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HomeMy WebLinkAbout20010712.tiff 83//442co/ WELD COUNTY CODE ORDINANCE 2001-2 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 15 VEGETATION ARTICLE I Undesirable PlantNoxious;Weed Management Sec. 15-1-10. Description of Act. A. The Colorado Undesirable Plant Noxious Weed Management Act, Section 35-5.5-101, et seq., C.R.S., (hereinafter"the Act") states that certain undesirable plants 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 undesirable plants designated for mandatory management statewide are: Leafy spurge (Cuphorbia esula), Russian knapweed (Acroptilon repens), diffuse knapweed {Centaurea diffuse) and spotted knapwecd (Ce„trurerr„racuiusa). AJJiticj,,al e.�l} apccic3 may be added to the state list by each local jurisdiction. The Act states such that local governments (cities and counties)are directed to take the necessary steps to manage the undesirable plants noxious weeds in their respective jurisdictions. They are further directed to appoint an advisory commission whose responsibilities are threefold: 1. Develop recommended management criteria and integrated weed management plans for managing the designated undesirable plantsnoxious weeds. 2. Recommend the addition, if necessary, of undesirable plants noxious weeds that shall be subject to integrated management. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 2 3. Recommend to the Board of County Commissioners the names of those landowners who shall be required to submit integrated weed management plans for managing the undesirable plants noxious weeds on their property. B. The Act further states that by January 1, 1002, each local governing body is to have developed and adopted an Undesirable Plant a Noxious Weed Management Plan for all lands within its jurisdictional boundaries. Sec. 15-1-20. Weed species to be controlled. A. The Pest Control Districts Law (Section 35-5-104,-C.R.S.) enabled landowners in each county the ability, through a lengthy petitioning and balloting process, to establish weed control districts. Within each weed district, designated species are mandated to be controlled. In the County, nine (9) such weed districts exist. The districts occur in the lower two-thirds (?) of the County, and the weed species designated for control range from three (3) to seven (7) species, depending upon the weed district. The weed species that are currently being managed in at least a part of the County are as follows: Pursuant to the Act,Weld County has formed the Weld County!Noxious Weed Management Advisory Board to develop and recommend a Noxious Weed Management Plan and to review said Plan at least every three (3)years. There are nine (9)weed species that are designated for management in Weld,County, as follows. Leafy Spurge (Euphorbia esula) Canada Thistle (Cirsium arvense) Musk Thistle (Carduus nutans) Field Bindweed (Convolvolus arvensis) Whitetop (Cardaria draba), Russian Knapweed (Acroptilon repens) Wild Pro3o Millet (Panicum miliaceum) Scotch Thistle (Onopordum acanthium) Diffuse Knapweed (Centaurea diffusa) Spotted Knapweed (Centaurea maculosa) Dalmatian Toadflax (Linaria dalmatica) B. Under the Act (Section 35-5.5-101, et seq.;C.R.S.), there are four (4)weed species which are mandated for Countywide management. They are leafy spurge, and Russian, diffuse and spotted knapweed. Canada thistle, musk thistle, Scotch thistle and field bindweed are added to the Countywide undesirable plant list by this Chapter in accordance with Section 35-5.5-100(3), C.R.S. E--Of the weed species listed previouslyabove, Canada thistle, field bindweed, leafy spurge, musk and scotch thistles, and Russian knapweed, whitetop and wild proso millet cover the most acreage in the County and pose the greatest economic and environmental threat to the County. Diffuse knapweed is currently localized to a few drainages and rights-of-way in the southwest part of the County, and there is one (1) known spotted knapweed infestation in the County. Dalmatian toadflax is appearing in the northwest part of the County. Sec. 15-1-30. Objectives and goals. A. Statement of objectives. The objectives of the Department of Public Works with respect to weed management in the County are fourfold. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 3 1. Develop and carry out a comprehensive noxious weed control program on all County rights-of-way and other County property, such as in sand and gravel mining operations, grader shed lots and open space areas. 2. Establish an educational program, by using mailings and holding educational and calibration seminars, that will effectively communicate weed management information to the landowners in the County. 3. Identify uninformed or negligent landowners who are not carrying out weed management programs on their property and provide technical support for establishing weed management plans or enforce on properties, if necessary. 4. Work with all state and federal agencies, through intergovernmental agreements, if necessary, towards establishing effective weed management programs on their property. B. Short-term goals (January 1005 2000 to December 10032004). 1. Map all the County roads for noxious weed infestations.Annually update the map of the County roads for noxious weed infestations. 2. Map on a computer program at least one-half (1) of the landowners that have leafy spurge, Canada thistle and Russian knapwecd infestations. 3. Continue to establish contact with landowners on the South rlattc and roudre Rivers along waterways and other environmentally sensitive areas who have noxious weed infestations. 4-3. Establish educational/calibration seminars (annually) that work directly with one hundred fifty (150) to two hundred (200) landowners each year. 54. Have established contact with the Colorado Department of I IighwaysTransportation, Department of Parks and Recreation, Colorado Land Board, Division of Wildlife and U.S. Forest Service. Help them develop weed management plans and, where appropriate, enter into cooperative intergovernmental agreements. 5 Continue to share weed control costs with landowners as funds are available through current state grants designated for such purpose. Additional funds may be sought to Continue offering the same or similar cost-share program as may be appropriate. 6. Develop intergovernmental agreements with communities throughout the County for weed management along rural road rights-of-way. 67. Have established six (G) to eight (8) 150 -200 biological control release sites throughout the County in cooperation with the Colorado Department of Agriculture and private landowners. 78. By 1095 2003, have reduced the noxious weed acreage sprayed on County rights-of-way by ten percent(10%)to fifteen percent (15%) to twenty percent (20%). C. Long-term goals (January 1999 2005 to December 2002 2007). 1. I lave mapped on the computer program most noxious weed infestations Countywide, including private, state and federal lands. 2. Have reduced the noxious weed acreage sprayed on County rights-of-way by thirty percent(30%)to forty percent (40%) to fifty percent (50%). 32. Have contacted and worked with most landowners Countywide who have a noxious weed infestation. