Minnesota Legislature
SF 1410
2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:20am
Current Version - 2nd Engrossment
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A bill for an act
relating to agriculture; changing provisions of the Minnesota Noxious Weed
Law; establishing a fund; providing for grants; creating an advisory committee;
amending Minnesota Statutes 2008, sections 18.75; 18.76; 18.77, subdivisions
1, 3, 5, by adding subdivisions; 18.78, subdivision 1, by adding a subdivision;
18.79; 18.80, subdivision 1; 18.81, subdivision 1; 18.82, subdivisions 1, 3; 18.83;
18.84, subdivisions 1, 2, 3; 18.86; 18.87; 18.88; proposing coding for new law
in Minnesota Statutes, chapter 18; repealing Minnesota Statutes 2008, section
18.81, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 18.75, is amended to read:
18.75 PURPOSE.
It is the policy of the legislature that residents of the state be protected from the
injurious effects of noxious weeds on public health, the environment, public roads, crops,
livestock, and other property. Sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91 new text end contain procedures for
controlling and eradicating noxious weeds on all lands within the state.
Sec. 2.
Minnesota Statutes 2008, section 18.76, is amended to read:
18.76 CITATION.
Sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91 new text end may be cited as the "Minnesota Noxious Weed Law."
Sec. 3.
Minnesota Statutes 2008, section 18.77, subdivision 1, is amended to read:
Sec. 4.
Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Certified noxious weed free. new text end
new text begin
"Certified noxious weed free" means that
the material being certified has been inspected, tested, or processed to devitalize or
remove the noxious weed propagating parts in order to verify that viable noxious weed
propagating parts are not present in the material.
new text end
Sec. 5.
Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision to
read:
new text begin Subd. 2b. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of agriculture.
new text end
Sec. 6.
Minnesota Statutes 2008, section 18.77, subdivision 3, is amended to read:
Subd. 3.
Control.
"Control" means to destroy new text begin all or part of new text end the aboveground growth
of noxious weeds by a lawful method that prevents the maturation and spread of noxious
weed propagating parts from one area to another.
Sec. 7.
Minnesota Statutes 2008, section 18.77, subdivision 5, is amended to read:
Subd. 5.
Growing crop.
"Growing crop" means an agricultural, horticultural, or
forest crop that has been planted or regularly maintained and intended for harvest.new text begin It
does not mean a permanent pasture, hay meadow, woodlot, or other noncrop area which
contains native or seeded perennial plants used for grazing or hay purposes, and which is
not harvested on a regular basis.
new text end
Sec. 8.
Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Inspector. new text end
new text begin
"Inspector" means the commissioner, agent of the
commissioner, county agricultural inspector, local weed inspector, or assistant weed
inspector.
new text end
Sec. 9.
Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision to
read:
new text begin Subd. 8a. new text end
new text begin Noxious weed management plan. new text end
new text begin
"Noxious weed management plan"
means controlling or eradicating noxious weeds in the manner designated in a management
plan developed for the area or site where the infestations are found using specific strategies
or methods that are to be used singly or in combination to achieve control or eradication.
new text end
Sec. 10.
Minnesota Statutes 2008, section 18.77, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin Weed management area. new text end
new text begin
"Weed management area" means a designated
area where special or unique noxious weed control or eradication strategies or methods
are used according to a specific management plan developed for each management area
established.
new text end
Sec. 11.
Minnesota Statutes 2008, section 18.78, subdivision 1, is amended to read:
Subdivision 1.
Generally.
A person owning land, a person occupying land, or a
person responsible for the maintenance of public land shall control or eradicate all noxious
weeds on the land at a time and in a manner ordered by deleted text begin the county agricultural inspector
or a local weeddeleted text end new text begin an new text end inspector.
Sec. 12.
Minnesota Statutes 2008, section 18.78, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Cooperative weed control agreement. new text end
new text begin
The commissioner, township, or
county agricultural inspector may enter into a cooperative weed control agreement with a
landowner or weed management area group to establish a mutually agreed upon noxious
weed management plan for up to three years duration, whereby a noxious weed problem
will be controlled without additional enforcement action. If a property owner fails to
comply with the noxious weed management plan, an individual notice can be served.
new text end
Sec. 13.
