ORS Chapter 569
Chapter 569 — WeedControl
2009 EDITION
WEEDCONTROL
AGRICULTURE
NOXIOUSWEED MANAGEMENT
569.175 Definitionsfor ORS 569.175 to 569.195
569.180 Noxiousweeds as public nuisance; policy
569.185 StateDepartment of Agriculture authority; rules; integrated weed management approach
569.190 Authorityof Oregon State University
569.195 Cooperationwith department; court suit
WEEDCONTROL
(Generally)
569.350 Necessityof eradication of weeds; cooperation in control and eradication
569.355 Stateand counties to control noxious weeds
569.360 Countygoverning body may create weed control district; petition for special weedcontrol district
569.370 Weedinspectors; appointment; duties; compensation
569.375 Noticeof district creation and weeds to be controlled
569.380 Weedinspector right of entry; service of notice to eradicate weeds; department ordistrict control measures
569.390 Owneror occupant to eradicate weeds; disposition of fines
569.395 Eradicationof weeds on public lands and rights of way
569.400 Eradicationof weeds when owner or occupant refuses to do so; request for quarantine;statement of expenses to be filed
569.410 Statementto be entered on lien docket; recovery of unpaid amount
569.415 Paymentfor work
569.420 Countytax for weed control fund; expenditure
569.425 Specialassessment
569.435 Dissolutionof weed control district; disposition of funds
569.445 Dutyto clean machinery before moving; weed infested residue not to be moved
569.450 Copyof statute to be posted on machinery; copies furnished by county clerk
(Cost-ShareAssistance Grants)
569.470 Cost-shareassistance grants for weed control; application
569.475 Cost-shareassistance grants for weed control; source of expenditures; limit on grants
569.480 Eligibilityfor grants
569.490 Departmentfunds for grants; reports by county
569.495 Financialassistance by department for weed control; limit on county responsibility
STATEWEED BOARD
569.600 StateWeed Board; membership; terms
569.605 Compensationof members
569.610 Officers;quorum; meetings
569.615 Dutiesof board
569.620 Implementationof weed control effort improvement plan
PENALTIES
569.990 Penalties
Note: 569.010,569.020, 569.030, 569.040, 569.050, 569.060, 569.070, 569.080, 569.090,569.100, 569.110, 569.120, 569.130, 569.140, 569.150 and 569.160, all relatingto lime manufacture and distribution, repealed by 1953 c.41 §2.
NOXIOUSWEED MANAGEMENT
569.175Definitions for ORS 569.175 to 569.195. As used in ORS 569.175 to 569.195:
(1)“Noxious weed” means a terrestrial, aquatic or marine plant designated by theState Weed Board under ORS 569.615 as among those representing the greatestpublic menace and as a top priority for action by weed control programs.
(2)“Person” means a person as defined in ORS 174.100, the federal government orany of its agencies, the State of Oregon or any of its agencies, or any city,county, district or municipal corporation of this state. [Formerly 452.610]
569.180Noxious weeds as public nuisance; policy. In recognition of the imminentand continuous threat to natural resources, watershed health, livestock,wildlife, land and agricultural products of this state, and in recognition ofthe widespread infestations and potential infestations of noxious weeds throughoutthis state, noxious weeds are declared to be a public nuisance and shall bedetected, controlled and, where feasible, eradicated on all lands in thisstate. It is declared to be the policy of this state that priority shall begiven first to the prevention of new infestations of noxious weeds and then tothe control and, where feasible, eradication of noxious weeds in infestedareas. [Formerly 452.615]
569.185State Department of Agriculture authority; rules; integrated weed managementapproach.The State Department of Agriculture shall administer and enforce ORS 569.175 to569.195. The department may:
(1)Adopt rules to carry out ORS 569.175 to 569.195. In adopting the rules thedepartment shall consider:
(a)The effect on the immediate environment of the use of chemical, biological orother means for control or eradication; and
(b)The overall benefit to be derived compared to the costs to be incurred.
