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WELD COUNTY
CODE ORDINANCE 2004-9
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 15,
VEGETATION, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld,State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter,is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld, including
the codification of all previously adopted ordinances of a general and permanent nature enacted on
or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirement therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapter 15 of the Weld County Code be,
and hereby is, repealed and re-enacted, with amendments, and revised to read as follows.
CHAPTER 15
Vegetation
ARTICLE I
Noxious Weed Management Enforcement Policy
Sec. 15-1-10. Title.
This policy shall be known as and be referred to as the"Weld County Noxious Weed Management
Enforcement Policy" and shall be effective throughout the unincorporated areas of Weld County.
Sec. 15-1-20. Purpose of Policy.
The Colorado Noxious Weed Act,Section 35-5.5-101,et seq.,C.R.S.,(hereinafter"the Act")states
that certain noxious weeds pose a threat to the continued economic and environmental value of the
land in Colorado and that they must be managed by all landowners in the State. The Act states that
local governments (cities and counties) are directed to take the necessary steps to manage the
noxious weeds in their respective jurisdictions. As a result, Weld County established a Noxious
Weed Management Advisory Board and this Weld County Noxious Weed Management Enforcement
Policy.
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Sec. 15-1-30. Definitions.
For the purposes of this Chapter,the following words and phrases shall have the meanings stated
in this Section:
Act The Colorado Noxious Weed Act.
Authorized agent Any agent, delegate, or employee designated by the Board of County
Commissioners to carry out the Noxious Weed Management Enforcement Policy for Weld
County.
Inspector. An authorized agent of Weld County.
Integrated weed management The planning and implementation of a coordinated program
utilizing a variety of methods for managing noxious weeds, the purpose of which is to
achieve desirable plant communities. Such methods may include but are not limited to
education, preventive measures, good stewardship, and the following techniques:
(a) Biological management: The use of an organism to disrupt the growth of
noxious weeds.
(b) Chemical management:The use of herbicides or plant growth regulators to
disrupt the growth of noxious weeds.
(c) Cultural management: Methodologies or management practices that favor
the growth of desirable plants over noxious weeds,including maintaining an
optimum fertility and plant moisture status in an area, planting at optimum
density and spatial arrangement in an area,and planting species most suited
to an area.
(d) Mechanical management: Methodologies or management practices that
physically disrupt plant growth, including tilling, mowing, burning, flooding,
mulching, hand-pulling, hoeing, and grazing.
Landowner. Any owner of record of federal,tribal,state,county, municipal,or private land.
Local advisory board: The Weld County Noxious Weed Management Advisory Board and
are those individuals appointed by the Weld County Board of County Commissioners to
advise on matters of noxious weed management.
Local governing body. The Weld County Board of County Commissioners.
Management Any activity that prevents a plant from establishing,reproducing,or dispersing
itself.
Management objective:The specific,desired result of integrated management efforts and
includes:
(a) Eradication: Reducing the reproductive success of a noxious weed species
or specified noxious weed population in largely uninfested regions to zero
and permanently eliminating the species or population within a specified
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period of time. Once all specified weed populations are eliminated or
prevented from reproducing,intensive efforts continue until the existing seed
bank is exhausted
(b) Containment.Maintaining an intensively managed buffer zone that separates
infested regions,where suppression activities prevail,from largely uninfested
regions, where eradication activities prevail.
(c) Suppression: Reducing the vigor of noxious weed populations within an
infested region, decreasing the propensity of noxious weeds to spread to
surrounding lands, and mitigating the negative effects of noxious weed
populations on infested lands. Suppression efforts may employ a wide
variety of integrated management techniques.
(d) Restoration: The removal of noxious weed species and reestablishment of
desirable plant communities on lands of significant environmental or
agricultural value in order to help restore or maintain value.
Management plan: means the noxious weed management plan developed by any person
or the local advisory board using integrated management.
Noxious weeds: Those plants designated in Section 15-1-40 of this Code.
Person oroccupant. An individual, partnership,corporation, association,or federal,state,
or local government or agency thereof owning,occupying,or controlling any land,easement,
or right-of-way,including any city,county,state,or federally owned and controlled highway,
drainage or irrigation ditch,spoil bank,borrow pit,gas and oil pipeline,high voltage electrical
transmission line, or right-of-way for a canal or lateral.
Sec. 15-1-40. Noxious weeds.
A. The Rules Pertaining to the Administration and Enforcement of the Act(8 CCR 1203-19,
Part 3), identify 17 noxious weeds species designated for eradication in Colorado, and
consequently,Weld County(known therein as"List A Noxious Weed Species"). The State
Noxious Weed Management Plans for List"A"Noxious Weed Species is in Appendix 15-A.
