By Jane Lambert, Stevensville
The Montana State “County Weed Control Act” is 16 pages long. It covers in very explicit detail how county governments are to control their noxious weeds. If you drive east of the mountains, it is very clear that most counties east of us follow the rules. Their fields and roadsides look to be virtually free of weeds—so why aren’t ours?
When I am speaking of weeds, I mean noxious weeds. They are defined by not being native to the state, and may render land unfit for agriculture, forestry, livestock or wildlife. Right now, my main concern is the rampant spread of Hoary Alyssum, which clearly qualifies as being noxious on many counts. It is toxic to many classes of animals, is spreading so fast it is choking out native plants, and it will have a negative impact on agriculture if it gets into our hay.
There is a chain of command contained in this law, starting with a Weed Board, who are appointed by the County Commissioners. The board administers the district’s noxious weed management program, establishes management criteria within the district and makes all reasonable efforts to develop and implement a noxious weed management program.
Sec. 7-22-2116 makes it “unlawful to permit noxious weeds to propogate—notice required in sale.” So why are title transfers being allowed for real estate sales of weed infested property?
7-22-2117 deals with violations of the above. Part two states that all fines, bonds and penalties collected from non compliance should be paid to the county treasurer and put into a “noxious weed fund.” Look at the number of land transaction presently occurring. If people had to have weed free property before selling, as required by law, they would have to pay their own spraying fees.
7-22-2121 Weed Management Program: The Board and the Commissioners must have a plan stating their goals, must identify where noxious weeds are, ID new infestations, specify methods of control, estimate costs, develop a compliance plan, provide a management plan on all land, and rights of ways owned by a county or town, and set up special management zones.
7-22-2123 Procedures in case of noncompliance—notice: deals with procedures to follow if someone complains about another’s weed problem OR the Board has reason to believe that noxious weeds…are present upon a landowner’s land within the district. Right now, it seems the only time the Board, or the Weed Department act, is if one neighbor complains about another. Do these officials not drive around the county? Can they not see the noxious weeds which are taking over? They have every right to issue complaints on their own advisement. The law is very specific in how owners of weed infested property can be held in contempt of the law, and be required to spray, or clean up, their weeds, or they will be fined, and the money used by the county people to do it for them. In any case, the offender is the one who pays.
Why, then, was Linda Habeck told by the Commissioners that they had limited amounts of money for spraying, and that she would need to circulate a petition, asking for an initiative to be put on the ballot which would raise taxes, to get money for spraying? Why don’t they get in compliance with the laws already on the books? These laws are very specific, and hold accountable the people with the weeds, not the tax paying general public.
Our apathetic citizens need to, number one, take responsibility for getting rid of weeds on their own land, and number two, require our elected and appointed officials to uphold and enforce the existing weed laws of Montana.