Minnesota Statutes 2008, section 18.79, is amended to read:
18.79 DUTIES OF COMMISSIONER.
Subdivision 1.
Enforcement.
The commissioner deleted text begin of agriculturedeleted text end shall administer
and enforce sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91new text end .
Subd. 2.
Authorized agents.
County agricultural inspectors may administer and
enforce sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91new text end .
Subd. 3.
Entry upon land.
To administer and enforce sections 18.76 to deleted text begin 18.88deleted text end new text begin
18.91new text end , deleted text begin county agricultural inspectors and local weed inspectorsdeleted text end new text begin an inspector new text end may enter
upon land without consent of the owner and without being subject to an action for trespass
or any damages.
Subd. 4.
Rules.
The commissioner may adopt necessary rules under chapter 14 for
the proper enforcement of sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91new text end .
Subd. 5.
Order for control or eradication of noxious weeds.
deleted text begin A county agricultural
inspector or a local weeddeleted text end new text begin An new text end inspector may order the control or eradication of noxious
weeds on any land within the deleted text begin statedeleted text end new text begin inspector's jurisdictionnew text end .
Subd. 6.
deleted text begin Initialdeleted text end Training for control or eradication of noxious weeds.
The
commissioner shall conduct initial training considered necessary for weed inspectors in
the enforcement of the new text begin Minnesota new text end Noxious Weed Law. The director of the Minnesota
Extension Service may conduct educational programs for the general public that will aid
compliance with the new text begin Minnesota new text end Noxious Weed Law.
Subd. 7.
Meetings and reports.
The commissioner shall designate by rule deleted text begin thedeleted text end
reports deleted text begin that aredeleted text end required to be made and deleted text begin thedeleted text end meetings that must be attended by deleted text begin weeddeleted text end
inspectors.
Subd. 8.
Prescribed forms.
The commissioner shall prescribe the forms to be used
by deleted text begin weeddeleted text end inspectors in the enforcement of sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91new text end .
Subd. 9.
Injunction.
If the county agricultural inspector applies to a court for a
temporary or permanent injunction restraining a person from violating or continuing to
violate sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91new text end , the injunction may be issued without requiring a
bond.
Subd. 10.
Prosecution.
On finding that a person has violated sections 18.76 to
deleted text begin 18.88deleted text end new text begin 18.91new text end , the county agricultural inspector may start court proceedings in the locality
in which the violation occurred. The county attorney may prosecute actions under sections
18.76 to deleted text begin 18.88deleted text end new text begin 18.91new text end within the county attorney's jurisdiction.
Subd. 12.
Noxious-weed-free forage and mulch certification agency.
The official
certification agency for noxious-weed-free forage deleted text begin anddeleted text end new text begin ,new text end mulch deleted text begin shalldeleted text end new text begin , soil, gravel, and other
material mustnew text end be determined by the commissioner deleted text begin of agriculturedeleted text end in consultation with the
director of the Minnesota agricultural experiment station.new text begin The commissioner may also
certify forage, mulch, soil, gravel, or other material as noxious-weed-free.
new text end
new text begin Subd. 13. new text end
new text begin Noxious weed designation. new text end
new text begin
The commissioner, in consultation with the
Noxious Weed Advisory Committee, shall determine which plants are noxious weeds
subject to control under sections 18.76 to 18.91. The commissioner shall prepare, publish,
and revise as necessary, but at least once every three years, a list of noxious weeds
and their designated classification. The list must be distributed to the public by the
commissioner who may request the help of the University of Minnesota Extension, the
county agricultural inspectors, and any other organization the commissioner considers
appropriate to assist in the distribution. The commissioner may, in consultation with
the Noxious Weed Advisory Committee, accept and consider noxious weed designation
petitions from Minnesota citizens or Minnesota organizations or associations.
new text end
new text begin Subd. 14. new text end
new text begin County petition. new text end
new text begin
A county may petition the commissioner to designate
specific noxious weeds which are a control problem in the county.
new text end
new text begin Subd. 15. new text end
new text begin Noxious weed management. new text end
new text begin
The commissioner, in consultation with the
Noxious Weed Advisory Committee, shall develop management strategies and criteria
for each noxious weed category.