The species include:
African rue (Peganum harmala)
Camelthorn (Alhagi pseudalhagi)
Common crupina (Crupina vulgaris)
Cypress spurge (Euphorbia cyparissias)
Dyer's woad (Isatis tinctoria)
Giant salvinia (Salvinia molesta)
Hydrilla (Hydrilla verticillata)
Meadow knapweed (Centaurea pratensis)
Mediterranean sage (Salvia aethiopis)
Medusahead (Taeniatherum caput-medusae)
Myrtle spurge (Euphorbia myrsinites)
Purple loosestrife (Lythrum salicaria)
Rush skeletonweed (Chondrilla juncea)
Sericea lespedeza (Lespedeza cuneata)
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Squarrose knapweed (Centaurea virgata)
Tansy ragwort (Senecio jacbaea)
Yellow starthistle (Centaurea solstitialis)
B. The noxious weed species designated for management in Weld County are as follows:
Field bindweed (Convolvulus arvensis)
Chinese clematis (Clematis orientalis)
Orange hawkweed (Hieracium aurantiacum)
Diffuse knapweed (Centaurea diffusa)
Spotted knapweed (Centaurea maculosa)
Russian knapweed (Acroptilon repens)
Leafy spurge (Euphorbia esula)
Tamarisk (Tamarix ramosissima)
Canada thistle (Cirsium arvense)
Musk thistle (Carduus nutans)
Plumeless thistle (Carduus acanthoides)
Scotch thistle (Onopordum acanthium)
Dalmatian toadflax (Linaria dalmatica)
Absinth wormwood (Artemisia absinthium)
Added to this list are the remaining"B"weed species which are listed in the Rules(8 CCR
1203-19, Part4),and as such list may be modified by the State of Colorado, Department of
Agriculture. The remaining "B" weed species list is found in Appendix 15-B.
ARTICLE II
Enforcement of Plan
Sec. 15-2-10. Noxious weeds deemed a public nuisance.
The noxious weeds listed in Section 15-1-40 of this Code,at any and all stages,their carriers, and
any and all premises and things infested or exposed to infestation therewith in Weld County, are
declared to be a public nuisance and,in addition to the remedies contained in Article II,Chapter 15
of this Code, are subject to all of the laws and remedies relating to the prevention and abatement
of nuisances, including, but not limited to, those set forth in Section 35-5.5-113, C.R.S.
Sec. 15-2-20. Authorized agent for enforcement.
Pursuant to Section 35-5.5-105(2), C.R.S.,the Public Works Weed Division Supervisor and his or
her employees and agents,are hereby designated"authorized agents"to enforce the Noxious Weed
Management Enforcement Policy in the unincorporated areas of the County, by utilizing those
procedures set forth in Section 35-5.5-108, C.R.S., and any other applicable state and federal
statutes, rules, regulations and ordinances, including the remaining provisions of this Chapter.
Sec. 15-2-30. Methods of identification and inspection.
A. An authorized agent shall have the right to enter upon any premises, lands, or places,
whether public or private,during reasonable business hours,for the purpose of inspecting
for the existence of a noxious weed infestations,when at least one of the following events
has occurred:
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1. The landowner or occupant has requested an inspection;
2. A neighboring landowner or occupant has reported a suspected noxious weed
infestation and requested an inspection; or
3. The authorized agent has made a visual inspection from the public right-of-way or
area and has reason to believe that a noxious weed infestation exists.
B. If verbal permission to inspect the property is not obtained from the landowner or occupant,
and after notification by certified mail the landowner or occupant denies access to the
authorized agent, the authorized agent may seek an inspection warrant issued by a
municipal,county or district court having jurisdiction over the land, utilizing the procedures
set forth in Section 35-5.5-109(2)(b), C.R.S.
Sec. 15-2-40. Notice to control identified noxious weeds.
A. The authorized agent has the authority to notify a landowner or occupant of such lands of
the presence of noxious weeds("Notice to Control Identified Noxious Weeds").Such notice
shall be by certified mail, and shall include the following:
1. The name(s) and address(es) of the landowner or occupant;
2. The property's Assessor Office Parcel # and legal description;
3. The noxious weeds to be managed;
4. Advisement to the landowner or occupant to manage the noxious weeds within ten
(10) days of mailing the notice;
5. The best available control methods of integrated management;
6. The options of notice compliance;
7. The consequences for non-compliance; and
8. A statement that the authorized agent will seek a"right-of-entry"from the Board of
County Commissioners to enter the property and manage identified noxious weeds
unless the landowner/occupant complies with the notice,or submits a written weed
management plan with an acceptable completion date, or requests an arbitration
panel develop a weed management plan pursuant to Section 35-5.5-109(4)(a)(III)
and (4)(b).