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 4 43. Have established thirty (30) to fifty (50)400- 500 biological control release sites in the County. Sec. 15-1-40. Plan of work implementation. A. Description of integrated weed management techniques. The weed species designated as undesirable noxious and mandated for management are leafy spurge (Euphorbia esula), Russian knapweed ( Acroptilon repens), diffuse knapwced (Centaurea-diffttsa)7 spotted knapweed (Centaurea maculosa), Canada thistle (Cirsium arvense)-musk-thistle (Carduus nutans), Scotch thistle (Onopordum acanthium) and field bindweed (Convolvulus arvensis)listed in Section 15-1-20.A of this Chapter. Integrated weed management methods are to be used in managing these weed species (Section 35-5.5- 107, C.R.S.). Integrated management techniques include education; preventive measures; and control measures including cultural, mechanical, biological and chemical control. For the purposes of this plan, the following definitions for the control measures will be used. Biological control means the use of organisms such as sheep, goats, cattle, insects and plant diseases to disrupt the growth of undesirable plants. Chemical control means the use of herbicides or plant growth regulators to disrupt the growth of undesirable plants. Cultural control means those methodologies or management practices conducted to favor the growth of desirable plants over undesirable plants, including, but not limited to, 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. Mechanical control means those methodologies or management practices that physically disrupt plant growth, including, but not limited to, tilling, mowing, burning, flooding, mulching, hand-pulling and hoeing. B. Management of the various undesirable plants noxious weeds will vary depending upon the site where the plants-is are located. Management options for each weed species will be developed for each site. The integrated management options listed below are meant to provide various management techniques for controlling the noxious weeds in the various environmental sites they are found. By no means are all the management options mentioned. Additional combinations of management techniques are possible which may be submitted by private landowners. The integrated weed management plans submitted by individual landowners will be evaluated by the County Vegetation Management Specialist and the Integrated Weed Management Advisory Commission on a ca3c by-ca3e basin. If a dispute regarding a management plan arises, the landowner or occupant may request an arbitration panel to determine the,final management plan (Section 35-5.5-109(4)00, C.R.S) 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 5 Sec. 15-1-50. Management of leafy spurge. A. Leafy spurge is a deep-rooted perennial plant that spreads by seeds and creeping roots. It has a vast underground root system which makes it difficult to control with any one (1) control technique. Leafy spurge is found primarily in riparian sites (along waterways such as the Poudre and South Platte Rivers) in the County and also along irrigation ditches, range and pastures, roadsides and other non-cropland sites. B. Control measures. 1. Cultural control: Seeding perennial grasses and forbs can be an effective management tool. Early emerging plant species that utilize early season moisture such as smooth brome (Bromus inermis) or crested wheatqrass (Agropyron cristatum), streambank wheatgrass, luna pubescent wheatgrass, western wheatgrass, Sherman big bluegrass or Bozoisky Russian wild rye have reduced leafy spurge density and limited the spread and establishment of new infestation. Sequential glyphosate applications followed by a seeding of luna pubescent wheatgrass, ephraim crested wheatgrass, intermediate wheatgrass, Sherman big bluegrass or Bozoisky Russian wild rye the above species has shown to be very effective in reducing an existing stand of leafy spurge. 2. Mechanical control: Mechanical control of leafy spurge is difficult at best; however, repeated mowing every fourteen (14) to twenty-one (21) days throughout the summer, starting before flowering stage, will at least keep the plants from going to seed and may reduce the underground root reserve-; however, mowinghas`shown to stimulate new,shoot growth from,roots. Consequently,mowing alone may increase shoot density in an established stand. Whether consistentimowing for consecutive years (two to three years) will reduce the root mass and subsequently reduce an existing stand is unknown., Research results are not available to indicate whether stand reduction or eradication could be achieved through use of this technique. 3. Biological control: a. Grazing with sheep and goats throughout the spring, summer and fall will keep leafy spurge from going to seed and may reduce the underground root reserve. This practice may also weaken the plants to make them more susceptible to chemical control. b. Several insect species that have been released by the USDA in the United States are showing some control of leafy spurge. Two f2)Numerous species of flea beetles, Apthona flava and Apthona nigriscutis SPP.,feed on leafy spurge. Adults feed on the foliage during the summer and the larvae burrow through the soil and mine the roots and fine root hairs. These insects used alone may not control leafy spurge. When used along with other insects such as Spurgia esula, a gall midge which feeds on the flowers preventing seed production, they will weaken the plant and make it more susceptible to other control methods, particularly chemical control. 4. Chemical control: There are a number of herbicides labeled for use on leafy spurge. Those that can be used independently or in combination with each other are: picloram (Tordon®); dicamba (BanvelClarity®); imazapic (Plateau®); 2,4-D (many different formulations); glyphosate (Roundup®and Rodeo®); fosamine 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 6 (Krenite(D) and any other EPA-approved chemicals labeled for use on leafy spurge. C. Integrated management options by site. 1. Range, pasture and riparian sites: a. Option #1, Biological and Chemical Control: Grazing with sheep or goats from early April through late August or early September, followed by a herbicide treatment in late September or early October. b. Option #2, Biological and Chemical Control: The release of insects such as Apthona nigriscutis, Apthona flava, A. lacertosa, A. cyperissiae, Spurgia Esula, and other species conducive to the area can be made. A herbicide treatment can-then be made during the true flower stage (where insects were not released) and in the fall at sites where insects were not released. I lerbicide applications should only be carried out in the fall where insects are used. U3c of herbicides at different times if the growing season can be instituted as additional IPM research is conducted and recommendations are developed. c. Option #3, Mechanical and Chemical Control: Mowing can be carried out throughout the season with the first mowing cycle at the bud stage. Mowing should stop during late August followed by a herbicide treatment during late September or early October (before a hard freeze). d. Option #4, Biological or Mechanical Control Only: The use of sheep or goats or mowing should be used all season