 353 § 14; 1987 c 438 § 12; 1969 ex.s. c 113 § 12.]
337
338 RCW 17.10.130
339 Regional noxious weed control board —Powers and duties.
340 The powers and duties of a regional noxious weed control board are as follows:
341 (1) The regional board shall, within ninety days of the adoption of the state noxious weed list
342 from the state noxious weed control board and following a hearing, select those weeds from the
343 state list that it finds necessary to be controlled on a regional basis. The weeds thus selected shall
344 also be contained in the county noxious weed list of each county in the region.
345 (2) The regional board shall take action as may be necessary to coordinate the noxious weed
346 control programs of the region and adopt a regional plan for the control of noxious weeds.
347 [ 1997 c 353 § 15; 1987 c 438 § 13; 1969 ex.s. c 113 § 13.]
348
349 RCW 17.10.134
350 Liability of county and regional noxious weed control boards.
351 Obligations or liabilities incurred by any county or regional noxious weed control board or
352 any claims against a county or regional noxious weed control board are governed by chapter 4.96
353 RCW or RCW 4.08.120: PROVIDED, That individual members or employees of a county
354 noxious weed control board are personally immune from civil liability for damages arising from
355 actions performed within the scope of their official duties or employment.
356 [ 1997 c 353 § 16; 1987 c 438 § 14.]
357
358 RCW 17.10.140
359 Owner's duty to control spread of noxious weeds.
360 (1) Except as is provided under subsection (2) of this section, every owner shall perform or
361 cause to be performed those acts as may be necessary to:
362 (a) Eradicate all class A noxious weeds;
363 (b) Control and prevent the spread of all class B noxious weeds designated for control in that
364 region within and from the owner's property; and
365 (c) Control and prevent the spread of all class B and class C noxious weeds listed on the
366 county weed list as locally mandated control priorities within and from the owner's property.
367 (2) Forest lands classified under RCW 17.10240(2), or meeting the definition of forest lands
368 contained in RCW 17.10.240, are subject to the requirements of subsection (1)(a) and (b) of this
369 section at all times. Forest lands are subject to the requirements of subsection (1)(c) of this
370 section only within a one thousand foot buffer strip of adjacent land uses. In addition, forest
371 lands are subject to subsection (1)(c) of this section for a single five-year period following the
372 harvesting of trees for lumber.
373 [ 1997 c 353 § 17; 1969 ex.s. c 113 § 14.]
374
375 RCW 17.10.145
376 State agencies' duty to control spread of noxious weeds —Replacement of noxious weeds
377 with native forage plants that are beneficial to pollinators.
378 (1) All state agencies shall control noxious weeds on lands they own, lease, or otherwise
379 control through integrated pest management practices. Agencies shall develop plans in
380 cooperation with county noxious weed control boards to control noxious weeds in accordance
381 with standards in this chapter.
382 (2) All state agencies' lands must comply with this chapter, regardless of noxious weed
383 control efforts on adjacent lands.
384 (3) While conducting planned projects to ensure compliance with this chapter, all agencies
385 must give preference, when deemed appropriate by the acting agency for the project and targeted
386 resource management goals, to replacing pollen -rich or nectar -rich noxious weeds with native
387 forage plants that are beneficial for all pollinators, including honey bees.
388 [ 2016 c 44 § 2; 1997 c 353 § 18; 1995 c 374 § 75.]
389 NOTES:
390 Pilot project2016 c 44: "(1) The state noxious weed control board shall conduct a pilot
391 project that evaluates the options, methods, and costs of purposefully replacing pollen -rich and
392 nectar -rich noxious weeds, such as knapweeds and nonnative thistles, which are productive
393 forage plants for honey bees, with either native or noninvasive, nonnative forage plants that can
394 produce similar levels of pollen and nectar with a similar bloom succession to support
395 populations of honey bees and other pollinators. The goal of the pilot project is to develop
396 optional guidance and best practices for landowners and land managers faced with the removal
397 of noxious weeds. The pilot project must be developed to maximize the dual public benefits of
398 reducing noxious weeds in Washington and supporting agricultural production through the
399 maintenance of access to seasonally balanced pollen -rich and nectar -rich plants for honey bees
400 and other pollinators.
401 (2)(a) In implementing the pilot project, the state noxious weed control board must
402 coordinate with willing landowners to provide goods or services, such as plant starts and seed
403 packs, necessary to replace noxious weeds with either native or noninvasive, nonnative plants or
404 to create, in conjunction with noxious weed control efforts, new seasonally balanced forage
405 patches for honey bees and other pollinators.
406 (b) Priority in participation in the pilot project must be given to interested private landowners
407 located in areas where the dual benefits of the pilot project can be maximized. However, public
408 landowners or managers may also be considered for participation. No landowner may be
409 required to participate in the pilot project either directly or as a condition of a permit or other
410 governmental action.
411 (3) The implementation details of the pilot project required by this section are at the sole
412 discretion of the state noxious weed control board, including the selection of pilot project
413 partners and participants. However, pilot project partners should be located in both eastern and
414 western Washington. The state noxious weed control board:
415 (a) Shall coordinate with the county noxious weed control boards in which pilot projects are
416 located, unless the county does not have a local noxious weed control board; and
417 (b) May coordinate with the state conservation commission or individual conservation
418 districts in the implementation of the pilot project if the state noxious weed control board finds
419 that coordination would be beneficial.
420 (4) The state noxious weed control board must issue a report to the legislature, consistent
421 with RCW 43.01.036, that outlines the successes and challenges of the pilot project, including
422 the development of the tools in this subsection. This report must be presented by October 31,
423 2020, and include:
424 (a) A description of the following tools:
425 (i) A list of suitable pollen -rich forage plant alternatives to noxious weeds, taking into
426 account traits such as nectar and pollen quality, bloom succession, growth requirements, and
427 habitat type;
428 (ii) A list of seed and plant start suppliers that may be able to provide pollen -rich forage plant
429 alternatives to noxious weeds. The list may only include suppliers who are willing to ensure the
430 identity and purity of seed through appropriate testing performed or approved by the Washington
431 state department of agriculture or by any other agency authorized under the laws of any state,
432 territory, or possession that has standards and procedures approved by the United States secretary
433 of agriculture to ensure the identity and purity of seed; and
434 (iii) A matrix, based on the pilot project, to provide guidelines to landowners and land
435 managers when replacing noxious weeds or creating new pollen -rich forage patches;
436 (b) An assessment scale that may be used by landowners, land managers, and the apiary
437 industry to rate the usefulness of the tools described in this subsection; and
438 (c) Any recommendations for extending the pilot project or using the lessons learned as part
439 of Washington's overall noxious weed control strategy.
440 (5) This section expires June 30, 2021." [ 2016 c 44 § 1.]
441 Effective date1995 c 374 §§ 69, 70, and 72-79: See note following RCW 16.24.130.
442
443 17.10.150
444 Owner's duty in controlling noxious weeds on nonagricultural land —Buffer strip
445 defined —Limitation.
446 (1) The county noxious weed control board in each county may classify lands for the
447 purposes of this chapter. In regard to any land which is classified by the county noxious weed
448 control board as not being used for agricultural purposes, the owner thereof shall have the
449 following limited duty to control noxious weeds present on such land:
450 (a) The owner shall eradicate all class A noxious weeds, and shall control and prevent the
451 spread of class B noxious weeds designated for control within the region in which such land lies.
452 The owner shall also control and prevent the spread of class C noxious weeds on any portion of
453 such land which is within the buffer strip around land used for agricultural purposes. The buffer
454 strip shall be all land which is within one thousand feet of land used for agricultural purposes.
455 (b) In any case of a serious infestation of a particular noxious weed, which infestation exists
456 within the buffer strip of land described in paragraph (a) of subsection (1) of this section, and
457 which extends beyond said buffer strip of land, the county noxious weed control board may
458 require that the owner of such buffer strip of land take such measures, both within said buffer
459 strip of land as well as on other land owned by said owner contiguous to said buffer strip of land
460 on which such serious infestation has spread, as are necessary to control and prevent the spread
461 of such particular noxious weed.
462 (c) Forest lands classified pursuant to RCW 17.10.240 (3) shall be subject to the weed
463 control requirements established in subsection (1) (a) and (b) of this section at all times whether
464 such lands are used for agricultural purposes or are not used for such purposes. In addition,
465 forest lands shall be subject to RCW 17.10.140 and all other provisions of this chapter for a
466 single five-year period designated by the county noxious weed control board following the
467 harvesting of trees for timber.