B. The authorized agent may give a Notice to Control Identified Noxious Weeds to any State
board,department or agency that administers or supervises State lands within the County's
jurisdiction, to manage noxious weeds on such lands.
1. Such notice shall specify the best available method(s) of integrated management
and will include the same information as itemized in Section 15-2-40.A.of this Code.
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2. Wherever possible,the authorized agent will consult with the affected State board,
department or agency in the development of a plan for the management of noxious
weeds on the lands.
Sec. 15-2-50. Right of entry.
Prior to entering private or state lands for the purposes of enforcing the notice,the authorized agent
shall first obtain a"right-of-entry"from the Board of County Commissioners, no less than ten (10)
days after a Notice to Control Identified Noxious Weed has been sent to the owner or occupant of
the private lands and said owner or occupant has failed to comply with said notice.
Sec. 15-2-60. Right to assess whole cost of management.
The authorized agent shall assess the whole cost of such enforcement, including up to twenty
percent(20%)for inspection and other incidental costs in connection therewith, upon the tract of
land where the noxious weeds are located. Notice of such assessment shall be mailed to the
landowner or occupant by certified mail. Failure to receive notice of assessment shall not act as
a defense to such assessment.
Sec. 15-2-70. Failure to pay assessment.
Any assessment which is not paid within thirty-three(33)days after the date of mailing by certified
mail to the landowner or occupant of private lands upon which the Authorized agent has performed
enforcement work, shall constitute a lien against each lot or tract of land until paid and may be
certified by resolution of the Board of County Commissioners to the County Treasurer to be
collected in the same manner as provided for collection of taxes upon private lands in accordance
with Section 35-5.5-109(5)(a), C.R.S.
Sec. 15-2-80. Liability.
This Chapter shall not be intended to create a civil cause of action against the Board of County
Commissioners of Weld County, or any other person that may administer this Chapter in any
manner.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-
sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence,clause,and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2004-9 was, on motion duly made and
seconded, adopted by the following vote on the 22nd day of November, A. D., 2004.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Robert D. Masden, Chair
Weld County Clerk to the Board
William H. Jerke, Pro-Tem
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
David E. Long
County Attorney
Glenn Vaad
Publication: September 22, 2004
First Reading: October 6, 2004
Publication: October 20, 2004, in the Fort Lupton Press
Second Reading: November 1, 2004
Publication: November 10, 2004, in the Fort Lupton Press
Final Reading: November 22, 2004
Publication: December 1, 2004, in the Fort Lupton Press
Effective: December 6, 2004
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APPENDIX 15-A
State Noxious Weed Management Plans for List"A" Noxious Weed Species
List"A" Noxious Weed Species:
African rue. In addition to the requirements set forth for the management of ListA species,
the following conditions also apply for African rue:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the State of Colorado Commissioner of Agriculture
("Commissioner")and digging,or other mechanical techniques approved by
the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is unknown.
Camelthorn. In addition to the requirements set forth for the management of ListA species,
the following conditions also apply for camelthorn:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and digging,or other mechanical
techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is at least several years.
Common crupina. In addition to the requirements set forth for the management of List A
species, the following conditions also apply for common crupina:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and hand-pulling,digging,or other
mechanical techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is three years.
Cypress spurge. In addition to the requirements set forth for the management of List A
species, the following conditions also apply for cypress spurge:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and hand-pulling,digging, or other
mechanical techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is estimated to be eight years.
Dyer's woad. In addition to the requirements set forth for the management of ListA species,
the following conditions also apply for dyer's woad:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and hand- pulling, digging, or
other mechanical techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is at least eight years.
Giant salvinia. In addition to the requirements set forth for the management of List A
species, the following conditions also apply for giant salvinia:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner, water drawdown (controlled
water drainage), and hand-removal, or other mechanical techniques
approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques other than those prescribed in (a), or mechanical techniques
other than those prescribed in (a) unless otherwise approved by the
Commissioner.
C. Any efforts to physically remove plants must prevent fragmentation as stem
fragments are considered plant propagules.
D. Spore longevity is negligible.
Hydrilla. In addition to the requirements set forth for the management of ListA species,the
following conditions also apply for hydrilla:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner, water drawdown (controlled
water drainage), and hand-removal, or other mechanical techniques
approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques other than those prescribed in (a), or mechanical techniques
other than those prescribed in (a) unless otherwise approved by the
Commissioner.