new text end
new text begin Subd. 16. new text end
new text begin Gifts; grants; contracts; funds. new text end
new text begin
The commissioner, counties, and
municipalities may apply for and accept any gift, grant, contract, or other funds or
grants-in-aid from the federal government or other public and private sources for noxious
weed control purposes.
new text end
new text begin Subd. 17. new text end
new text begin Noxious weed investigation. new text end
new text begin
The commissioner shall investigate the
subject of noxious weeds and conduct investigations outside this state to protect the
interest of the agricultural industry, forests, or the environment of this state from noxious
weeds not generally growing in Minnesota.
new text end
new text begin Subd. 18. new text end
new text begin Noxious weed education. new text end
new text begin
The commissioner shall disseminate
information and conduct educational campaigns with respect to control of noxious weeds
or invasive plants to enhance regulatory compliance and voluntary efforts to eliminate or
manage these plants. The commissioner shall call and attend meetings and conferences
dealing with the subject of noxious weeds.
new text end
new text begin Subd. 19. new text end
new text begin State and federal lands. new text end
new text begin
The commissioner shall inform and direct state
and federal agencies regarding their responsibility to manage and control noxious weeds
on land that those agencies own, control, or manage.
new text end
new text begin Subd. 20. new text end
new text begin Interagency cooperation. new text end
new text begin
The commissioner shall cooperate with
agencies of federal, state, and local governments and other persons in carrying out duties
under sections 18.76 to 18.91.
new text end
new text begin Subd. 21. new text end
new text begin Weed management area. new text end
new text begin
The commissioner, in consultation with the
Noxious Weed Advisory Committee, may establish a weed management area to include a
part of one or more counties or all of one or more counties of this state and shall include all
the land within the boundaries of the area established. Weed management plans developed
for a weed management area must be reviewed and approved by the commissioner and
the Noxious Weed Advisory Committee. Weed management areas may seek funding
under section 18.90.
new text end
Sec. 14.
Minnesota Statutes 2008, section 18.80, subdivision 1, is amended to read:
Subdivision 1.
County agricultural inspectors.
The county board shall appoint
one or more county agricultural inspectors deleted text begin that meet the qualifications prescribed by
rule. The appointment must be for a period of time which is sufficient to accomplish the
duties assigned to this positiondeleted text end new text begin or other designated employee to carry out the duties and
responsibilities of sections 18.76 to 18.91 within the countynew text end . A notice of the appointment
must be delivered to the commissioner deleted text begin within ten days of the appointment and it must
establish the initial number of hours to be worked annuallydeleted text end .
Sec. 15.
Minnesota Statutes 2008, section 18.81, subdivision 1, is amended to read:
Subdivision 1.
County agricultural inspectors.
deleted text begin It isdeleted text end The deleted text begin duty ofdeleted text end new text begin county board shall
specify the responsibilities of the new text end county agricultural deleted text begin inspectorsdeleted text end new text begin inspector in the annual
work plan, which may includenew text end :
(1) to see that sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91 new text end and rules adopted under those sections
are carried out within their jurisdiction;
(2) to see that sections 21.80 to 21.92 and rules adopted under those sections are
carried out within their jurisdiction;
(3) to see that sections 21.71 to 21.78 and rules adopted under those sections are
carried out within their jurisdiction;
(4) to participate in the control programs for new text begin invasive plant species, new text end feed, fertilizer,
pesticide, and new text begin plant and new text end insect pests when requested, in writing, to do so by the
commissioner;
(5) to participate in other agricultural programs under the control of the
commissioner when requested new text begin by the commissioner in writing new text end to do sodeleted text begin , subject to veto
by the county boarddeleted text end ;
(6) to administer the distribution of funds allocated by the county board to the county
agricultural inspector for noxious weed control and eradication within the county;
(7) to submit reports and attend meetings that the commissioner requires; deleted text begin and
deleted text end
(8) to deleted text begin publish a general weed notice ofdeleted text end new text begin provide information on new text end the legal duty to
control noxious weeds deleted text begin in one or more legal newspapers of general circulation throughout
the countydeleted text end new text begin ; and
new text end
new text begin (9) to be the primary contact in the county for all plant biological control agentsnew text end .
Sec. 16.
Minnesota Statutes 2008, section 18.82, subdivision 1, is amended to read:
Subdivision 1.