468 (2) In regard to any land which is classified by the county noxious weed control board as
469 scab or range land, the board may limit the duty of the owner thereof to control class C noxious
470 weeds present on such land. The board may share the cost of controlling such weeds, may
471 provide for a buffer strip around the perimeter of such land or may take any other reasonable
472 measures to control or contain noxious weeds on such land at an equitable cost to the owner.
473 The board shall classify as range or scab land all that land within the county for which the board
474 finds that the cost of controlling all of the noxious weeds present would be disproportionately
475 high when compared to the benefits derived from noxious weed control on such land.
476 [ 1997 c 353 § 19; 1987 c 438 § 16.]
477
478 RCW 17.10.154
479 Owners' agreements with county noxious weed control boards —Terms —Enforcement.
480 It is recognized that the prevention, control, and eradication of noxious weeds presents a
481 problem for immediate as well as for future action. It is further recognized that immediate
482 prevention, control, and eradication is practicable on some lands and that prevention, control,
483 and eradication on other lands should be extended over a period of time. Therefore, it is the
484 intent of this chapter that county noxious weed control boards may use their discretion and, by
485 agreement with the owners of land, may propose and accept plans for prevention, control, and
486 eradication that may be extended over a period of years. The county noxious weed control board
487 may make an agreement with the owner of any parcel of land by contract between the landowner
488 and the respective county noxious weed control board, and the board shall enforce the terms of
489 any agreement. The county noxious weed control board may make any terms that will best serve
490 the interests of the owners of the parcel of land and the common welfare that comply with this
491 chapter. Agreements made under this section must include at least a one thousand foot buffer for
492 all adjacent agricultural land uses. Noxious weed control in this buffer must comply with RCW
493 17.10.140(l).
494 [ 1997 c 353 § 19; 1987 c 438 § 16.]
495
496 RCW 17.10.160
497 Right of entry —Warrant for noxious weed search —Civil liability —Penalty for preventing
498 entry.
499 Any authorized agent or employee of the county noxious weed control board or of the state
500 noxious weed control board or of the department of agriculture where not otherwise proscribed
501 by law may enter upon any property for the purpose of administering this chapter and any power
502 exercisable pursuant thereto, including the taking of specimens of weeds, general inspection, and
503 the performance of eradication or control work. Prior to carrying out the purpose for which the
504 entry is made, the official making such entry or someone in his or her behalf, shall make a
505 reasonable attempt to notify the owner of the property as to the purpose and need for the entry.
506 (1) When there is probable cause to believe that there is property within this state not
507 otherwise exempt from process or execution upon which noxious weeds are standing or growing
508 and the owner refuses permission to inspect the property, a judge of the superior court or district
509 court in the county in which the property is located may, upon the request of the county noxious
510 weed control board or its agent, issue a warrant directed to the board or agent authorizing the
511 taking of specimens of weeds or other materials, general inspection, and the performance of
512 eradication or control work.
513 (2) Application for issuance and execution and return of the warrant authorized by this
514 section shall be in accordance with the applicable rules of the superior court or the district courts.
515 (3) Nothing in this section requires the application for and issuance of any warrant not
516 otherwise required by law: PROVIDED, That civil liability for negligence shall lie in any case in
517 which entry and any of the activities connected therewith are not undertaken with reasonable
518 care.
519 (4) Any person who improperly prevents or threatens to prevent entry upon land as
520 authorized in this section or any person who interferes with the carrying out of this chapter shall
521 be upon conviction guilty of a misdemeanor.
522 [ 1997 c 353 § 20; 1987 c 438 § 17; 1969 ex.s. c 113 § 16.]
523
524 RCW 17.10.170
525 Finding presence of noxious weeds —Notice for failure of owner to control —Control by
526 county board —Liability of owner —Lien —Alternative.
527 (1) Whenever the county noxious weed control board finds that noxious weeds are present on
528 any parcel of land, and that the owner is not taking prompt and sufficient action to control the
529 noxious weeds, pursuant to the provisions of RCW 17.10.140, it shall notify the owner that a
530 violation of this chapter exists. The notice shall be in writing and sent by certified mail, and shall
531 identify the noxious weeds found to be present, order prompt control action, and specify the
532 time, of at least ten days from issuance of the notice, within which the prescribed action must be
533 taken. Upon deposit of the certified letter of notice, the noxious weed control authority shall
534 make an affidavit of mailing that is prima facie evidence that proper notice was given. If seed or
535 other propagule dispersion is imminent, immediate control action may be taken forty-eight hours
536 following the time that notification is reasonably expected to have been received by the owner or
537 agent by certified mail or personal service, instead of ten days. If a landowner received a notice
538 of violation from the county noxious weed control board in a prior growing season, removal or
539 destruction of all above ground plant parts may be required at the most effective point in the
540 growing season, as determined by the county weed board, which may be before or after
541 propagule dispersion.
542 (2) The county noxious weed control board or its authorized agents may issue a notice of
543 civil infraction as provided for in RCW 17.10.230, 17.10.310, and 17.10.350 to owners who do
544 not take action to control noxious weeds in accordance with the notice.
545 (3) If the owner does not take action to control the noxious weeds in accordance with the
546 notice, the county board may control them, or cause their being controlled, at the expense of the
547 owner. The amount of the expense constitutes a lien against the property and may be enforced by
548 proceedings on the lien except as provided for by RCW 79.44.060. The owner is liable for
549 payment of the expense, and nothing in this chapter shall be construed to prevent collection of
550 any judgment on account thereof by any means available pursuant to law, in substitution for
551 enforcement of the lien. Necessary costs and expenses including reasonable attorneys' fees
552 incurred by the county noxious weed control board in carrying out this section may be recovered
553 at the same time as a part of the action filed under this section. Funds received in payment for the
554 expense of controlling noxious weeds shall be transferred to the county noxious weed control
555 board to be expended as required to carry out the purposes of this chapter.
556 (4) The county auditor shall record in his or her office any lien created under this chapter,
557 and any lien shall bear interest at the rate of twelve percent per annum from the date on which
558 the county noxious weed control board approves the amount expended in controlling the weeds.
559 (5) As an alternative to the enforcement of any lien created under subsection (3) of this
560 section, the county legislative authority may by resolution or ordinance require that each lien
561 created be collected by the treasurer in the same manner as a delinquent real property tax, if
562 within thirty days from the date the owner is sent notice of the lien, including the amount thereof,
563 the lien remains unpaid and an appeal has not been made pursuant to RCW 17.10.180. Liens
564 treated as delinquent taxes bear interest at the rate of twelve percent per annum and the interest
565 accrues as of the date notice of the lien is sent to the owner: PROVIDED, That any collections
566 for the lien shall not be considered as tax.
567 [ 1997 c 353 § 21; 1987 c 438 § 18; 1979 c 118 § 1; 1975 1st ex.s. c 13 § 8; 1974 ex.s. c 143 § 3;
568 1969 ex.s. c 113 § 17.]
569
570 RCW 17.10.180
571 Hearing on liability for expense of control —Notice —Review.
572 Any owner, upon request pursuant to the rules and regulation of the county noxious weed
573 control board, is entitled to a hearing before the board on any charge or cost for which the owner
574 is alleged to be liable pursuant to RCW 17.10.170 or 17.10.210. The board shall send notice by
575 certified mail within thirty days, to each owner at the owner's last known address, as to any
576 charge or cost and as to his or her right of a hearing. The hearing shall be scheduled within forty-
577 five days of notification. Any determination or final action by the board is subject to judicial
578 review by a proceeding in the superior court in the county in which the property is located, and
579 the court has original jurisdiction to determine any suit brought by the owner to recover damages
580 allegedly suffered on account of control work negligently performed: PROVIDED, That no stay
581 or injunction shall lie to delay any control work subsequent to notice given pursuant to RCW
582 17.10.160 or pursuant to an order under RCW 17.10.210.
583 [ 1997 c 353 § 22; 1987 c 438 § 19; 1969 ex.s. c 113 § 18.]
584
585 RCW 17.10.190
586 Notice and information as to noxious weed control.
587 Each activated county noxious weed control board must publish annually, and at other times
588 as may be appropriate, in at least one newspaper of general circulation within its area, a general
589 notice. The notice shall direct attention to the need for noxious weed control and give other
590 information concerning noxious weed control requirements as may be appropriate, or indicate
591 where such information may be secured. In addition to the general notice required, the county
592 noxious weed control board may use any appropriate media for the dissemination of information
593 to the public as may be calculated to bring the need for noxious weed control to the attention of
594 owners. The board may consult with individual owners concerning their problems of noxious
595 weed control and may provide them with information and advice, including giving specific
596 instructions and methods when and how certain named weeds are to be controlled. The methods
597 may include some combination of physical, mechanical, cultural, chemical, and/or biological
598 methods, including livestock. Publication of a notice as required by this section is not a condition
599 precedent to the enforcement of this chapter.