to keep leafy spurge from going to seed. Whether this method will keep the existing infestation from spreading by underground root growth is uncertain. e. Option #5, Chemical Control Only: Herbicides should be used in the spring, early summer during the true flower stage and in the fall just before a hard freeze. Only the herbicides labeled for the site intended will be used. 2. Along irrigation ditches: a. Option #1, Biological and Chemical Control: The release of insects such as Apthona nigriscutis, Apthona flava, Spurgia Esula and other species conducive to the area could be made. An herbicide treatment should be earned out at the true flower stage (if the Spurgia Esula has not kept the plants from going to seed) and/or in the fall just before a hard frcczc. b. Option #2, Chemical Control-Only: Herbicides can be used in the spring or, early summer during the true flower stage, and in the fall just before a hard freeze. Only the herbicides labeled for the site intended will be used. 3. Road rights-of-way and other non-crop areas: a. Option #1, Mechanical and Chemical Control: One (1) mowing cycle can be carried out at the bud to early flower stage. A herbicide application should be made at the true flower stage. b. Option #2, Chemical Control Only: Herbicides can be used in the spring or early summer during the true flower stage and in the fall just before a hard freeze. Only the herbicides labeled for use on roadsides and other non-cropland areas would will be used. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 7 Sec. 15-1-60. Management of Russian knapweed. A. Russian knapweed is a non-native perennial plant that spreads by seeds and creeping roots. It has the ability to release chemicals into the environment as foliage decays which inhibit the growth of surrounding vegetation (allelopathic properties). Thus, once established, Russian knapweed can colonize an area rapidly. Russian knapweed is found primarily in range and pastures, roadsides and other non-cropland sites in the County. B. Control measures. 1. Cultural control: Seeding perennial grasses such as smooth brome (Druina0 rnermra), streambank wheatgrass, tuna pubescent wheatgrass, western wheatgrass, Sherman big bluegras, or Bozoisky Russian wild rye will help-te compete with Russian knapweed and slow its spread. In addition, stimulating grass growth by fertilizing and/or irrigation should increase grass competition. Due to the allelopathic properties of Russian knapweed, other control techniques such as judicious chemical control would have to be implemented in order to give grasses a chance to compete. 2. Mechanical control: Mechanical control of Russian knapweed could be carried out throughout the summer with repeated mowing every fourteen (14) to twenty- one (21) days. This would at least keep Russian knapweed from going to seed- ; however, mowing has shown to stimulate new shoot growth from roots. Consequently, mowing alone may increase shoot density in an established stand. Whether this control tcchniquc consistent mowing for consecutive years (two to three years)will reduce the root mass and subsequently reduce an existing stand is not known. 3. Biological control: There are currently no biological control agents available for Russian knapweed. 4. Chemical control: There are a number of herbicides labeled for use on Russian knapweed. Those that can be used independently or in combination with each other are: chlorsulfuron (Telar®); picloram (Tordon®); dicamba,"(Clarity®); clopyralid and 2,4-D (Curtain); clopyralid and triclopyr (Redeem R&P®); 2,4-D (many different formulations); glyphosate (Roundup® and Rodeo®) and any other EPA-approved chemical labeled for use on Russian knapweed. C. Integrated management options by site. 1. Range and pastures: a. Option #1, Mechanical and Chemical: Mowing can be carried out throughout the season with the first and successive mowing cycles carried out at the bud stage. A herbicide treatment can then be made in the fall before a hard freeze. b. Option #2, Cultural and Chemical: An herbicide application, using short residual herbicides such as glyphosate and/or 2,4-D can be made, followed up by reseeding with a competitive grass such as smooth brome or other sod-forming species from those listed in Section!15-1-60.B.1 of this Chapter. In addition, fertilization or irrigation could be instituted to stimulate increased grass growth. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 8 c. Option #3, Chemical Control Only: Herbicide applications can be made to Russian knapweed during the bud stage, bloom to post-bloom and/or in the fall, depending-up on the herbicide used. 2. Road rights-of-way and other non-crop areas: a. Option #1, Mechanical and Chemical: One (1) mowing cycle can be carried out at the bud to early flower stage. An herbicide application can be made during the bud stage, bloom to post-bloom and/or in the fall, depending upon the herbicide used. b. Option #2, Cultural and Chemical Control: Use of short residual herbicides such as glyphosate and/or 2,4-D can be used in the early summer during the bud stage. Seeding with perennial grasses such as smooth brome, luna pubescent wheatgrass, ephraim crested wheatgrass, intermediate wheatgrass, Sherman big bluegrass or Bozoisky Russian wild rye from those listed In Section 15-1-60.B.1 of this Coder can than then be carried out later in the summer, at the appropriate time. c. Option #3, Chemical Only: Herbicide applications can be made during the bud stage, bloom to post-bloom and/or in the fall, depending upon the herbicide used. Sec. 15-1-70. Management of diffuse knapweed. A. Diffuse knapweed is a non-native, biennial to short-lived perennial forb that reproduces by seed. It spreads rapidly by the mature plant breaking off at ground level and being blown with the wind, dispersing seed. It is a pioneer species that will quickly invade disturbed, dry sites. Diffuse knapweed is found in the southwest part of the County along rights-of-way, dry pasture sites and in gravelly riparian sites, such as along Boulder Creek and the St. Vrain and South Platte Rivers. B. Control measures. 1. Cultural control: Cultural control of diffuse knapweed is similar to Russian knapweed in that seeding with perennial grasses such as smooth brome-and crested wheatgrass, streambankwheatgrass,!luna pubescent wheatgrass, western Wheatgrass, Sherman big bluegrass or Bozoisky Russian wild rye will help to compete with diffuse knapweed and slow its spread. Seeding alone in infested sites will not, however, control the existing stand. 2. Mechanical control: Mowing diffuse knapweed when it is in the bud stage and again when it is flowering can significantly reduce seed production. Keeping diffuse knapweed from going to seed over a number of years can eventually eliminate an infestation, once the seed source in the soil is depleted. 3. Biological control: Two (2) species of picture-winged flies, Urophora affinis and U. quadrifasciata, have demonstrated the ability to reduce the seed production of diffuse and spotted knapweed. The flies lay eggs on the developing seed heads. As a result of the larvae feeding on the flowering heads, the plants produce galls which reduces seed production. The Colorado insectory is currently rearing these two (2) flies and has made releases in the State the last three (3)several years. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 9 4. Chemical control: There are a few herbicides labeled for use on diffuse knapweed. Those that can be used independently or in combination with each other are: picloram (Tordon®); dicamba (Danvc+Clarity®); glyphosate (Roundup®); 2,4-D (many different formulations); clopyralid and 2,4-D (Curtail®); clopyralid and triblopyr (Redeem R&P®) and any other EPA-approved chemical labeled for use on diffuse knapweed. C. Integrated management options by site. 1. Pasture and riparian areas: a. Option #1, Cultural and Chemical Control: An herbicide application can be made in early summer when diffuse knapweed is in the rosette through bolting stage. Reseeding with competitive perennial grasses such as smooth brome and crestcd wheatgra3s from those listed in Section 15-1-70.B.1 of this Chapter can-be followed later in the summer, depending upon the herbicide used and rate of application. b. Option #2, Biological and Chemical Control: The release of insects such as Urophora affinis and U. quadrifasciata can be made. An herbicide treatment can then be made from the rosette through bolting stages (where insects were not released)and in the fall where insects were not released. I lerbicide applications should only be carried out in the fall, where insects are used. The use of herbicides at different times of the growing season can be instituted as additional IPM research is conducted and recommendations are developed. c. Option #3, Mechanical and Chemical Control: Mowing can be carried out when diffuse knapweed is in the bud stage and again at flowering. An herbicide application can then be made to any plants that have re-bolted, if necessary. d. Option #4, Mechanical Control Only: Mowing can be carried out throughout the season which will reduce seed set. e. Option #5, Chemical Control Only: Herbicide application can be made during the rosette stage, spring or fall, and while bolting. 2. Rights-of-way and other non-crop areas: a. Option #1, Cultural and Chemical Control: Same as for Option #1 in pasture and riparian areas. b. Option #2, Mechanical and Chemical Control: One (1) mowing operation can be carried out when diffuse knapweed is in the bud stage. If necessary, an herbicide application can be made to plants that have re- bolted. c. Option #3, Mechanical Control Only: Same as for Option #4 in pasture and riparian areas. d. Option #4, Chemical Control Only: Same as for Option #5 in pasture and riparian areas. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 10 Sec. 15-1-80. Management of spotted knapweed. A. Spotted knapweed is a non-native, perennial forb that reproduces by seed. It is a highly competitive plant in rangeland sites that will exclude most grasses and forbs with time. There arc limited currently no known spotted knapweed infestations currently along the South Platte River drainage in the County. B. Control measures. 1. Cultural control: Cultural control of spotted knapweed is similar to such control of Russian and diffuse knapweed in that seeding with perennial grasses such as smooth brome and crested wheatqrass, streambank wheatgrass; luna pubescent wheatgrass, western wheatgrass, Sherman big bluegrass or Bozoisky Russian wild rye will help to compete with spotted knapweed and slow its spread. Seeding infested sites will not, however, control the existing stand. In range and pasture conditions, good grazing management practices will help to reduce the spread of the knapweeds in general. 2. Mechanical control: Mechanical control of spotted knapweed could be carried out throughout the summer with repeated mowing every fourteen(14) to twenty- one (21) days. This would at least keep spotted knapweed from going to seed. Whether this control technique will reduce the root mass and subsequently reduce an existing stand is not known. 3. Biological control: The same as what was developed under biological control for diffuse knapweed. 4. Chemical control: There are a few herbicides labeled for use on spotted knapweed. Those that can be used independently or in combination with each other are: picloram (Tordon(D); dicamba (BanvelClarity®); 2,4-D (many different formulations); and clopyralid and 2,4-D (Curtail®); clopyralid and triclopyr (Redeem R&P®). Sec. 15-1-90. Management of Canada thistle. A. Canada thistle is an aggressive, creeping perennial that reproduces by seed and vegetative buds in the root system. It is a difficult plant to control because of its extensive root system. Vertical roots may grow six (6) to fifteen (15) feet deep and horizontal roots may extend fifteen (15) feet or more. Canada thistle is the most widespread noxious weed in the County. It can be found in most habitat types, including pastures, riparian sites (along waterways such as the Poudre, South Platte, St. Vrain and Big Thompson Rivers), irrigation ditches, along roadside rights-of-way and in the various crop and non-cropland sites. B. Control measures. 1. Cultural control: Plant competition from various grasses and from alfalfa can be an effective management tool. Early emerging grass species such as smooth brome and crested wheatgrass, streambank wheatgrass, lung pubescent wheatgrass,western wheatgrass, Sherman big bluegrass or Bozoisky Russian wild rye can be used to compete with Canada thistle and slow the spread and establishment of new infestations. Competition alone, however, is seldom effective on Canada thistle. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 11 2. Mechanical control: Mechanical control of Canada thistle could be carried out throughout the summer with repeated mowing every fourteen (14) days. Such This method keeps Canada thistle from going to seed; however, mowing has shown to stimulate new shoot growth from roots. Consequently, mowing alone may increase shoot density in an established stand. Whether consistent mowing for consecutive years (two [2] to three [3] years)will reduce the root mass and subsequently reduce an existing stand is unknown. 3. Biological control: There is one (1) insect species, a weevil, called Ceutorynchus litura, that is currently being used as a biological control agent on Canada thistle in the State. The female lays eggs on the underside of the leaves in early spring and then the larvae bore into the main leaf vein and migrate down to the crown of the plant. The holes created by the larvae open up Canada thistle to secondary infection. Where high numbers of the larvae occur, death of Canada thistle can occur. 