(2)Implement an integrated weed management approach that focuses on the preventionof noxious weeds through:
(a)A combination of techniques that may include, but need not be limited to, theuse of:
(A)Surveillance and monitoring;
(B)Early detection;
(C)Eradication or other rapid response techniques;
(D)Mechanical control;
(E)The selective use of pesticides;
(F)Cultural practices;
(G)Modified land management; and
(H)Biological controls; and
(b)Control practices selected and applied to achieve desired weed managementobjectives in a manner that minimizes risks to human health, non-targetorganisms, native fish and wildlife habitat, watersheds and the environment.
(3)Cooperate with Oregon State University or any other person in theadministration and enforcement of ORS 569.175 to 569.195.
(4)Collect, publish, disseminate and furnish information, statistics and adviceconcerning the research, experimentation, control and eradication of noxiousweeds and the land management and cultural practices recommended for suchcontrol and eradication.
(5)Notwithstanding any provisions of ORS 279.835 to 279.855 and 561.240 and ORSchapters 279A, 279B and 279C to the contrary, enter into contracts with OregonState University or any other person for the purpose of research,experimentation, control or eradication of noxious weeds, to receive and expendfunds pursuant to such contracts and to employ or authorize personnel to act onbehalf of the department.
(6)Rear, propagate and release biological control agents approved by the UnitedStates Department of Agriculture, including insects or disease organisms, andto construct, purchase, maintain and operate facilities and equipment for suchpurpose.
(7)Control, or direct control of, predators and diseases of biological controlagents, and to limit or prohibit the movement or use of pesticides or otheragriculture chemicals that reasonably could damage or injure such biologicalcontrol agents.
(8)Purchase, use and apply chemical control agents, including pesticides, andpurchase, maintain and operate any application equipment for such purpose.
(9)Regulate, restrict or prohibit the movement or sale of hay, straw, seed, otheragricultural crops or residues thereof, that are found to contain noxious weedsor seeds or propagules of noxious weeds.
(10)Limit or prohibit the collection or taking of any biological control agentsfrom public or private lands within this state.
(11)Develop appropriate measures for the control or eradication of noxious weeds onany lands in this state.
(12)Have access to all lands within this state to carry out ORS 569.175 to 569.195,including survey, control and eradication activities and the establishment ofquarantines.
(13)Request any person owning or controlling land within this state to control,prevent the spread of, or, when feasible, eradicate noxious weeds, and tosupervise such activities.
(14)If abatement procedures are required of a landowner, recommend that thelandowner and the department jointly develop a management strategy or plan thatdescribes a course of action to address the abatement requirement.
(15)To the extent funds are available for such purpose, employ or use personnel ofother agencies of this state, including but not limited to persons acting underwork-release, rehabilitation or youth programs or persons employed and paidfrom federal funds received under the Emergency Job and Unemployment AssistanceAct of 1974 (Public Law 93-567) or any other federal or state program intendedprimarily to alleviate unemployment or to advance research.
(16)Establish advisory committees to assist the department and the State Weed Boardin carrying out ORS 569.175 to 569.195. [Formerly 452.620]
569.190Authority of Oregon State University. Oregon State University, acting byitself or in cooperation with the State Department of Agriculture, may:
(1)Collect, publish, disseminate and furnish information, statistics and adviceconcerning the research, experimentation, control and eradication of noxiousweeds and the land management and cultural practices recommended for suchcontrol and eradication.
(2)Rear, propagate and release biological control agents approved by the UnitedStates Department of Agriculture, including insects or disease organisms, andconstruct, purchase, maintain and operate facilities and equipment for suchpurpose. [Formerly 452.625]
569.195Cooperation with department; court suit. (1) No person shall fail to cooperatewith the State Department of Agriculture in the administration or enforcementof ORS 569.175 to 569.195, or rules promulgated pursuant thereto, nor otherwiseviolate any provision of ORS 569.175 to 569.195.