600 [ 1997 c 353 § 23; 1987 c 438 § 20; 1975 1st ex.s. c 13 § 9; 1969 ex.s. c 113 § 19.]
601
602 RCW 17.10.201
603 Noxious weed control on federal and tribal lands —State and county cooperation.
604 (1) The state noxious weed control board shall:
605 (a) Work with the various federal and tribal land management agencies to coordinate state
606 and federal noxious weed control;
607 (b) Encourage the various federal and tribal land management agencies to devote more time
608 and resources to noxious weed control; and
609 (c) Assist the various federal and tribal land management agencies by seeking adequate
610 funding for noxious weed control.
611 (2) County noxious weed control boards and weed districts shall work with the various
612 federal and tribal land management agencies in each county in order to:
613 (a) Identify new noxious weed infestations;
614 (b) Outline and plan necessary noxious weed control actions;
615 (c) Develop coordinated noxious weed control programs; and
616 (d) Notify local federal and tribal agency land managers of noxious weed infestations.
617 (3) The department of agriculture, county noxious weed control boards, and weed districts
618 are authorized to enter federal lands, with the approval of the appropriate federal agency, to
619 survey for and control noxious weeds where control measures of a type and extent required
620 under this chapter have not been taken.
621 (4) The department of agriculture, county noxious weed control boards, and weed districts
622 may bill the federal land management agency that manages the land for all costs of the noxious
623 weed control performed on federal land. If not paid by the federal agency that manages the land,
624 the cost of the noxious weed control on federal land may be paid from any funds available to the
625 county noxious weed control board or weed district that performed the noxious weed control.
626 Alternatively, the costs of noxious weed control on federal land may be paid from any funds
627 specifically appropriated to the department of agriculture for that purpose.
628 (5) The department of agriculture, county noxious weed control boards, and weed districts
629 are authorized to enter into any reasonable agreement with the appropriate authorities for the
630 control of noxious weeds on federal or tribal lands.
631 (6) The department of agriculture, county noxious weed control boards, and weed districts
632 shall consult with state agencies managing federal land concerning noxious weed infestation and
633 control programs.
634 [ 1997 c 353 § 34.]
635
636 RCW 17.10.205
637 Control of noxious weeds in open areas.
638 Open areas subject to the spread of noxious weeds, including but not limited to subdivisions,
639 school grounds, playgrounds, parks, and rights -of -way shall be subject to regulation by activated
640 county noxious weed control boards in the same manner and to the same extent as is provided for
641 all terrestrial and aquatic lands of the state.
642 [ 1997 c 353 § 24; 1975 lst ex.s. c 13 § 16.]
643
644 RCW 17.10.210
645 Quarantine of land —Order —Expense.
646 (1) Whenever the director, the county noxious weed control board, or a weed district finds
647 that a parcel of land is so seriously infested with class A or class B noxious weeds that control
648 measures cannot be undertaken thereon without quarantining the land and restricting or denying
649 access thereto or use thereof, the director, the county noxious weed control board, or weed
65o district, with the approval of the director of the department of agriculture, may issue an order for
651 the quarantine and restriction or denial of access or use. Upon issuance of the order, the director,
652 the county noxious weed control board, or the weed district shall commence necessary control
653 measures and may institute legal action for the collection of costs for control work, which may
654 include attorneys' fees and the costs of other appropriate actions.
655 (2) An order of quarantine shall be served, by any method sufficient for the service of civil
656 process, on all persons known to qualify as owners of the land within the meaning of this
657 chapter.
658 (3) The director shall, with the advice of the state noxious weed control board, determine
659 how the expense of control work undertaken pursuant to this section, and the cost of any
660 quarantine in connection therewith, is apportioned.
661 [ 1997 c 353 § 25; 1987 c 438 § 22; 1969 ex.s. c 113 § 21.]
662
663 RCW 17.10.230
664 Violations —Penalty.
665 Any owner knowing of the existence of any noxious weeds on the owner's land who fails to
666 control such weeds in accordance with this chapter and rules and regulations in force pursuant
667 thereto; or any person who enters upon any land in violation of an order in force pursuant to
668 RCW 17.10.210; or any person who interferes with the carrying out of the provisions of this
669 chapter has committed a civil infraction.
670 [ 1987 c 438 § 23; 1979 c 118 § 2; 1969 ex.s. c 113 § 23.]
671
672 RCW 17.10.235
673 Selling product, article, or feed containing noxious weed seeds or toxic weeds—Penalty-
674 Rules —Inspections —Fees.
675 (1) The director of agriculture shall adopt, with the advice of the state noxious weed control
676 board, rules designating noxious weed seeds which shall be controlled in products, screenings, or
677 articles to prevent the spread of noxious weeds. The rules shall identify the products, screenings,
678 and articles in which the seeds must be controlled and the maximum amount of the seed to be
679 permitted in the product, screenings, or article to avoid a hazard of spreading the noxious weed
680 by seed from the product, screenings, or article. The director shall also adopt, with the advice of
681 the state board, rules designating toxic weeds which shall be controlled in feed stuffs and
682 screenings to prevent injury to the animal that consumes the feed. The rules shall identify the
683 feed stuffs and screenings in which the toxic weeds must be controlled and the maximum amount
684 of the toxic weed to be permitted in the feed. Rules developed under this section shall identify
685 ways that products, screenings, articles, or feed stuffs containing noxious weed seeds or toxic
686 weeds can be made available for beneficial uses.
687 (2) Any person who knowingly or negligently sells or otherwise distributes a product, article,
688 screenings, or feed stuff designated by rule containing noxious weed seeds or toxic weeds
689 designated for control by rule and in an amount greater than the amount established by the
690 director for the seed or weed by rule is guilty of a misdemeanor.
691 (3) The department of agriculture shall, upon request of the buyer, inspect products,
692 screenings, articles, or feed stuffs designated by rule and charge fees, in accordance with chapter
693 22.09 RCW, to determine the presence of designated noxious weed seeds or toxic weeds.
694 [ 1997 c 353 § 26; 1987 c 438 § 30; 1979 c 118 § 4.]
695
696 RCW 17.10.240
697 Special assessments, appropriations for noxious weed control —Assessment rates.
698 (1) The activated county noxious weed control board of each county shall annually submit a
699 budget to the county legislative authority for the operating cost of the county's weed program for
700 the ensuing fiscal year: PROVIDED, That if the board finds the budget approved by the
701 legislative authority is insufficient for an effective county noxious weed control program it shall
702 petition the county legislative authority to hold a hearing as provided in RCW 17.10.890. Control
703 of weeds is a benefit to the lands within any such section. Funding for the budget is derived from
704 any or all of the following:
705 (a) The county legislative authority may, in lieu of a tax, levy an assessment against the land
706 for this purpose. Prior to the levying of an assessment the county noxious weed control board
707 shall hold a public hearing at which it will gather information to serve as a basis for classification
708 and then classify the lands into suitable classifications, including but not limited to dry lands,
709 range lands, irrigated lands, nonuse lands, forest lands, or federal lands. The board shall develop
710 and forward to the county legislative authority, as a proposed level of assessment for each class,
711 an amount as seems just. The assessment rate shall be either uniform per acre in its respective
712 class or a flat rate per parcel rate plus a uniform rate per acre: PROVIDED, That if no benefits
713 are found to accrue to a class of land, a zero assessment may be levied. The county legislative
714 authority, upon receipt of the proposed levels of assessment from the board, after a hearing, shall
715 accept or modify by resolution, or refer back to the board for its reconsideration all or any
716 portion of the proposed levels of assessment. The amount of the assessment constitutes a lien
717 against the property. The county legislative authority may by resolution or ordinance require that
718 notice of the lien be sent to each owner of property for which the assessment has not been paid
719 by the date it was due and that each lien created be collected by the treasurer in the same manner
720 as delinquent real property tax, if within thirty days from the date the owner is sent notice of the
721 lien, including the amount thereof, the lien remains unpaid and an appeal has not been made
722 pursuant to RCW 17.10.180. Liens treated as delinquent taxes bear interest at the rate of twelve
723 percent per annum and the interest accrues as of the date notice of the lien is sent to the owner:
724 PROVIDED FURTHER, That any collections for the lien shall not be considered as tax; or
725 (b) The county legislative authority may appropriate money from the county general fund
726 necessary for the administration of the county noxious weed control program. In addition the
727 county legislative authority may make emergency appropriations as it deems necessary for the
728 implementation of this chapter.