4. Chemical control: There are a number of herbicides labeled for use on Canada thistle, depending upon where the thistle is found. The herbicides that can be used independently or in combination with other compounds are: picloram (Tordon®); dicamba (BanvelClarity®); 2,4-D (many different formulations); chlorsulfuron (Telar®); clopyralid and 2,4-D (Curtail®);, Stinger®, Transline®); clopyralid and triciopyr (Redeem R&P®);;glyphosate (Roundup®, Rodeo®); and any other EPA-approved chemicals labeled for use on Canada thistle. C. Integrated management options by site. 1. Range, pasture and riparian sites: a. Option #1, Biological and Chemical: Release of the insect Ceutorynchus litura can be made during the early summer. An herbicide application can then be made at the bud stage (where insects were not released) and in the fall where insects were not released. I lerbicide applications should only be carried out in the fall, where insects were directly released. Use of herbicides at different times of the growing season can be instituted as additional IPM research is coordinated and recommendations are developed. b. Option #2, Mechanical and Chemical: Mowing can be carried out throughout the season with the first mowing cycle at the bud stage. Mowing should stop during late August, followed by a herbicide treatment during late September through October, before a hard freeze. c. Option #3, Cultural and Chemical Control: An herbicide application, using short residual herbicides such as glyphosate and/or 2,4-D, can be made, followed-up by reseeding with a competitive grass such as smooth brome or other sod-forming species from those listed in Section 15-1-60,6.1 of this Chapter. In addition, fertilization or irrigation could be instituted to stimulate and increased grass growth. d. Option #4, Chemical Control Only: Herbicide applications can be made to Canada thistle from rosette to the bud stage, and/or in the fall, depending upon the herbicide used. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 12 2. Road rights-of-way and other non-crop areas. a. Option #1, Mechanical and Chemical: One (1) mowing cycle can be carried out at the bud to early flower stage. An herbicide application can be made from rosette to bud stage and/or in the fall, depending upon the herbicide used. b. Option #2, Cultural and Chemical Control: An herbicide application can be made in early summer when Canada thistle is in the rosette through bud stage. Reseeding with competitive perennial grasses such as smooth brome and crested wheatgrass from those listed in Section 15-1- 60.B.1 of this Chapter can-be followed later in the summer, depending upon the herbicide used and rate of application. c. Option #3, Chemical Control Only: Herbicide applications can be made from rosette to bud stage and/or in the fall, depending upon the herbicide used. 3. Cropland sites. Canada thistle is found in almost every crop grown in the County. Prescription weed management measures developed by Colorado State University weed scientists and the County Extension Agronomist will be used. Sec. 15-1-100. Management of musk thistle. A. Musk thistle is a biennial plant that reproduces only by seed. Rosettes (clump of leaves on the ground) are formed during the first year of growth, and the plant bolts and sets seed the second year. It is a prolific seed producer, with a single plant producing up to twenty thousand (20,000) seeds. Musk thistle is found primarily in pastures and riparian sites (along waterways such as the South Platte, St. Vrain, Big Thompson and Little Thompson drainages rivers and Boulder Creek) and along irrigation ditches, roadside rights-of-way and other noncrop areas. B. Control measures. 1. Cultural control: Maintaining pastures and riparian sites in good condition is the primary method of culturally managing musk thistle. Promoting good grass growth by proper grazing management and fertilizing according to soil testing recommendations will prevent establishment of musk thistle. 2. Mechanical control: Musk thistle can be effectively controlled mechanically. Severing the roots below ground with a shovel or hoe or mowing musk thistle every time it reaches early flower bud stage will reduce, if not eliminate, seed production. If mowing occurs mid-to late during flower stage, the thistle should be gathered and burned to destroy any seed that has developed. 3. Biological control: a. Two (2) species of weevils, Rhinocyllus conicus (seed head weevil) and Trichosirocalus horridus, attack two (2) different sites of musk thistle. The seed head weevil, as its name implies, attacks the seeds of musk thistle. Eggs are laid by the female on the back of developing flowers and then the larvae bore into the flower, destroying the developing seed. The seed head weevil can reduce seed production by as much as fifty percent (50%). Use of this weevil as the sole means of controlling musk thistle is not very effective. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 13 b. Trichosirocalus horridus attacks the crown area of musk thistle rosettes, killing or weakening the plant before it bolts. Use of both weevil species together may prove to be an effective biological control program. 4. Chemical control: There are a number of herbicides labeled for use on musk thistle, depending upon where the thistle is found. The herbicides that can be used independently or in combination with other compounds are: picloram (Tordon®); dicamba (BanvelClarity®); 2,4-D (many different formulations); chlorsulfuron (Telar®); clopyralid and 2,4-D!(Curtail R, clopyralid and triclopyr (Redeem R&P®); glyphosate (Roundup®, Rodeo®); metsulfuron (Escort®); and any other EPA-approved chemical labeled for use on musk thistle. C. Integrated management options by site. 1. Pasture and riparian sites: a. Option #1, Biological and Chemical: Release of Trichosirocalus horridus can be made at the appropriate time of the summer. Rhinocyllus conicus is well established in the County and should already be infesting the stand. An herbicide application can then be made to musk thistle at the flower stage. Telar or Escort should be used when treating musk thistle in the flower stage. Herbicide applications should only be carried out in the flower stage in order to allow the seed head weevil to complete its life cycle. Use of herbicides to rosettes in the spring or fall should not be carried out where Trichosirocalus horridus was released. Use of herbicides at different times of the growing season can be instituted as additional IPM research is conducted and recommendations are developed. b. Option #2, Mechanical and Chemical Control: Mowing can be carried out throughout the summer when musk thistle is in the bud to early flower stage. An herbicide application can than then be made in October to the fall rosettes and any bolted plants. c. Option #3, Mechanical Control Only: Multiple mowings (two [2] to four [4]) can be carried out throughout the summer when musk thistle is in the bud stage, keeping it from producing seed. If mowing occurs mid-to-late flower stage, the thistle should be gathered and burned to destroy any seed that has developed. d. Option #4, Chemical Control Only: Herbicides can be used in the spring and fall when the plant is in the rosette stage. Only the herbicides labeled for the site intended will be used. 2. Road rights-of-way and other non-crop areas: a. Option #1, Biological and Chemical Control: Same as for Option #1 in pasture and riparian site3. b. Option #2, Mechanical and Chemical Control: One (1) mowing pass can be made when musk thistle is in the bud stage. An herbicide application can be made in the fall to the rosettes and re-bolted plants. eb. Option #32, Chemical Control Only: Herbicides can be used in the spring and the fall when the plant is in the rosette stage. Only the herbicides labeled for the site intended will be used. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 14 Sec. 15-1-110. Management of Scotch thistle. A. Scotch thistle is a biennial plant that reproduces only by seed. Rosettes are formed during the first year of growth and the plants bolt and set seeds the second year. The leaves are densely covered with hair, giving the plant a grayish-green color. Scotch thistle is primarily found in pastures and riparian sites (South Platte River and Saint Vrain Riversdrainagc) and along roadside rights-of-way and other noncrop areas in southern Weld County. B. Control measures: 1. Cultural control: Maintaining pastures and riparian sites in good condition is the primary method of culturally managing Scotch thistle. Promoting good grass growth by proper grazing management and fertilizing according to soil testing recommendations will help prevent establishment of Scotch thistle. 2. Mechanical control: Scotch thistle can be efficiently controlled mechanically. Severing the roots below ground with a shovel or hoe or mowing Scotch thistle every time it reaches bud to early flower stage will reduce, if not eliminate, seed production. If mowing occurs mid-to late during flower stage, the thistle should be gathered and burned to destroy any seed that has developed. 3. Biological control: No biological control agents are available for Scotch thistle. One (1)weevil species, Rhinocyllus conicus, will move from musk thistle to Scotch thistle; however, effective control of Scotch thistle has not been demonstrated. 4. Chemical control: There are a number of herbicides labeled for use on Scotch thistle, depending upon where the thistle is found. The herbicides that can be used independently or in combination with other compounds are: picloram (Tordon®); dicamba (Danvc}Clarity®), 2,4-D (many different formulations); chlorsulfuron (Telar®); metsulfuron (Escort®); clopyralid and 2,4-D (Curtail®); Stinger® Transline®clopyralid and triclopyr(Redeem R&P®);-ant1 glyphosate (Roundup®, Rodeo®); and any other EPA-approved chemical labeled for use on Scotch thistle. C. Integrated management options by site. 1. Pastures and riparian sites: a. Option #1, Mechanical and Chemical Control: Multiple mowings (two [2] to four [4]) can be carried out throughout the summer when Scotch thistle is in the bud stage, keeping it from producing seed. An herbicide application can than then be made in October to the fall rosettes and any bolted plants. b. Option #2, Mechanical Control Only: Multiple mowings (two [2] to four [4]) can be carried out throughout the summer when Scotch thistle is in the bud stage, keeping it from producing seed. If mowing occurs mid to- late during flower stage, the thistle should be gathered and burned to destroy any seed that has developed. c. Option #3, Chemical Control Only: Herbicides can be used in the spring and fall when the plant is in the rosette stage. Only the herbicides labeled for the site intended will be used. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 15 2. Road rights-of-way and other non-crop areas: a. Option #1, Mechanical and Chemical Control: One (1) mowing pass can be made when Scotch thistle is in the bud stage. An herbicide application can be made to rebolted plants in the bud stage and/or to fall regrowth. b. Option #2, Chemical Control: Herbicides can be used in the spring and the fall when the plant is in the rosette stage. Only the herbicides labeled for the site intended will be used. Sec. 15-1-120. Management of field bindweed. A. Field bindweed is a deep-rooted creeping perennial plant that reproduces by seed and horizontal roots. Bindweed seed can survive in soil up to forty (40) years; therefore, it is important that bindweed be kept from going to seed. Field bindweed is found throughout the County in most habitat types, including rangeland, pastures, along roadside rights-of-way and in various crop and non-cropland sites. B. Control measures. 1. Cultural control: Seeding perennial grasses can be an effective management tool in providing plant competition against bindweed. Selecting the proper native grass and/or improved cultivar grass seed mix for a site specific location is important. For site specific reseeding recommendations, the Natural Resource Conservation Service and the CSU Extension Office can be contacted. 2. Mechanical control: Mechanical control of field bindwccd can only realistieally be carried out in cultivated cropland by discing and cultivating every three (3) weeks. This would keep field bindweed from producing seed and would start to reduce root reserves. Mowing is not effective due to the creeping nature of bindweed. Discing in range, pasture or roadside is not environmentally sound. 3. Biological control: There are currently no biological control agents on field bindweed that are cleared for release in the United States; however, research is in process. Grazing with livestock (cattle or sheep), with proper stocking rates, can be an effective means of keeping bindweed from going to seed in range and pasture sites. 4. Chemical control: There are a number of herbicides labeled for use on field bindweed, depending upon where the bindweed is found. The herbicides that can be used independently or in combination with other compounds are: picloram (Tordon®); dicamba (BanvelClarity®); 2,4-D (many different formulations); glyphosate (Roundup®, Rodeo®); quinclorac (Paramount®); and any other EPA-approved chemicals labeled for use on field bindweed. C. Integrated management options by site. 1. Range and pastureland: a. Option #1, Cultural and Chemical Control: An herbicide application using short residual herbicides such as glyphosate and/or 2,4-D can be made, followed by reseeding in the fall with a competitive sod-forming grass mix. In addition, fertilization according to soil tests or irrigation could be instituted to stimulate increased grass growth. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 16 b. Option #2, Biological Control only: Grazing with cattle and sheep throughout the summer and fall will keep field bindweed from going to seed and may reduce the underground root reserve. c. Option #3, Biological and Chemical Control: Grazing with cattle or sheep from May through early September, followed by an herbicide treatment in late September or early October. d. Option #4, Chemical Control Only: Herbicides can be used during the flower stage, typically in June and July, and in the fall prior to just,before a hard freeze. Only the herbicides labeled for the site intended will be used. 2. Road rights-of-way and other non-crop areas: a. Option #1, Cultural and Chemical Control: An herbicide application using short residual herbicides, such as glyphosate and/or 2,4-D, can be made, followed by reseeding in the fall with a competitive sod-forming grass mix. b. Option #2, Chemical Control Only: Herbicides can be used during the flower stage, typically in June and July, and in the fall just before a hard freeze. Only the herbicides labeled for roadsides and other non-cropland areas will be used. 3. Cropland sites: Field bindweed is found in almost every crop grown in the County. Prescription weed management measures developed by Colorado State University weed scientists and the County Extension Agronomist can be used. Sec. 15-1-125. Management of Dalmatian Toadflax. A. Dalmatian Toadflax is a deep-rooted perennial that reproduces by seed and creeping roots. It has waxy,heart-shaped leaves that clasp the stem. The flowers are snapdragon-shaped, bright yellow and have an orange center Dalmatian Toadflax is found from 5,000-8,000 feet in drY rangeland sites, roadsides, fence lines, farmland and pastures. it is found in northwest Weld County along rights-of-way and in range and pasture sites. 