Permits.
Except as provided in section 21.74, if a person wants to
transport along a public highway materials or equipment containing the propagating parts
of weeds designated as noxious by the commissioner, the person must secure a written
permit for transportation of the material or equipment from deleted text begin a local weed inspector or
county agriculturaldeleted text end new text begin an new text end inspector. Inspectors may issue permits to persons residing or
operating within their jurisdiction. If the noxious weed propagating parts are removed from
materials and equipment or devitalized before being transported, a permit is not needed.
Sec. 17.
Minnesota Statutes 2008, section 18.82, subdivision 3, is amended to read:
Subd. 3.
Duration of permit; revocation.
A permit under subdivision 1 is valid for
up to one year after the date it is issued unless otherwise specified by the deleted text begin weeddeleted text end inspector
issuing the permit. The permit may be revoked if deleted text begin a county agricultural inspector or local
weeddeleted text end new text begin an new text end inspector determines that the applicant has not complied with this section.
Sec. 18.
Minnesota Statutes 2008, section 18.83, is amended to read:
18.83 CONTROL; ERADICATION; NOTICES; EXPENSES.
Subdivision 1.
General weed notice.
A general notice for noxious weed control or
eradication must be published on or before May 15 of each year deleted text begin and at other times the
commissioner directsdeleted text end . new text begin This requirement may be satisfied using the county's Web site.
new text end Failure of the county agricultural weed inspector to publish the general notice does not
relieve a person from the necessity of full compliance with sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91
new text end and related rules. The published notice is legal and sufficient notice when an individual
notice cannot be served.
Subd. 2.
Individual notice.
deleted text begin A weeddeleted text end new text begin An new text end inspector may find it necessary to secure
more prompt or definite control or eradication of noxious weeds than is accomplished by
the published general notice. In these special or individual instances, involving one or a
limited number of persons, the deleted text begin weeddeleted text end inspector having jurisdiction shall serve individual
notices in writing upon the person who owns the land and the person who occupies
the land, or the person responsible for or charged with the maintenance of public land,
giving specific instructions on when and how named noxious weeds are to be controlled
or eradicated. Individual notices provided for in this section must be served in the same
manner as a summons in a civil action in the district court or by certified mail. Service on
a person living temporarily or permanently outside of the deleted text begin weeddeleted text end inspector's jurisdiction
may be made by sending the notice by certified mail to the last known address of the
person, to be ascertained, if necessary, from the last tax list in the county treasurer's office.
Subd. 3.
Appeal of individual notice; appeal committee.
(1) A recipient of an
individual notice may appeal, in writing, the order for control or eradication of noxious
weeds. This appeal must be filed with a member of the appeal committee in the county
where the land is located within two working days of the time the notice is received. The
committee must inspect the land specified in the notice and report back to the recipient and
the inspector who issued the notice within five working days, either agreeing, disagreeing,
or revising the order. The decision may be appealed in district court. If the committee
agrees or revises the order, the control or eradication specified in the order, as approved or
revised by the committee, may be carried out.
(2) The county board deleted text begin of commissionersdeleted text end shall appoint members of the appeal
committee. The membership must include a county commissioner or municipal official
and a landowner residing in the county. The expenses of the members may be reimbursed
by the county upon submission of an itemized statement to the county auditor. At its
option, the county board deleted text begin of commissionersdeleted text end , by resolution, may delegate the duties of the
appeal committee to its board of adjustment established pursuant to section 394.27. When
carrying out the duties of the appeal committee, the zoning board of adjustment shall
comply with all of the procedural requirements of this section.
Subd. 4.
Control or eradication by inspector.
If a person does not comply with an
individual notice served on the person or an individual notice cannot be served, the deleted text begin weeddeleted text end
inspector having jurisdiction shall have the noxious weeds controlled or eradicated within
the time and in the manner the deleted text begin weeddeleted text end inspector designates.
Subd. 5.
Control or eradication by inspector in growing crop.
deleted text begin A weeddeleted text end new text begin An
new text end inspector may consider it necessary to control or eradicate noxious weeds along with
all or a part of a growing crop to prevent the maturation and spread of noxious weeds
within the inspector's jurisdiction. If this situation exists, the deleted text begin weeddeleted text end inspector may have the
noxious weeds controlled or eradicated together with the crop after the appeal committee
has reviewed the matter as outlined in subdivision 3 and reported back agreement with
the order.