729 (2) Forest lands used solely for the planting, growing, or harvesting of trees and which are
730 typified, except during a single period of five years following clear-cut logging, by canopies so
731 dense as to prohibit growth of an understory may be subject to an annual noxious weed
732 assessment levied by a county legislative authority that does not exceed one -tenth of the
733 weighted average per acre noxious weed assessment levied on all other lands in unincorporated
734 areas within the county that are subject to the weed assessment. This assessment shall be
735 computed in accordance with the formula in subsection (3) of this section.
736 (3) The calculation of the "weighted average per acre noxious weed assessment" is a ratio
737 expressed as follows:
738 (a) The numerator is the total amount of funds estimated to be collected from the per acre
739 assessment on all lands except (i) forest lands as identified in subsection (2) of this section, (ii)
740 lands exempt from the noxious weed assessment, and (iii) lands located in an incorporated area.
741 (b) The denominator is the total acreage from which funds in (a) of this subsection are
742 collected. For lands of less than one acre in size, the denominator calculation may be based on
743 the following assumptions: (i) Unimproved lands are calculated as being one-half acre in size on
744 the average, and (ii) improved lands are calculated as being one-third acre in size on the average.
745 The county legislative authority may choose to calculate the denominator for lands of less than
746 one acre in size using other assumptions about average parcel size based on local information.
747 (4) For those counties that levy a per parcel assessment to help fund noxious weed control
748 programs, the per parcel assessment on forest lands as defined in subsection (2) of this section
749 shall not exceed one -tenth of the per parcel assessment on nonforest lands.
750 [ 1997 c 353 § 27; 1995 c 374 § 77; 1987 c 438 § 31; 1975 1st ex.s. c 13 § 10; 1969 ex.s. c 113 §
751 24.]
752 NOTES:
753 Effective date1995 c 374 §§ 69, 70, and 72-79: See note following RCW 16.24.130.
754
755 RCW 17.10.250
756 Applications for noxious weed control funds.
757 The legislative authority of any county with an activated noxious weed control board or the
758 board of any weed district may apply to the director for noxious weed control funds when
759 informed by the director that funds are available. Any applicant must employ adequate
760 administrative personnel to supervise an effective weed control program as determined by the
761 director with advice from the state noxious weed control board. The director with advice from
762 the state noxious weed control board shall adopt rules on the distribution and use of noxious
763 weed control account funds.
764 [ 1997 c 353 § 28; 1987 c 438 § 32; 1975 1st ex.s. c 13 § 11; 1969 ex.s. c 113 § 25.]
765
766 RCW 17.10.260
767 Administrative powers to be exercised in conformity with administrative procedure act-
768 Use of weed control substances subject to other acts.
769 The administrative powers granted under this chapter to the director of the department of
770 agriculture and to the state noxious weed control board shall be exercised in conformity with the
771 provisions of the administrative procedure act, chapter 34.05 RCW, as now or hereafter
772 amended. The use of any substance to control noxious weeds shall be subject to the provisions of
773 the water pollution control act, chapter 90.48 RCW, as now or hereafter amended, the
774 Washington pesticide control act, chapter 15.58 RCW, and the Washington pesticide application
775 act, chapter 17.21 RCW.
776 [ 1987 c 438 § 33; 1969 ex.s. c 113 § 28.]
777
778 RCW 17.10.270
779 Noxious weed control boards —Authority to obtain insurance or surety bonds.
780 Each noxious weed control board may obtain such insurance or surety bonds, or both with
781 such limits as they may deem reasonable for the purpose of protecting their officials and
782 employees against liability for personal or bodily injuries and property damage arising from their
783 acts or omissions while performing or in good faith purporting to perform their official duties.
784 [ 1987 c 438 § 34; 1974 ex.s. c 143 § 5.]
785
786 RCW 17.10.280
787 Lien for labor, material, equipment used in controlling noxious weeds.
788 Every activated county noxious weed control board performing labor, furnishing material, or
789 renting, leasing, or otherwise supplying equipment, to be used in the control of noxious weeds,
790 or in causing control of noxious weeds, upon any property pursuant to the provisions of chapter
791 17.10 RCW has a lien upon such property for the labor performed, material furnished, or
792 equipment supplied whether performed, furnished, or supplied with the consent of the owner, or
793 his or her agent, of such property, or without the consent of said owner or agent.
794 [ 2011 c 336 § 456; 1987 c 438 § 35; 1975 1st ex.s. c 13 § 13.]
795
796 RCW 17.10.290
797 Lien for labor, material, equipment used in controlling noxious weeds —Notice of lien.
798 Every county noxious weed control board furnishing labor, materials, or supplies or renting,
799 leasing, or otherwise supplying equipment to be used in the control of noxious weeds upon any
800 property pursuant to RCW 17.10.160 and 17.10.170 or pursuant to an order under RCW
801 17.10.210 as now or hereafter amended, shall give to the owner or reputed owner or his or her
802 agent a notice in writing, within ninety days from the date of the cessation of the performance of
803 such labor, the furnishing of such materials, or the supplying of such equipment, which notice
804 shall cover the labor, material, supplies, or equipment furnished or leased, as well as all
805 subsequent labor, materials, supplies, or equipment furnished or leased, stating in substance and
806 effect that such county noxious weed control board is furnishing or has furnished labor, materials
807 and supplies or equipment for use thereon, with the name of the county noxious weed control
808 board ordering the same, and that a lien may be claimed for all materials and supplies or
809 equipment furnished by such county noxious weed control board for use thereon, which notice
810 shall be given by mailing the same by registered or certified mail in an envelope addressed to the
811 owner at his or her place of residence or reputed residence.
812 [ 2011 c 336 § 457; 1987 c 438 § 36; 1975 lst ex.s. c 13 § 14.]
813
814 RCW 17.10.300
815 Lien for labor, material, equipment used in controlling noxious weeds—Claim—Filing-
816 Contents.
817 No lien created by RCW 17.10.280 exists, and no action to enforce the same shall be
818 maintained, unless within ninety days from the date of cessation of the performance of the labor,
819 furnishing of materials, or the supplying of equipment, a claim for the lien is filed for record as
820 provided in this section, in the office of the county auditor of the county in which the property, or
821 some part of the property to be affected by the claim for a lien, is situated. The claim shall state,
822 as nearly as may be, the time of the commencement and cessation of performing the labor,
823 furnishing the material, or supplying the equipment, the name of the county noxious weed
824 control board that performed the labor or caused the labor to be performed, furnished the
825 material, or supplied the equipment, a description of the property to be charged with the lien
826 sufficient for identification, the name of the owner, or reputed owner if known, or his or her
827 agent, and if the owner is not known, that fact shall be mentioned, the amount for which the lien
828 is claimed, and shall be signed by the county noxious weed control board, and be verified by the
829 oath of the county noxious weed control board, to the effect that the affiant believes that claim to
830 be just; and the claim of lien may be amended in case of action brought to foreclose the same, by
831 order of the court, as pleadings may be, insofar as the interest of third parties shall not be
832 affected by such an amendment.
833 [ 1997 c 353 § 29; 1975 1st ex.s. c 13 § 15.]
834
835 RCW 17.10.310
836 Notice of infraction —Issuance.
837 The county noxious weed control board may issue a notice of civil infraction if after
838 investigation it has reasonable cause to believe an infraction has been committed. A civil
839 infraction may be issued pursuant to RCW 7.80.005, 7.80.070 through 7.80.110, 7.80.120 (3)
840 and (4), and 7.80.130 through 7.80.900.
841 [ 1997 c 353 § 30; 1987 c 438 § 24.]
842
843 RCW 17.10.350
844 Infraction —Penalty.
845 (1) Any person found to have committed a civil infraction under this chapter shall be
846 assessed a monetary penalty not to exceed one thousand dollars. The state noxious weed control
847 board shall adopt a schedule of monetary penalties for each violation of this chapter classified as
848 a civil infraction and submit the schedule to the appropriate court. If a monetary penalty is
849 imposed by the court, the penalty is immediately due and payable. The court may, at its
850 discretion, grant an extension of time, not to exceed thirty days, in which the penalty must be
851 paid.
852 (2) Failure to pay any monetary penalties imposed under this chapter is punishable as a
853 misdemeanor.
854 [ 2003 c 53 § 117; 1997 c 353 § 31; 1987 c 438 § 28.]
855 NOTES:
856 Intent —Effective date2003 c 53: See notes following RCW 2.48.180.
857
858 RCW 17.10.890
859 Deactivation of county noxious weed control board —Hearing.
860 The following procedures shall be followed to deactivate a county noxious weed control board:
861 (1) The county legislative authority holds a hearing to determine whether there continues to be a
862 need for an activated county noxious weed control board if.
