Idaho State Statutes - Idaho Attorney Directory

(1) The county control authority shall:
(a) Carry out the duties and responsibilities vested in the county under
this chapter and rules prescribed by the director; and
(b) Establish and maintain a coordinated program for control of noxious
weeds in the county; employ a county weed superintendent, who may be a
superintendent for more than one (1) county and who shall be qualified to
detect and treat noxious weeds; and
(c) Designate one (1) of its members as the liaison between the county
weed superintendent and the county commissioners; and
(d) Provide operational and educational funds for the county weed
superintendent; and
(e) Be authorized to initiate cooperative agreements with other agencies
or counties for the designation of or participation in cooperative weed
management areas for control of noxious weeds.
(2) A general notice for control of noxious weeds shall be published
between March 1 and April 30, in a newspaper of general circulation within the
county. The notice shall contain the list of noxious weeds and identify those
known to be in the county, and shall stipulate the obligation to control.
Failure to publish the notice for control or serve individual notices herein
provided does not relieve any person from full compliance with this chapter
thereunder. In all cases said published notice shall be deemed legal and
sufficient notice.
(3) Whenever any county finds it necessary to secure more prompt or
definite control of noxious weeds than is accomplished by the general notice,
it shall cause individual notices on a form prescribed by the director to be
served upon the landowner and where possible on the operator of the land
giving specific instructions when and how certain named noxious weeds are to
be controlled. The individual notice shall also contain information concerning
the right to appeal pursuant to section 22-2408, Idaho Code. Individual
notices shall be applicable only to the current growing season.
(4) Whenever the landowner of any nonfederal land on which noxious weeds
are present has neglected or failed to initiate control as required pursuant
to this chapter within five (5) working days from receipt of an individual
notice given pursuant to this section, the county having jurisdiction shall
have proper control methods used on such land, including necessary destruction
of crops, and shall advise the landowner of the cost incurred in connection
with such operation. The cost of any such control shall be at the expense of
the landowner. If the costs have not been paid to the control authority within
sixty (60) days, the control authority may direct that suit be brought in a
court of competent jurisdiction for the unpaid charges. On private lands, if
unpaid for sixty (60) days or longer the amount of such expense shall become a
lien upon the property; and thereafter the lien shall be subject to collection
by the county by sale of the property in the same manner as for delinquent
taxes. Nothing contained in this section shall be construed to require
satisfaction of the imposed obligation by the sale of property or to bar the
application of any other available remedy.
(5) Amounts collected under the provisions of this section shall be
deposited to the noxious weed fund of the county and shall be accounted for as
prescribed by the county auditor. Disbursements from the noxious weed fund
shall be made only for noxious weed control purposes.
(6) The county weed superintendent shall:
(a) Examine all land within the county for the purpose of determining
whether the provisions of this chapter and rules of the director have been
complied with; and
(b) Compile data and submit reports as the director or county may
require; and
(c) Implement enforcement action as outlined in this chapter; and
(d) Consult, advise and provide direction on matters pertaining to the
most effective and most practical methods of noxious weed control; and
(e) Investigate or aid in the investigation and prosecution of any
violation of the provisions of this chapter; and
(f) Meet certification requirements as prescribed by the regulations of
the director; and
(g) Make recommendations regarding establishment of special management
zones; and
(h) Make recommendations regarding establishment of cooperative weed
management areas; and
(i) Participate on weed control advisory committees to develop and
implement noxious weed control strategies for cooperative weed management
areas, at the discretion of the county weed control authority.

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