Subd. 6.
Authorization for person hired to enter upon land.
The deleted text begin weeddeleted text end inspector
may hire a person to control or eradicate noxious weeds if the person who owns the land,
the person who occupies the land, or the person responsible for the maintenance of public
land has failed to comply with an individual notice or with the published general notice
when an individual notice cannot be served. The person hired must have authorization, in
writing, from the deleted text begin weeddeleted text end inspector to enter upon the land.
Subd. 7.
Expenses; reimbursements.
A claim for the expense of controlling or
eradicating noxious weeds, which may include the costs of serving notices, is a legal
charge against the county in which the land is located. The officers having the work done
must file with the county auditor a verified and itemized statement of cost for all services
rendered on each separate tract or lot of land. The county auditor shall immediately issue
proper warrants to the persons named on the statement as having rendered services. To
reimburse the county for its expenditure in this regard, the county auditor shall certify
the total amount due and, unless an appeal is made in accordance with section 18.84,
enter it on the tax roll as a tax upon the land and it must be collected as other real estate
taxes are collected.
If public land is involved, the amount due must be paid from funds provided for
maintenance of the land or from the general revenue or operating fund of the agency
responsible for the land. deleted text begin Each claim for control or eradication of noxious weeds on public
lands must first be approved by the commissioner of agriculture.
deleted text end
Sec. 19.
Minnesota Statutes 2008, section 18.84, subdivision 1, is amended to read:
Sec. 20.
Minnesota Statutes 2008, section 18.84, subdivision 2, is amended to read:
Subd. 2.
Appeal new text begin of charges new text end to county board.
A person who is ordered to control
noxious weeds under sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91 new text end and is charged for noxious weed control
may appeal the cost of noxious weed control to the county board of the county where the
noxious weed control measures were undertaken within 30 days after being charged. The
county board shall determine the amount and approve the charge and filing of a lien
against the property if it determines that the owner, or occupant if other than the owner,
responsible for controlling noxious weeds did not comply with the order of the inspector.
Sec. 21.
Minnesota Statutes 2008, section 18.84, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Courtdeleted text end Appeal of costsnew text begin to district courtnew text end ; petition.
(a) A deleted text begin landowner who
has appealeddeleted text end new text begin person who is ordered to control noxious weeds under sections 18.76 to 18.91
and is charged for new text end the cost of noxious weed control deleted text begin measures under subdivision 2deleted text end may
petition for judicial reviewnew text begin of the chargesnew text end . The petition must be filed within 30 days after
deleted text begin the conclusion of the hearing before the county boarddeleted text end new text begin being chargednew text end . The petition must be
filed with the court administrator in the county in which the land where the noxious weed
control measures were undertaken is located, together with proof of service of a copy of
the petition on the county auditor. No responsive pleadings may be required of the county,
and no court fees may be charged for the appearance of the county in this matter.
(b) The petition must be captioned in the name of the person making the petition as
petitioner and respective county as respondents. The petition must include the petitioner's
name, the legal description of the land involved, a copy of the notice to control noxious
weeds, and the date or dates on which appealed control measures were undertaken.
(c) The petition must state with specificity the grounds upon which the petitioner
seeks to avoid the imposition of a lien for the cost of noxious weed control measures.
Sec. 22.
Minnesota Statutes 2008, section 18.86, is amended to read:
18.86 UNLAWFUL ACTS.
No person may:
(1) hinder or obstruct in any way deleted text begin the county agricultural inspectors or local weed
inspectorsdeleted text end new text begin an inspector new text end in the performance of deleted text begin theirdeleted text end duties deleted text begin as provided indeleted text end new text begin under new text end sections
18.76 to deleted text begin 18.88deleted text end new text begin 18.91 new text end or related rules;
(2) neglect, fail, or refuse to comply with section 18.82 or related rules in the
transportation and use of material or equipment infested with noxious weed propagating
parts;
(3) sell material containing noxious weed propagating parts to a person who does
not have a permit to transport that material or to a person who does not have a screenings
permit issued in accordance with section 21.74; or
(4) neglect, fail, or refuse to comply with a general notice or an individual notice to
control or eradicate noxious weeds.