863 (a) A petition is filed by one hundred registered voters within the county;
864 (b) A petition is filed by a county noxious weed control board as provided in RCW 17.10.240; or
865 (c) The county legislative authority passes a motion to hold such a hearing.
866 (2) Except as provided in subsection (4) of this section, the hearing shall be held within sixty
867 days of final action taken under subsection (1) of this section.
868 (3) If, after a hearing, the county legislative authority determines that no need exists for a county
869 noxious weed control board, due to the absence of class A or class B noxious weeds designated
870 for control in the region, the county legislative authority shall deactivate the board.
871 (4) The county legislative authority shall not convene a hearing as provided for in subsection (1)
872 of this section more frequently than once a year.
873 [ 1997 c 353 § 32; 1987 c 438 § 37.]
874
875 RCW 17.10.900
876 Weed districts —Continuation —Dissolution —Transfer of assessment funds.
877 Any weed district formed under chapter 17.04 or 17.06 RCW prior to the enactment of this
878 chapter, continues to operate under the provisions of the chapter under which it was formed:
879 PROVIDED, That if ten percent of the landowners subject to any such weed district, and the
880 county noxious weed control board upon its own motion, petition the county legislative authority
881 for a dissolution of the weed district, the county legislative authority shall provide for an election
882 to be conducted in the same manner as required for the election of directors under the provisions
883 of chapter 17.04 RCW, to determine by majority vote of those casting votes, if the weed district
884 will continue to operate under the chapter it was formed. The land area of any dissolved weed
885 district becomes subject to the provisions of this chapter. Any district assessment funds may be
886 transferred after the dissolution election under contract to the county noxious weed control board
887 to fund the noxious weed control program.
888 [ 1997 c 353 § 33; 1987 c 438 § 38; 1975 1st ex.s. c 13 § 12; 1969 ex.s. c 113 § 26.]
889
:•1
892 RCW 17.10.910
893 Severability-1969 ex.s. c 113.
894 If any provision of this act, or its application to any person or circumstance is held invalid,
895 the remainder of this act, or the application of the provision to other persons or circumstances is
896 not affected.
897 [ 1969 ex.s. c 113 § 27.]
CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1355
67th Legislature
2021 Regular Session
Passed by the House April 12, 2021
Yeas 98 Nays 0
Speaker of the House of
Representatives
Passed by the Senate April 8, 2021
Yeas 47 Nays 0
President of the Senate
Approved
Governor of the State of Washington
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
SUBSTITUTE HOUSE BILL 1355 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Chief Clerk
FILED
Secretary of State
State of Washington
SUBSTITUTE HOUSE BILL 1355
AS AMENDED BY THE SENATE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Rural Development, Agriculture & Natural Resources
(originally sponsored by Representatives Dent, Chandler, Boehnke,
Lovick, Dye, Fitzgibbon, Klippert, Jacobsen, and Schmick)
READ FIRST TIME 02/10/21.
1 AN ACT Relating to noxious weeds; and amending RCW 17.10.010,
2 17.10.030, 17.10.050, 17.10.060, 17.10.070, 17.10.074, 17.10.100,
3 17.10.140, 17.10.145, 17.10.205, 17.10.235, 17.10.240, 17.10.890,
4 17.04.240, 79.44.003, 17.04.180, and 17.15.020.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6
Sec. 1. RCW 17.10.010 and 1997 c 353 s 2 are each amended to
7
read as follows:
8
The definitions in this section apply throughout this
chapter
9
unless the context clearly requires otherwise:
10
(1) "Noxious weed" means a plant that when established is
highly
11
destructive, competitive, or difficult to control by cultural
or
12
chemical practices.
13
(2) "State noxious weed list" means a list of noxious weeds
14
adopted by the state noxious weed control board. The list is
divided
15
into three classes:
16
(a) Class A consists of those noxious weeds not native
to the
17
state that are of limited distribution or are unrecorded in the
state
18
and that pose a serious threat to the state;
19
(b) Class B consists of those noxious weeds not native
to the
20
state that are of limited distribution or are unrecorded in a
region
21
of the state and that pose a serious threat to that region;
P. 1 SHB
1355.PL
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(c) Class C consists of any other nonnative to Washincrton state
noxious weeds.
(3) "Person" means any individual, partnership, corporation,
firm, the state or any department, agency, or subdivision thereof, or
any other entity.
(4) "Owner" means the person in actual control of property
including, but not limited to, deeded parcels, public rights -of -way,
and undefined lots, or his or her agent, whether the control is based
on legal or equitable title or on any other interest entitling the
holder to possession and, for purposes of liability, pursuant to RCW
17.10.170 or 17.10.210, means the possessor of legal or equitable
title or the possessor of an easement: PROVIDED, That when the
possessor of an easement has the right to control or limit the growth
of vegetation within the boundaries of an easement, only the
possessor of the easement is deemed, for the purpose of this chapter,
an "owner" of the property within the boundaries of the easement.
(5) As pertains to the duty of an owner, the words "control",
"contain", "eradicate", and the term "prevent the spread of noxious
weeds" means conforming to the standards of noxious weed control or
prevention in this chapter or as adopted by rule in chapter 16-750
WAC by the state noxious weed control board and an activated county
noxious weed control board.
(6) "Agent" means any occupant or any other person acting for the
owner and working or in charge of the land.
(7) "Agricultural purposes" are those that are intended to
provide for the growth and harvest of food and fiber.
(8) "Director" means the director of the department of
agriculture or the director's appointed representative.
(9) "Weed district" means a weed district as defined in chapters
17.04 and 17.06 RCW.
(10) "Aquatic noxious weed" means an aquatic plant species that
is listed on the state weed list under RCW 17.10.080.
(11) "Screenings" means a mixture of mill or elevator run mixture
or a combination of varying amounts of materials obtained in the
process of cleaning either grain or seeds, or both, such as light or
broken grain or seed, weed seeds, hulls, chaff, joints, straw,
elevator dust, floor sweepings, sand, and dirt.
(12) "Assessment" means a special assessment levied by a county
legislative authority pursuant to RCW 17.10.240.
p. 2 SHB 1355.PL
1 (13)
"Centerline miles" means the length of
any
Given
road right-
2 of -way
corridor in miles, along the center
line
of
the overall
3 roadway
4 (14)
alignment.
"Parcel" means real property having
a
parcel
number or
5 deeded
real property, undefined lot, a
lot
having
a legal
6 description,
or right-of-wav owned or held by
the
state,
county, or
7 city.
8 Sec. 2. RCW 17.10.030 and 1997 c 353 s 4 are each amended to
9 read as follows:
10 There is created a state noxious weed control board comprised of
11 nine voting members and ((wee)) four nonvoting members. Four of the
12 voting members shall be elected by the members of the various
13 activated county noxious weed control boards, and shall be residents
14 of a county in which a county noxious weed control board has been
15 activated and a member of said board, and those qualifications shall
16 continue through their term of office. Two of these members shall be
17 elected from the west side of the state, the crest of the Cascades
18 being the dividing line, and two from the east side of the state. The
19 director of agriculture is a voting member of the board. One voting
20 member shall be elected by the directors of the various active weed
21 districts formed under chapter 17.04 or 17.06 RCW. The Washington
22 state association of counties appoints one voting member who shall be
23 a member of a county legislative authority. A statewide association
24 representing county noxious weed coordinators appoints a nonvoting
25 technical advisor. The director shall appoint two voting members to
26 represent the public interest, one from the west side and one from
27 the east side of the state. The director shall also appoint three
28 nonvoting members representing scientific disciplines relating to
29 weed control. The term of office for all members of the board is
30 ((err-ee)) four years from the date of election or appointment.
31 The board, by rule, shall establish a position number for each
32 elected position of the board and shall designate which county
33 noxious weed control board members are eligible to vote for each
34 elected position. The elected members serve staggered terms.
35 Elections for the elected members of the board shall be held thirty
36 days prior to the expiration date of their respective terms.
37 Nominations and elections shall be by mail and conducted by the
38 board.
p. 3 SHB 1355.PL
1 The board shall conduct its first meeting within thirty days
2 after all its members have been elected. The board shall elect from
3 its members a chair and other officers as may be necessary. A
4 majority of the voting members of the board constitutes a quorum for
5 the transaction of business and is necessary for any action taken by
6 the board. The members of the board serve without salary, but shall
7 be reimbursed for travel expenses incurred in the performance of
8 their duties under this chapter in accordance with RCW 43.03.050 and
9 43.03.060.