(2)In addition to any other remedy provided by law, the department may bring suitin circuit court to enjoin or restrain any person from violating any provisionof ORS 569.175 to 569.195 or any rule promulgated thereunder. [Formerly452.630]
WEEDCONTROL
(Generally)
569.350Necessity of eradication of weeds; cooperation in control and eradication. Noxious weedshave become so thoroughly established and are spreading so rapidly on state,county and federally owned lands, as well as on property in individualownership and in transition to county ownership through tax delinquency, thatthey hereby are declared a menace to the public welfare. While it is recognizedthat complete eradication may not be practicable, it hereby is established thatsteps leading to eradication and control are necessary and that responsibilityrests not only on the individual landowner and operator but also on the county,state and federal government, and that the county, state and federal governmentshould cooperate with individual owners in the control and eradication ofnoxious weed pests. [Formerly 570.505]
569.355State and counties to control noxious weeds. The state and the respectivecounties shall control any weeds designated as noxious by the state or therespective counties in any such county on land under their respectiveownerships. [Formerly 570.510]
569.360County governing body may create weed control district; petition for specialweed control district. (1) The county governing body of each county maydeclare the county, or any portion of the lands in a county, a weed controldistrict for the purpose of destroying such weeds and of preventing the seedingand spread of such other weeds and plants as the governing body may for thepurposes of ORS 569.360 to 569.495 declare noxious.
(2)If the county is not made a weed control district or if the county weed controldistrict does not include all such weeds or plants desired as included asnoxious, interested parties may present a petition for a special weed controldistrict. The petition shall describe the area to be included in the specialweed control district and name the noxious weeds to be destroyed or preventedfrom blooming and producing seed within the district, and must be signed bymore than half of the landowners in the area described in the petition who alsoown more than half of the acreage in the area. Upon presentation of such apetition, the county governing body shall declare such area a special weed controldistrict and such weeds noxious within the district, in accordance with thepetition. [Formerly 570.515]
569.370Weed inspectors; appointment; duties; compensation. (1) The courtshall, upon declaring a weed control district, appoint a weed inspector orinspectors, whose duties it shall be:
(a)To find out if any noxious weeds or plants are being permitted to grow andproduce bloom or seed within the district or districts contrary to theprovisions of ORS 569.360 to 569.495;
(b)To serve notices;
(c)When necessary to destroy or cut or to supervise the destruction or cutting ofthe noxious weeds growing or seeding within the weed control district; and
(d)To conduct investigations, approve plans and certify expenditures pertaining toweed control projects pursuant to ORS 569.480.
(2)The person or persons appointed by the county court shall receive for theirservices reasonable wages, as determined by the county court, for the timeactually employed in the performance of duty under ORS 569.360 to 569.495. [Formerly570.520]
569.375Notice of district creation and weeds to be controlled. The countycourt shall, upon declaring a weed control district or districts, cause to bepublished an official notice describing each district and naming weeds to bedestroyed and to be prevented from producing seed within the districts. Thenotice shall be published in a newspaper or newspapers, not exceeding three innumber, serving the districts, in two consecutive issues if weekly, or twotimes at intervals of one week if daily or semiweekly. Immediately after thelast publication of the official notice, the provisions of ORS 569.360 to569.495 shall be enforced. [Formerly 570.525]
569.380Weed inspector right of entry; service of notice to eradicate weeds; departmentor district control measures. (1) The weed inspector shall haveaccess to the land within the district.
(2)When the provisions of ORS 569.360 to 569.495 are not being complied with, theweed inspector shall serve a written notice to the owner or occupant of theland. When the weed inspector is unable to serve the notice personally, theweed inspector shall post the notice and two copies thereof in threeconspicuous places on the land. The notice shall contain:
(a)The date of service or posting of notice.
(b)The name of the weed or weeds growing on the land, and a statement settingforth that the weeds must be destroyed or must be prevented from producing seedwithin a specified time of not less than two days or more than 20 days, to beestablished by the inspector, from the date of service of the notice.
(3)The service of notice as provided in subsection (2) of this section imposes arequirement on the owner or occupant of the land to destroy or prevent theweeds from seeding or spreading during the continuation of ownership oroccupancy of the land or until the district is dissolved. A copy of the notice,together with proof of service indorsed thereon, shall be filed with the countycourt.