Sec. 23.
Minnesota Statutes 2008, section 18.87, is amended to read:
18.87 PENALTY.
A violation of section 18.86 or a rule adopted under that section is a misdemeanor.
deleted text begin County agricultural inspectors, local weeddeleted text end Inspectorsdeleted text begin ,deleted text end or their appointed assistants are
not subject to the penalties of this section for failure, neglect, or refusal to perform duties
imposed on them by sections 18.76 to deleted text begin 18.88deleted text end new text begin 18.91new text end .
Sec. 24.
Minnesota Statutes 2008, section 18.88, is amended to read:
18.88 NOXIOUS WEED PROGRAM FUNDING.
Subdivision 1.
County.
The county board shall pay, from the general revenue or
other fund for the county, the expenses for the county agricultural inspector position, for
noxious weed control or eradication on all land owned by the county or on land deleted text begin thatdeleted text end
new text begin for which new text end the county is responsible for deleted text begin thedeleted text end new text begin its new text end maintenance deleted text begin of,deleted text end new text begin and new text end for the expenses of
the appeal committeedeleted text begin , and for necessary expenses as required for quarantines within
the countydeleted text end .new text begin Use of funding from grants and other sources for the administration and
enforcement of the noxious weed law must be approved by the county board.
new text end
Subd. 2.
Municipality.
The municipality shall pay, from the general revenue or
other fund for the municipality, the necessary expenses of the local weed inspector in the
performance of duties required deleted text begin for quarantines within the municipality, anddeleted text end for noxious
weed control or eradication on land owned by the municipality or on land for which the
municipality is responsible for its maintenance.new text begin Use of funding from grants and other
sources for the administration and enforcement of the noxious weed law must be approved
by the town board or city mayor.
new text end
new text begin Subd. 3. new text end
new text begin Funding. new text end
new text begin
Funding in the form of grants or cost sharing may be provided to
the counties for the performance of their activities under section 18.81, subdivision 1.
new text end
Sec. 25.
new text begin
[18.89] NOXIOUS WEED AND INVASIVE PLANT SPECIES
ASSISTANCE FUND.
new text end
new text begin
The noxious weed and invasive plant species assistance fund is created in the state
treasury. The fund may be used to carry out the purposes of section 18.90. Any money
appropriated to the fund and any money received by the fund as gifts or grants or other
private or public funds obtained for the purposes in section 18.91 must be credited to the
fund. The money in the account is continuously appropriated to the commissioner to
implement section 18.90.
new text end
Sec. 26.
new text begin
[18.90] GRANT PROGRAM.
new text end
new text begin
(a) From funds available in the noxious weed and invasive plant species assistance
fund established in section 18.89, the commissioner shall administer a grant program
to assist counties and municipalities and other weed management entities in the cost
of implementing and maintaining noxious weed control programs and in addressing
special weed control problems. The commissioner shall receive applications by counties,
municipalities, weed management areas, and weed management entities for assistance
under this section and, in consultation with the Noxious Weed Advisory Committee award
grants for any of the following eligible purposes:
new text end
new text begin
(1) to conduct applied research to solve locally significant weed management
problems;
new text end
new text begin
(2) to demonstrate innovative control methods or land management practices which
have the potential to reduce landowner costs to control noxious weeds or improve the
effectiveness of noxious weed control;
new text end
new text begin
(3) to encourage the ongoing support of weed management areas;
new text end
new text begin
(4) to respond to introductions or infestations of invasive plants that threaten or
potentially threaten the productivity of cropland and rangeland over a wide area;
new text end
new text begin
(5) to respond to introductions or infestations of invasive plant species that threaten
or potentially threaten the productivity of biodiversity of wildlife and fishery habitats on
public and private lands;
new text end
new text begin
(6) to respond to special weed control problems involving weeds not included in the
list of noxious weeds published and distributed by the commissioner;
new text end
new text begin
(7) to conduct monitoring or surveillance activities to detect, map, or determine
the distribution of invasive plant species and to determine susceptible locations for the
introduction or spread of invasive plant species; and
new text end
new text begin
(8) to conduct educational activities.