10 Sec. 3. RCW 17.10.050 and 1997 c 353 s 6 are each amended to
11 read as follows:
12 (1) Each activated county noxious weed control board consists of
13 five voting members appointed by the county legislative authority in
14 the manner prescribed in this section. In appointing the voting
15 members, the county legislative authority shall divide the county
16 into five geographical areas that best represent the county's
17 interests, and appoint a voting member from each geographical area.
18 At least (()) three of the voting members shall be engaged in the
19 primary production of agricultural products. There is one nonvoting
20 member on the board who is the ((e1:ia4:L=)) director of the county
21 extension office or an extension agent appointed by the ((e1:ia4:L=))
22 director of the county extension office. Each voting member of the
23 board serves a term of four years, except that the county legislative
24 authority shall, when a board is first activated under this chapter,
25 designate two voting members to serve terms of two years. The board
26 members shall not receive a salary but shall be compensated for
27 actual and necessary expenses incurred in the performance of their
28 official duties.
29 (2)(a) The voting members of the board serve until their
30 replacements are appointed. New members of the board shall be
31 appointed at least thirty days prior to the expiration of any board
32 member's term of office.
33 (b) Notice of expiration of a term of office shall be published
34 at least twice in a weekly or daily newspaper of general circulation
35 in the ( ( sseetien [ffeeffLa�r'�a�) ) aeoaraphical area with last
36 publication occurring at least ten days prior to the nomination. All
37 persons interested in appointment to the board and residing in the
38 geographical area with a pending nomination shall make a written
39 application that includes the signatures of at least ten registered
p. 4 SHB 1355.PL
1 voters residing in the geographical area supporting the nomination to
2 the county noxious weed control board. After nominations close, the
3 county noxious weed control board shall, after a hearing, send the
4 applications to the county legislative authority recommending the
5 names of the most qualified candidates, and post the names of those
6 nominees in the county courthouse or county website and publish in at
7 least one newspaper of general circulation in the county. The county
8 legislative authority, within (()) 60 days of receiving the list
9 of nominees, shall appoint one of those nominees to the county
10 noxious weed control board to represent that geographical area during
11 that term of office. If the county legislative authority fails to
12 appoint a nominee within the 60-day period and a quorum of the board
13 is not seated, the county noxious weed control board shall appoint a
14 nominee only to meet a quorum, who shall serve in that capacity until
15 the county legislative authority appoints a nominee to fill the
16 vacant position in the manner prescribed in this section. Not more
17 than three board members may be appointed in this manner.
18 (3) Within thirty days after all the members have been appointed,
19 the board shall conduct its first meeting. A majority of the voting
20 members of the board constitutes a quorum for the transaction of
21 business and is necessary for any action taken by the board. The
22 board shall elect from its members a chair and other officers as may
23 be necessary.
24 (4) In case of a vacancy ((eeeaEE±nff ±n any vetin pesitien en a
25 eeanty ne�±eas weeel eertL=el lae� e'��re—eeanty_ l-at - v e t l: e r- t y
26 ef tl:ie—ems_ }min w1idme1i tl:a�s1 eeated _m 1lappein t a i, , , = f = e d
27 pe3Fse t e fill }':re- vaerey€eL=art= ____e�Epd:L=eel teL= ) ) , the position
28 must be filled in the manner prescribed in this section.
29 Sec. 4. RCW 17.10.060 and 1997 c 353 s 7 are each amended to
30 read as follows:
31 (1) Each activated county noxious weed control board (())
32 must employ or otherwise provide a weed coordinator whose duties are
33 fixed by the board but which shall include inspecting land to
34 determine the presence of noxious weeds, offering technical
35 assistance and education, and developing a program to achieve
36 compliance with the weed law. The weed coordinator may be employed
37 full time, part time, or seasonally by the county noxious weed
38 control board. County weed board employment practices shall comply
39 with county personnel policies. Within sixty days from initial
p. 5 SHB 1355.PL
1 employment, the weed coordinator ( (ram, 4 elet-a n a pest eentEel
2 eensaltant l cam_, a pestieiele epeEateE l e) ) must obtain
3 licensure consistent with Washington state department of agriculture
4 pesticide license rules, and the necessary endorsements on the
5 licenses as required by law. Each board may purchase, rent, or lease
6 equipment, facilities, or products and may hire additional persons as
7 it deems necessary for the administration of the county's noxious
8 weed control program.
9 (2) Each activated county noxious weed control board has the
10 power to adopt rules and regulations, subject to notice and hearing
11 as provided in ((e_ e,=)) chapter 42.30 ((anel 42.32)) RCW, as are
12 necessary for an effective county weed control or eradication
13 program.
14 (3) Each activated county noxious weed control board shall meet
15 with a quorum at least quarterly.
16 Sec. 5. RCW 17.10.070 and 1998 c 245 s 3 are each amended to
17 read as follows:
18 (1) In addition to the powers conferred on the state noxious weed
19 control board under other provisions of this chapter, it has the
20 power to:
21 (a) Employ a state noxious weed control board executive secretary
22 and educational specialist, and additional persons as it deems
23 necessary, to disseminate information relating to noxious weeds to
24 county noxious weed control boards and weed districts, to coordinate
25 the educational and weed control efforts of the various county and
26 regional noxious weed control boards and weed districts, and to
27 assist the board in carrying out its responsibilities;
28 (b) Adopt, amend, or repeal rules, pursuant to the administrative
29 procedure act, chapter 34.05 RCW, as may be necessary to carry out
30 the duties and authorities assigned to the board by this chapter.
31 (2) The state noxious weed control board (()) must provide a
32 written report before January lst of each odd -numbered year to the
33 county noxious weed control boards and the weed districts showing the
34 expenditure of state funds on noxious weed control; specifically how
35 the funds were spent; the status of the state, county, and district
36 programs; and recommendations for the continued best use of state
37 funds for noxious weed control. The report (()) must include
38 recommendations as to the long-term needs regarding weed control.
p. 6 SHB 1355.PL
1
Sec. 6. RCW 17.10.074 and 1997 c 353 s 9 are each amended to
2
3
4
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read as follows:
(1) In addition to the powers conferred on the director under
other provisions of this chapter, the director, with the advice of
the state noxious weed control board, has power to:
(a) Require the county legislative authority or the noxious weed
control board of any county or any weed district to report to it
concerning the presence, absence, or estimated amount of noxious
weeds and measures, if any, taken or planned for the control thereof;
(b) Employ staff as may be necessary in the administration of
this chapter;
(c) Adopt, amend, or repeal rules, pursuant to the administrative
procedure act, chapter 34.05 RCW, as may be necessary to carry out
this chapter;
(d) Do such things as may be necessary and incidental to the
administration of its functions pursuant to this chapter including
but not limited to surveying for and detecting noxious weed
infestations((;-
-(4--�) ) —
(2) In addition to the powers conferred on the director under the
provisions of this chapter, the director, with the advice of the
state noxious weed control board, must:
(a) Upon receipt of a complaint signed by a majority of the
members of an adjacent county noxious weed control board or weed
district, or by one hundred registered voters that are land owners
within the county, require the county legislative authority or
noxious weed control board of the county or weed district that is the
subject of the complaint to respond to the complaint within forty-
five days with a plan for the control of the noxious weeds cited in
the complaint;
((-4})) (b) If the complaint in ((+e})) (a) of this subsection
involves a class A or class B noxious weed, order the county
legislative authority, noxious weed control board, or weed district
to take immediate action to eradicate or control the noxious weed
infestation. If the county or the weed district does not take action
to control the noxious weed infestation in accordance with the order,
the director may control it or cause it to be controlled. The county
or weed district is liable for payment of the expense of the control
work including necessary costs and expenses for attorneys' fees
incurred by the director in securing payment from the county or weed
p. 7 SHB 1355.PL
1 district. The director may bring a civil action in a court of
2 competent jurisdiction to collect the expenses of the control work,
3 costs, and attorneys' fees;
4 (( )) ) In counties without an activated noxious weed control
5 board, enter upon any property as provided for in RCW 17.10.160,
6 issue or cause to be issued notices and citations and take the
7 necessary action to control noxious weeds as provided in RCW
8 17.10.170, hold hearings on any charge or cost of control action
9 taken as provided for in RCW 17.10.180, issue a notice of civil
10 infraction as provided for in RCW 17.10.230 (())L 17.10.310
11 [a])), and 17.10.350, and place a lien on any property
12 pursuant to RCW 17.10.280, 17.10.290, and 17.10.300 with the same
13 authorities and responsibilities imposed by these sections on county
14 noxious weed control boards;
15 ((-R4)) (d) Adopt a list of noxious weed seeds and toxic weeds
16 which shall be controlled in designated articles, products, or feed
17 stuffs as provided for in RCW 17.10.235.