(4)Notwithstanding subsections (2) and (3) of this section, ORS 569.370 or569.390, with permission of the owner or occupant of land, employees of theState Department of Agriculture, or of designated weed control districts, mayenter the land to identify noxious weeds and to implement or provide for theimplementation of integrated noxious weed control measures, including but notlimited to the application of pesticides to the land. The control oreradication of noxious weeds may be conducted with or without charge to theowner or occupant of the land. A notice as described in subsection (2) of thissection is not required for the conduct of activities described in thissubsection. [Formerly 570.530]
569.390Owner or occupant to eradicate weeds; disposition of fines. (1) Eachperson, firm or corporation owning or occupying land within the district shalldestroy or prevent the seeding on such land of any noxious weed within themeaning of ORS 569.360 to 569.495 in accordance with the declaration of thecounty court and by the use of the best means at hand and within a timedeclared reasonable and set by the court, except that no weed declared noxiousshall be permitted to produce seed.
(2)All moneys collected as fines for violation of ORS 569.360 to 569.495 in anycounty shall be paid into the county treasury and shall become a part of theweed control fund. [Formerly 570.535]
569.395Eradication of weeds on public lands and rights of way. The StateHighway Commission, the respective county courts, reclamation districts andmunicipalities shall destroy or prevent the spread or seeding of any noxiousweed within the meaning of ORS 569.360 to 569.495 on any land owned by them orconstituting the right of way for any highway, county road, drainage orirrigation ditch, power or transmission line, or other purposes under theirrespective jurisdictions. [Formerly 570.540]
569.400Eradication of weeds when owner or occupant refuses to do so; request forquarantine; statement of expenses to be filed. (1) If theowner or occupant of the land fails or refuses to immediately destroy or cutthe noxious weeds in accordance with ORS 569.360 to 569.495, the weed inspectorshall at once notify the district attorney of the county who shall at once takenecessary steps for enforcement of ORS 569.360 to 569.495. The county courtshall authorize the weed inspector or such assistants as the weed inspector mayemploy to go upon the land or premises and destroy the noxious weeds or controlthem in such manner as will destroy all seeds of such noxious weeds; provided,however, that if destruction or control of the weeds on any farm is in thejudgment of the county weed inspector impracticable because the weeds may betoo far advanced, or if for any other reason the means of control available areunsatisfactory, the weed inspector shall so notify the county court, whichshall request the State Department of Agriculture to immediately quarantine anysuch uncontrolled noxious weed infested farm within the county to prevent themovement of infested crops or of livestock from such farm except underconditions prescribed in the quarantine that will prevent spread of the weedsby such crops or livestock. In all cases where the inspector undertakes todestroy or control noxious weeds, the most effective and practical method, inthe judgment of the inspector, and with least injury to the land or crops,shall be used.
(2)Upon the completion of such work the person so appointed and authorized by thecounty court shall file with the county clerk an itemized statement of theexpenses necessarily incurred in the destruction of such weeds, including thewages of the person as provided in ORS 569.370, verified by the oath of theperson. [Formerly 570.545]
569.410Statement to be entered on lien docket; recovery of unpaid amount. When thestatement of expenses is filed, the county clerk shall cause it to be enteredupon a lien docket prepared for that purpose. The amount of the charges andexpenses when so docketed shall constitute a first lien upon such lands orpremises, except as to taxes. If the charges and expenses are not paid and thelien discharged by the owner or occupant of such lands within 90 days from thedate the lien is docketed, the county may recover the expenses in an action atlaw. [Formerly 570.550]
569.415Payment for work.If within 10 days from the date of filing and docketing the lien as provided inORS 569.400 and 569.410, no objections have been filed thereto, the countycourt shall pay to the person or persons appointed by the court, as provided inORS 569.370 (1), out of the general funds of the county, the amount of suchlien. [Formerly 570.555]
569.420County tax for weed control fund; expenditure. (1) The countycourts of the several counties of this state hereby are required to levy a taxand create a fund to be known as the weed control fund for the control of weedson county highways and public lands and for cooperation with individuals, stateand federal agencies in controlling noxious weeds within weed controldistricts. The amount estimated by the county court as being sufficient forsuch purposes may be placed in the county budget and after consideration at themeeting held for the purpose of passing upon the tax levy by the electors ofthe county, may become one of the items for which expenditure may be made duringthe ensuing year.
(2)When such a fund is created, it shall be expended under the supervision of thecounty court in such manner as to effectuate the purposes of ORS 569.360 to569.495. [Formerly 570.560]