new text end
new text begin
(b) The commissioner shall select and prioritize applications for assistance under
this section based on the following considerations:
new text end
new text begin
(1) the seriousness of the noxious weed or invasive plant problem or potential
problem addressed by the project;
new text end
new text begin
(2) the ability of the project to provide timely intervention to save current and future
costs of control and eradication;
new text end
new text begin
(3) the likelihood that the project will prevent or resolve the problem or increase
knowledge about resolving similar problems in the future;
new text end
new text begin
(4) the extent to which the project will leverage federal funds and other nonstate
funds;
new text end
new text begin
(5) the extent to which the applicant has made progress in addressing noxious weed
or invasive plant problems;
new text end
new text begin
(6) the extent to which the project will provide a comprehensive approach to the
control or eradication of noxious weeds;
new text end
new text begin
(7) the extent to which the project will reduce the total population or area of
infestation of a noxious weed;
new text end
new text begin
(8) the extent to which the project uses the principles of integrated vegetation
management and sound science; and
new text end
new text begin
(9) other factors that the commissioner determines to be relevant.
new text end
new text begin
(c) Nothing in this section may be construed to relieve a person of the duty or
responsibility to control the spread of noxious weeds on lands owned and controlled
by the person.
new text end
Sec. 27.
new text begin
[18.91] ADVISORY COMMITTEE; MEMBERSHIP.
new text end
new text begin Subdivision 1. new text end
new text begin Duties. new text end
new text begin
The commissioner shall consult with the Noxious Weed
Advisory Committee to advise the commissioner concerning responsibilities under
the noxious weed control program. The committee shall also evaluate species for
invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused
by them. For each species evaluated, the committee shall recommend to the commissioner
on which noxious weed list or lists, if any, the species should be placed. Species currently
designated as prohibited or restricted noxious weeds must be reevaluated every three years
for a recommendation on whether or not they need to remain on the noxious weed lists.
Members of the committee are not entitled to reimbursement of expenses nor payment
of per diem. Members shall serve two-year terms with subsequent reappointment by
the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
The commissioner shall appoint members, which shall
include representatives from the following:
new text end
new text begin
(1) horticultural science, agronomy, and forestry at the University of Minnesota;
new text end
new text begin
(2) the nursery and landscape industry in Minnesota;
new text end
new text begin
(3) the seed industry in Minnesota;
new text end
new text begin
(4) the Department of Agriculture;
new text end
new text begin
(5) the Department of Natural Resources;
new text end
new text begin
(6) a conservation organization;
new text end
new text begin
(7) an environmental organization;
new text end
new text begin
(8) at least two farm organizations;
new text end
new text begin
(9) the county agricultural inspectors;
new text end
new text begin
(10) city, township, and county governments;
new text end
new text begin
(11) the Department of Transportation;
new text end
new text begin
(12) the University of Minnesota Extension;
new text end
new text begin
(13) the timber and forestry industry in Minnesota;
new text end
new text begin
(14) the Board of Water and Soil Resources; and
new text end
new text begin
(15) soil and water conservation districts.
new text end
new text begin Subd. 3. new text end
new text begin Additional duties. new text end
new text begin
The committee shall conduct evaluations of terrestrial
plant species to recommend if they need to be designated as noxious weeds and into
which noxious weed classification they should be designated, advise the commissioner
on the implementation of the Noxious Weed Law, and assist the commissioner in the
development of management criteria for each noxious weed category.
new text end
new text begin Subd. 4. new text end
new text begin Organization. new text end
new text begin
The committee shall select a chair from its membership.
Meetings of the committee may be called by or at the direction of the commissioner or
upon direction of its chair.
new text end
new text begin Subd. 5. new text end
new text begin Expiration. new text end
new text begin
Notwithstanding section 15.059, subdivision 3, the committee
expires June 30, 2013.
new text end
Sec. 28. new text begin DEADLINE FOR APPOINTMENTS.
new text end
new text begin
The commissioner shall complete the appointments required under Minnesota
Statutes, section 18.91 by September 1, 2009. The commissioner or the commissioner's
designee shall convene the first meeting of the committee no later than October 1, 2009.
new text end
Sec. 29. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 18.81, subdivision 3,
new text end
new text begin
is repealed.
new text end