18 ((+2})) (3) The moneys appropriated for noxious weed control to
19 the department shall be used for administration of the state noxious
20 weed control board, the administration of the director's powers under
21 this chapter, the purchase of materials for controlling, containing,
22 or eradicating noxious weeds, the purchase or collection of
23 biological control agents for controlling noxious weeds, and the
24 contracting for services to carry out the purposes of this chapter.
25 In a county with an activated noxious weed control board, the
26 director shall make every effort to contract with that board for the
27 needed services.
28 ((- })) (4) If the director determines the need to reallocate
29 funds previously designated for county use, the director shall
30 convene a meeting of the state noxious weed control board to seek its
31 advice concerning any reallocation.
32
Sec. 7. RCW 17.10.100 and 1997
c 353 s 12
are each amended to
33
read as follows:
34
Where any of the
following occur, the state
noxious weed control
35
board ((Fftay, fellewin
) ) must hold
a hearing,
then may order any
36
county noxious weed
control board
or weed district
to include a
37
noxious weed from the
state board's
list in the
county's noxious weed
38
list:
P. 8 SHB 1355.PL
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(1) Where the state noxious weed control board receives a
petition from at least one hundred registered voters within the
county requesting that the weed be listed.
(2) Where the state noxious weed control board receives a request
for inclusion from an adjacent county's noxious weed control board or
weed district, which the adjacent board or district has included that
weed in its county or district list, and the adjacent board or weed
district ((alle s)) documents that its noxious weed control program
is being hampered by the failure to include the weed on the county's
noxious weed list.
Sec. 8. RCW 17.10.140 and 1997 c 353 s 17 are each amended to
read as follows:
(1) Except as is provided under subsection (2) of this section,
every owner (()) must perform or cause to be performed those
acts as may be necessary to:
(a) Eradicate all class A noxious weeds;
(b) Control and prevent the spread of all class B noxious weeds
designated for control in that region within and from the owner's
property; and
(c) Control and prevent the spread of all class B and class C
noxious weeds listed on the county weed list as locally mandated
control priorities within and from the owner's property.
(2) ((FeL=estlaT )) Every owner of forestlands classified under
RCW 17.10.240(2), or meeting the definition of forestlands contained
in RCW 17.10.240, ( (a=e sulj�_et to }':re— r�rents efz salaseetdmen
(1) (a) anel (b) of }�seet-4men t ,, t; -res.Fe3estlansari _,,lejeet
to t re—Eeetr±Eefftents efsalaeetien (1) (e-) of }�seet-4men e =ly wi},-Ii-r
� l:i e . f f „
r"fie 1 i�c —Tro�a�tE��evt 1�i=rrrci�i�6-f—c��c�����-a�iz7 r=crJes—T—n—c}Elelrti-eT,
feLest1anels--a =e sulj:_et to sul eetien (1) (e) efz }�seet-4men fer-) )
must perform or cause to be performed those acts as may be necessary
to
(a) Eradicate all class A noxious weeds;
(b) Control and prevent the spread of all class B noxious weeds
desicnated for control in that recrion within and from the owner's
property; and
(c) Control and prevent the spread of all class B and class C
noxious weeds listed on the county weed list as locally mandated
control priorities within and from the owner's property only when
encountered in anv of the followina enumerated circumstances:
P. 9 SHB 1355.PL
1 (i) Within 1,000 feet of adjacent land uses;
2 (ii) Within 25 feet of all privately owned roads unless properly
3 abandoned as defined under WAC 222-24-052 as that section existed as
4 of January 1, 2020;
5 (iii) Within 200 feet of navigable rivers, gravel pits, log
6 yards, and staging areas, except when not allowed under other state
7 or federal laws or regulations; and
8 (iv) For a single five-year period within harvested areas
9 following the harvesting of trees for products.
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Sec. 9. RCW 17.10.145 and 2019 c 353 s 4 are each amended to
read as follows:
(1) All state agencies shall control noxious weeds on lands they
own, lease, or otherwise control through integrated pest management
practices. Agencies shall develop plans in cooperation with county
noxious weed control boards to control noxious weeds in accordance
with standards in this chapter. Agencies shall appoint a liaison
whose duties include serving as a common point of contact for all
weed boards and developing and implementing noxious weed control
plans.
(2) All state agencies' lands must comply with this chapter,
regardless of noxious weed control efforts on adjacent lands.
(3) While conducting planned projects to ensure compliance with
this chapter, all agencies must give preference, when deemed
appropriate by the acting agency for the project and targeted
resource management goals, to replacing noxious weeds with native
forage plants that are pollen -rich or nectar -rich and beneficial for
all pollinators, including honey bees.
Sec. 10. RCW 17.10.205 and 1997 c 353 s 24 are each amended to
read as follows:
Open areas subject to the spread of noxious weeds, including but
not limited to subdivisions, school grounds, playgrounds, parks, and
rights -of -way shall be subject to regulation ( (ley aetivateel eeant°
ne�Eie yateeeertLel laear-els) ) in the same manner and to the same
extent as is provided for all terrestrial and aquatic lands of the
state.
Sec. 11. RCW 17.10.235 and 1997 c 353 s 26 are each amended to
read as follows:
P. 10 SHB 1355.PL
1 (1) The director of agriculture shall adopt, with the advice of
2 the state noxious weed control board, rules designating noxious weed
3 seeds which shall be controlled in products, screenings, or articles
4 to prevent the spread of noxious weeds. The rules shall identify the
5 products, screenings, and articles in which the seeds must be
6 controlled and the maximum amount of the seed to be permitted in the
7 product, screenings, or article to avoid a hazard of spreading the
8 noxious weed by seed from the product, screenings, or article. The
9 director shall also adopt, with the advice of the state board, rules
10 designating toxic weeds which shall be controlled in feed stuffs and
11 screenings to prevent injury to the animal that consumes the feed.
12 The rules shall identify the feed stuffs and screenings in which the
13 toxic weeds must be controlled and the maximum amount of the toxic
14 weed to be permitted in the feed. Rules developed under this section
15 shall identify ways that products, screenings, articles, or feed
16 stuffs containing noxious weed seeds or toxic weeds can be made
17 available for beneficial uses.
18 (2) Any person who knowingly or negligently sells or otherwise
19 distributes a product, article, screenings, or feed stuff designated
20 by rule containing noxious weed seeds or toxic weeds designated for
21 control by rule and in an amount greater than the amount established
22 by the director for the seed or weed by rule is guilty of a
23 misdemeanor.
24 (3) The department of agriculture shall, upon request of the
25 buyer, county weed board, or weed district, inspect products,
26 screenings, articles, or feed stuffs designated by rule and charge
27 fees, in accordance with chapter 22.09 RCW, to determine the presence
28 of designated noxious weed seeds or toxic weeds.
29 Sec. 12. RCW 17.10.240 and 1997 c 353 s 27 are each amended to
30 read as follows:
31 (1)(a) The activated county noxious weed control board of each
32 county shall annually submit a budget to the county legislative
33 authority for the operating cost of the county's weed program for the
34 ensuing fiscal year: PROVIDED, That if the board finds the budget
35 approved by the legislative authority is insufficient for an
36 effective county noxious weed control program ( (ice-sl:mll petitie e
37 eeanty leffislative t ro ,ty to l =1d a 1iea-=" f as pL=evided in RrW
38 G e n E e l o f w e e i s is e en o f }rice- tl:ie—A a n el s wit- Ii i a n y S a e l:
39 even)), the board may submit a budaet amendment to the countv
P. 11 SHB 1355.PL
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legislative authority after which the county legislative authority
must hold a hearing as provided in chapter 36.40 RCW. Activities and
programs to limit economic loss and adverse effects due to the
presence and spread of noxious weeds on all terrestrial and aquatic
areas in the state are declared to be of special benefit, including
to lands owned or held by the state, and may be used as the basis
upon which special assessments are imposed by the county legislative
authority.
(b) Representatives from the department of transportation
government relations, real estate services, and maintenance
operations offices, the Washington state association of county
treasurers, the Washington state association of county assessors, and
the state noxious weed control board shall meet to develop a system
by which parcels owned or held by the department of transportation
that have been declared to receive special benefit from the county
noxious weed control board must be identified and all assessments may
be effectively billed for payment according to the process in chapter
79.44 RCW. The state noxious weed control board shall update the
appropriate legislative committees regarding progress towards
implementation of a system before January 1, 2022. By January 1,
2023, the state noxious weed control board shall report to the
appropriate legislative committees in compliance with RCW 43.01.036
regarding the system developed, what steps are being taken to
implement the system, and what, if any, further legislative action is
needed.