C. Any efforts to physically remove plants must prevent fragmentation as stem
fragments are considered plant propagules.
D. Seed longevity is unknown.
Meadow knapweed. In addition to the requirements set forth for the management of List A
species, the following conditions also apply for meadow knapweed:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and hand-pulling,digging,or other
mechanical techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is estimated to be at least seven years.
Mediterranean sage. In addition to the requirements set forth for the management of ListA
species, the following conditions also apply for Mediterranean sage:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and digging,or other mechanical
techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is unknown.
Medusahead. In addition to the requirements set forth for the management of ListA species,
the following conditions also apply for medusahead:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner, prescribed fire in conjunction
with herbicide application, and hand-pulling, digging, or other mechanical
techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques other than those prescribed in (a), or mechanical techniques
other than those prescribed in (a) unless otherwise approved by the
Commissioner.
C. Seed longevity is at least two years.
Myrtle spurge. In addition to the requirements set forth for the management of List A
species, the following conditions also apply for myrtle spurge:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and hand-pulling,digging,or other
mechanical techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is estimated to be eight years.
Purple loosestrife. In addition to the requirements set forth for the management of List A
species, the following conditions also apply for purple loosestrife:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and hand-pulling,digging,or other
mechanical techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Any efforts to physically remove plants must prevent fragmentation as stem
fragments are considered plant propagules.
D. Seed longevity is unknown but at least 10 years.
Rush skeletonweed. In addition to the requirements set forth for the management of ListA
species, the following conditions also apply for rush skeletonweed:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and hand-pulling,digging,or other
mechanical techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is at least three years.
Sericea lespedeza. In addition to the requirements set forth for the management of List A
species, the following conditions also apply for sericea lespedeza:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and hand-pulling,digging,or other
mechanical techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is estimated to be at least twenty years.
Squarrose knapweed. In addition to the requirements set forth for the management of List
A species, the following conditions also apply for squarrose knapweed:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner, prescribed fire in conjunction
with herbicide application, and hand-pulling, digging, or other mechanical
techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques other than those prescribed in (a), or mechanical techniques
other than those prescribed in (a) unless otherwise approved by the
Commissioner.
C. Seed longevity is at least three years.
Tansy ragwort. In addition to the requirements set forth for the management of List A
species, the following conditions also apply for tansy ragwort:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner and hand-pulling,digging,or other
mechanical techniques approved by the Commissioner .
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques, or mechanical techniques other than those prescribed in (a)
unless otherwise approved by the Commissioner.
C. Seed longevity is at least sixteen years.
Yellow starthistle. In addition to the requirements set forth in these rules for the
management of ListA noxious weed species,the following conditions also apply for yellow
starthistle:
A. The prescribed integrated management techniques are limited to the use of
herbicides approved by the Commissioner, prescribed fire in conjunction
with herbicide application, and hand-pulling, digging, or other mechanical
techniques approved by the Commissioner.
B. Prescribed integrated management techniques do not include the use of
biocontrol agents, herbicides other than those prescribed in (a), cultural
techniques other than those prescribed in (a), or mechanical techniques
other than those prescribed in (a) unless otherwise approved by the
Commissioner.
C. Seed longevity is at least ten years.
APPENDIX 15-B
The Remaining List"B" Colorado Noxious Weed List
As the Colorado Department of Agriculture develops conclusive management criteria for each weed
species, Weld County will follow by placing the species on the County's B list. Management of the
weed species will be required at that time.
Black henbane (Hyoscyamus niger)
Bouncingbet(Saponaria officinalis)
Bull thistle (Cirsium vulgare)
Common tansy (Tanacetum vulgare)
Common teasel (Dipsacus fullonum)
Corn chamomile (Anthemis arvensis)
Cutleaf teasel (Dipsacus laciniatus)
Dame's rocket (Hesperis matronalis)
Hoary cress (Cardaria draba)
Houndstongue (Cynoglossum officinale)
Mayweed chamomile (Anthemis cotula)
Moth mullein(Vebascum blattaria)
Oxeye daisy (Chrysanthemum leucanthemum)
Perennial pepperweed (Lepidium latifolium)
Quackgrass (Elytrigia repens)
Redstem filaree (Erodium cicutarium)
Russian-olive (Elaeagnus angustifolia)
Scentless chamomile (Matricaria perforata)
Spurred anoda(Anoda cristata)
Sulfur cinquefoil (Potentilla recta)
Venice mallow(Hibiscus trionum)
Yellow nutsedge (Cyperus esculentus)
Yellow toadflax (Linaria vulgaris)
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