(c) Funding for the budget is derived from any or all of the
following:
((+a+)) i) The county legislative authority may, in lieu of a
tax, levy an assessment against the land for this purpose. Whenever
there is included within the jurisdiction of any county noxious weed
control board lands owned or held by the state, the county
legislative authority shall determine the amount of the assessment
for which the land would be liable if the land were in private
ownership. Prior to the levying of an assessment the county noxious
weed control board shall hold a public hearing at which it will
gather information to serve as a basis for classification and then
classify the lands into suitable classifications, including but not
limited to dry lands, range lands, irrigated lands, nonuse lands,
forestlands, or federal lands. The board shall develop and forward to
the county legislative authority, as a proposed level of assessment
p. 12 SHB 1355.PL
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for each class, an amount as seems just. The assessment rate shall be
either uniform per acre in its respective class or a flat rate per
parcel rate plus a uniform rate per acre or, for rights -of -way, a
rate based on centerline miles: PROVIDED, That if no benefits are
found to accrue to a class of land, a zero assessment may be levied.
The assessment shall not be levied on lands owned or held by the
state, unless the assessment is levied on other parcels or classes of
parcels. The county legislative authority, upon receipt of the
proposed levels of assessment from the board, after a hearing, shall
accept or modify by resolution, or refer back to the board for its
reconsideration all or any portion of the proposed levels of
assessment. The amount of the assessment constitutes a lien against
the property. The county legislative authority may by resolution or
ordinance require that notice of the lien be sent to each owner of
property for which the assessment has not been paid by the date it
was due and that each lien created be collected by the treasurer in
the same manner as delinquent real property tax, if within thirty
days from the date the owner is sent notice of the lien, including
the amount thereof, the lien remains unpaid and an appeal has not
been made pursuant to RCW 17.10.180. Liens treated as delinquent
taxes bear interest at the rate of twelve percent per annum and the
interest accrues as of the date notice of the lien is sent to the
owner: PROVIDED FURTHER, That any collections for the lien shall not
be considered as tax; or
((-Ha})) ii The county legislative authority may appropriate
money from the county general fund necessary for the administration
of the county noxious weed control program. In addition the county
legislative authority may make emergency appropriations as it deems
necessary for the implementation of this chapter.
(2) Forestlands used solely for the planting, growing, or
harvesting of trees and which are typified, except during a single
period of five years following clear-cut logging, by canopies so
dense as to prohibit growth of an understory may be subject to an
annual noxious weed assessment levied by a county legislative
authority that does not exceed one -tenth of the weighted average per
acre noxious weed assessment levied on all other lands in
unincorporated areas within the county that are subject to the weed
assessment. This assessment shall be computed in accordance with the
formula in subsection (3) of this section.
p. 13 SHB 1355.PL
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(3) The calculation of the "weighted average per acre noxious
weed assessment" is a ratio expressed as follows:
(a) The numerator is the total amount of funds estimated to be
collected from the per acre assessment on all lands except (i)
forestlands as identified in subsection (2) of this section, (ii)
lands exempt from the noxious weed assessment, and (iii) lands
located in an incorporated area.
(b) The denominator is the total acreage from which funds in (a)
of this subsection are collected. For lands of less than one acre in
size, the denominator calculation may be based on the following
assumptions: (i) Unimproved lands are calculated as being one-half
acre in size on the average, and (ii) improved lands are calculated
as being one-third acre in size on the average. The county
legislative authority may choose to calculate the denominator for
lands of less than one acre in size using other assumptions about
average parcel size based on local information.
(4) For those counties that levy a per parcel assessment to help
fund noxious weed control programs, the per parcel assessment on
forestlands as defined in subsection (2) of this section shall not
exceed one -tenth of the per parcel assessment on nonforestlands.
Sec. 13. RCW 17.10.890 and 1997 c 353 s 32 are each amended to
read as follows:
ee,antyre�Eieas Neeel eertrel1 ) ) A county noxious weed control
board may be deactivated only if there are neither any class A
noxious weeds nor any class B noxious weeds in the county. Upon
receiving documentation of the absence in the county of both class A
noxious weeds and class B noxious weeds, the countv leaislative
authority may initiate the following procedures:
(1) The county legislative authority holds a hearing to determine
whether there continues to be a need for an activated county noxious
weed control board if:
(a) A petition is filed by one hundred registered voters within
the county;
(b) A petition is filed by a county noxious weed control board as
provided in RCW 17.10.240; or
(c) The county legislative authority passes a motion to hold such
a hearing.
p. 14
SHB 1355.PL
1 (2) Except as provided in subsection (4) of this section, the
2 hearing shall be held within sixty days of final action taken under
3 subsection (1) of this section.
4 (3) If, after a hearing, the county legislative authority
5 determines that no need exists for a county noxious weed control
6 board, due to the absence of class A or class B noxious weeds
7 designated for control in the region, the county legislative
8 authority shall deactivate the board.
9 (4) The county legislative authority shall not convene a hearing
10 as provided for in subsection (1) of this section more frequently
11 than once a year.
12 Sec. 14. RCW 17.04.240 and 1957 c 13 s 2 are each amended to
13 read as follows:
14 (1) The directors shall annually determine the amount of money
15 necessary to carry on the operations of the district and shall
16 classify the property therein in proportion to the benefits to be
17 derived from the operations of the district and in accordance with
18 such classification shall prorate the cost so determined and shall
19 levy assessments to be collected with the general taxes of the
20 county. In the event that any bonded or warrant indebtedness pledging
21 tax revenue of the district shall be outstanding on April 1, 1951,
22 the directors may, for the sole purpose of retiring such
23 indebtedness, continue to levy a tax upon all taxable property in the
24 district until such bonded or warrant indebtedness shall have been
25 retired.
26 (2) Activities and programs to limit economic loss and adverse
27 effects due to the presence and spread of noxious weeds on all
28 terrestrial and aquatic areas in the state are declared to be of
29 special benefit, including to lands owned or held by the state, and
30 may be used as the basis upon which special assessments are imposed
31 by the county legislative authority, including upon lands owned or
32 held by the state.
33
Sec. 15. RCW 79.44.003
and 1999 c 153 s 68 are each amended to
34
read as
follows:
35
As
used in this chapter
"assessing district" means:
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(1)
Incorporated cities
and towns;
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(2)
Diking districts;
38
(3)
Drainage districts;
p. 15 SHB 1355.PL
1 (4) Port districts;
2 (5) Irrigation districts;
3 (6) Water -sewer districts;
4 (7) Counties; (())
5 (8) Weed boards and weed districts; and
6 (9) Any municipal corporation or public agency having power to
7 levy local improvement or other assessments, rates, or charges which
8 by statute are expressly made applicable to lands of the state.
9 Sec. 16. RCW 17.04.180 and 1991 c 245 s 1 are each amended to
10 read as follows:
11 Whenever any lands belonging to the county are included within a
12 weed district, the county legislative authority shall determine the
13 amount of the ((ems)) assessment for which the lands would be
14 liable if they were in private ownership, and the county legislative
15 authority shall appropriate from the current expense fund of the
16 county sufficient money to pay such amounts. Whenever any state lands
17 are within any weed district, the county treasurer shall certify
18 annually and forward to the appropriate state agency for payment a
19 statement showing the amount of the (()) assessment to which the
20 lands would be liable if they were in private ownership, separately
21 describing each lot or parcel and, if delinquent, with interest and
22 penalties consistent with RCW 84.56.020.
23 Sec. 17. RCW 17.15.020 and 2015 c 225 s 16 are each amended to
24 read as follows::
25 Each of the following
26 agencies shall implement
27 carrying out the agency's
28 control:
state agencies or institutions or county
integrated pest management practices when
or institution's duties related to pest
29
(1)
The
department
of
agriculture;
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(2)
The
state noxious
weed control board;
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(3)
The
department
of
ecology;
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(4)
The
department
of
fish and wildlife;
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(5)
The
department
of
transportation;
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(6)
The
parks and
recreation commission;
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(7)
The
department
of
natural resources;
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(8)
The
department
of
corrections;
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(9)
The
department
of
enterprise services;
p. 16 SHB 1355.PL
1 (10) Each state institution of higher education, for the
2 institution's own building and grounds maintenance;
3 (11) Each county noxious weed control board; and
4 (12) Each weed district.
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p. 17 SHB 1355.PL