1 Control Measures a. Cultural Control: Maintaining,healthy sod-forming range and pastures and planting sod-forming perennial grasses such as Luna pubescent wheatgrass, streambank wheatgrass, Bozoisky Russian wild rye and western wheatgrass have been shown to be effective in reducing the spread of Dalmatian Toadflax. Seeding alone in infested sites will not, however, control the existing stand. b. Mechanical Control: Mechanical control of Dalmatian Toadflax can be carried out throughout the summer with,repeated mowing every 14-21 days. This would at least keep dalmatian toadflax from going to seed. Whether this control technique will reduce the root mass and subsequently reduce an existing stand is uncertain. c. Biological Control* Grazing with livestock (sheep or goats), with proper stocking rates, can be an effective means of keeping dalmatian toadflax from going to seed in range and pasture sites. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 17 Six species of insects feed on dalmatian toadflax and have been released in the United States and Canada. They are: a defoliating moth (Caliphasia lunula), an ovary feeding beetle • (Brachypteralis pulicarius), two seed capsule feeding weevils (Gym naetron antirhinrti and G. netum),.a stem boring. weevil (Mecinus janthinus), and a root boring moth (Eteoba/e informed. ii The Colorado Insectary s currently rearing Caliphasia lunula and it may be available for release on Dalmatian Toadflax. The, use olf multiple blo-control species to effectively manage Dalmatian Toadflax has yet to be demonstrated. d. Chemical 'Control: There are only a few herbicides labeled for use on Dalmatian'Toadfiax that are effective in controlling it The herbicides that can be used independently or in combination with other herbicides are: picloram(Tordon®) dicamba;(ClarityC�);2,4 D(manydifferentformulations) and glyphosate (Roundup®, Rodeo®). C. Integrated Management Options by Site 1. Range and Pasture Sites: a. Option#1 Cultural and Chemical Control:A herbicide application using short residual herbicides such as giyphosateand/or 2,4-De can be made followed by reseeding in fall with a competetive sod forming mix of grass as listed above (1.a. Cultural Control), In addition, fertilization according to soil tests or irrigation could beI instituted to. stimulate increased grass growth. b. Option #2 Biological and Chemical Control: Grazing with sheen or goats from May throughout early September can be carried out, followed by a herbicide treatment'in October. c. Option #31Mechanical and Chemical Control: Mowing can be carried out throughout the summer when Dalmatian Toadflax is in the bud stage. A herbicide application can be made in October to any bolted plants. 2. Road Rights-of-Way and Other Non-crop Areas a. fption#1 'Mechanical and Chemical Control: One mowing cycle can be carried out at the bud stage.A herbicide application should be made at the flower stage or to any plants that have rebolted i in the fall. b. Option #2 Chemical Control Only: Herbicides can be used in the spring or early summer during the flower stage, and in the fall just before a hard freeze. Only the herbicides labeled for use on roadsides and other non- croptand areas will be used. Sec. 15-1-130. Prevention measures. A. Preventive control means using measures which will stop or forestall weeds from contaminating an area. Establishing preventive measures are often the most practical and cost-effective means of weed control. B. The preventive measures which seem most practical for the County are as follows: 1. E3tablishingUse of weed-free seed and mulch requirements for reclamation of disturbed sites; 2. Promoteing the Colorado Weed Free Hay and Forage program; 3. Prioritizeing weed management areas along routes of dispersal; and 4. Identifying noxious weed species infesting counties bordering Weld County. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 18 C. Weed-free seed and mulch standards. 1. Where the ground is disturbed by activities, such as road preparation for road resurfacing, sand and gravel lot operations and, oil and gas well operations, and laying underground utility lines, weeds will be the first plants to colonize or revegetate the site. It is important that these sites be reclaimed so that noxious weeds do not become established. 2. The County plans to establish standards within two(2)to four(4)years for using will use Tweed-free seed and mulch on all County operations concerned with the reclamation of disturbed sites, such as on roadside resurfacing projects and sand and gravel lot operations. Additional regulations may be considered for similar private operations being carried out on private public!land. D. Weed-free hay and forage program. 1. Standards have been developed that enable growers to have their hay and forage certified as noxious weed-free. These standards will encourage growers to produce noxious weed-free hay and forage so that it can be shipped and used anywhere in the U.S. (particularly where noxious weed-free standards currently exist). 2. The County Vegetation Management Specialist will promote the Colorado Weed Free Forage Standards through the use of seminars, radio spots and newspaper articles. E. Prioritizing weed mManagement areas along routes of dispersal. 1. Weeds are spread rapidly through the dispersal of weed seeds in air and water. Consequently, high weed seed dispersal areas are associated with rights-of-way, such as along all roads and railroads and along waterways, i.e., along the Poudre, South Platte, St. Vrain and Little Thompson Rivers and irrigation canals. 2. The Department of Public Works will carry out a noxious weed control program on all County roads from May through SeptemberOctober. The noxious weeds targeted for control include: Canada, musk, and Scotch and bull thistle; leafy spurge; Russian,diffuse and spotted knapweed;field bindweed;whitetop; and wild proso milletand dalmatian toadflax. In addition, contact will continue to be made with the Department of Transportation, all irrigation and ditch companies in the County, the Union Pacific, Burlington Northern and Great Western Railroad companies,and the oil and gas companies operating within the County. Information regarding the Weld County Undesirable Plant Noxious Weed'Management-Aet Plan will be distributed and their cooperation will be encouraged. Assistance in helping them develop their integrated weed management programs will be offered. In working with landowners on private property, all lands bordering the rivers in the County will be considered high priority areas. Landowner compliance with the Undesirable Plant Noxious Weed [Management_Aet Plan will be cncouragcdrequired. F. Identifying nNoxious weeds in bordering counties that do not occur in the County. Contact will continue to be made with the weed control departments in the bordering counties to identify the noxious weed species which occur in each county that would threaten the County. Plans have been developed to monitor the borders of the County, as necessary. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 19 Sec. 15-1-140. Educational programs. Education of the public is one (1) of the most important components of a weed management program. Emphasis will be placed on continuing a multifaceted educational program. The following programs have been instituted in the past and will continue to be conducted every year: A. Timely newspaper articles concerned with weed identification and management. B. Timely radio broadcasts following the information in the newspaper articles. C. Conducting ILandowner weed management seminars and calibration workshops. D. Having an cEducational booths at the Colorado Farm Show and other appropriate venues. E. Utilizing Distribute brochures and CSU Service in Action brochures to hand out fact sheets to individual landowners. Sec. 15-1-150. Mapping. A. Establishing aAn accurate baseline map of the existing noxious weed infestations in the on County rights-of-way is extremely important for the ongoing evaluation of the effectiveness of the County wWeed mManagement ',Program. Therefore, a computerized mapping program will be has been established that will map and will be updated annually for the noxious weeds establi3hcd in the on County,rights-of-way. G. County road3ides will be mapped using a computer and printcr/dataloggcr on the spray equipment. Private and state land will be mapped by Department of Public Works personnel taking aerial maps from the County Assessor's office into the field and mapping on site. Through the use of the Auto CADD computer mapping program,the noxious weed infestations will be mapped. All mapping information will be stored in the County IBM eomputer systems and can be retrieved for future evaluation. Sec. 15-1-160. Establishing cCooperative intergovernmental agreements. A. Contact will be made with the following agencies concerning compliance with the Colorado Unde3irable Plant Noxious Weed Management Act: 1. Colorado Department of Transportation. 2. Colorado State Department of Parks and Recreation. 3. Colorado Division of Wildlife. 4. Colorado State Land Board. 5. U.S. Forest Service. 6. Other government entities. B. Assistance will be offered in helping each agency develop integrated weed management plans for their lands. Actual assistance in carrying out the weed control programs on their properties will also be offered. Cooperative intergovernmental agreements can be established if the County is asked to assist in implementing the weed control measures. Sec. 15-1-170. Adopt-a-Roadside program. A. An "Adopt-a-Roadside" program will be established which will give landowners the ability to take the responsibility to manage the noxious weeds on the County rights-of-way that border their property. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 20 B. Landowners who are chemically sensitive or for some reason do not want chemicals sprayed or mowing activities carried out along their property may take the responsibility for managing the noxious weeds on the roadside rights-of-way. Landowner agreements with specific requirements for compliance will be established. Sec. 15-1-180. Enforcement on private and public property. A. Cooperation from all landowners (private and state) will be encouraged through positive communication by mail and through personal contact. When weed control measures are not carried out by a landowner, enforcement measures may have to be instituted. All procedures as established by this Chapter, the Undesirable Plant Managcment Law Colorado Noxious Weed Act, Section 35-5.5-109;1,; et seq., ',C.R.S., the Pest Control Districts Law, Section 35-5-108, C.R.S.Weld County Code, and any and all federal, state and local regulations will be followed, prior to any enforcement activities being carried out on private or public property. Integrated weed management plans will be requested from certain landowners, as determined by the County Vegetation Management Specialist and the Undesirable Plant Management Weld County Noxious Weed Management Advisory Board. B. Work priorities must be established due to the size of the County and the number of landowners with existing noxious weed problems. The following list prioritizes where enforcement activities will be carried out in ranking order of importance: 1. Lands bordering all waterways (rivers and irrigation ditches). 2. Complaint properties. 3. Landowners identified as negligent in the past. 4. Landowners with twenty percent (20%) or more of their property infested with noxious weeds. Sec. 15-1-190. Evaluation of program. A. The goals and the plan of work established in Sections 15-1-30 through 15-1-180 of this Article will be reviewed and evaluated at the end of every year. A written evaluation will be prepared establishing additions or changes in the plan of work for the following year. Any additions or changes must be recommended by the Undesirable Plant Management Noxious Weed Management Advisory Board and approved by the Board of County Commissioners. B. The County Undesirable Plant Noxious Weed Management Plan shall be reviewed and amended, as needed, at least every three (3) years (Section 35-5.5-107(4)(a), C.R.S.). ARTICLE II Enforcement of Plan Sec. 15-2-10. Authorized agent for enforcement. Pursuant to Section 35-5.5-105(2), C.R.S., the County Vegetation Management Specialist, his or her employees and agents, are hereby authorized to enforce the above-stated Undesirable Plant Noxious Weed Management Plan in the unincorporated areas of the County, by utilizing those procedures set forth in Sections 35-5-108, 35-5-109, 35-5.5-109, and 35-5.5-108, C.R.S., and any other applicable state and federal statutes, rules, regulations and ordinances, including 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 21 the remaining provisions of this Chapter. Sec. 15-2-20. Right of entry. Prior to entering private lands for the purpose of enforcing the County Undesirable rlant Noxious Weed Management Plan as set forth herein, the County Vegetation Management Specialist 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 Undesirable Plants Noxious Weeds 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. 15-2-30. Mailing of assessments. All assessments for the whole cost of any enforcement work performed by the County Vegetation Management Specialist upon private lands, including up to fifteen percent (15%) twenty percent(20%)for inspection and other incidental costs in connection therewith, shall be mailed to the landowner or occupant by certified mail. Failure to receive said assessment shall not act as a defense to said assessment. Sec. 15-2-40. 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 County Vegetation Management Specialist 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 Sections 35-5-108 and 35-5.5-109(5)(a), C.R.S. Sec. 15-2-50. Liability. This Chapter shall not be intended to create a civil cause of action against the Board of County Commissioners, 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. 2001-0712 ORD2001-2 RE: ORDINANCE NO. 2001-2 PAGE 22 The above and foregoing Ordinance Number 2001-2 was, on motion duly made and seconded, adopted by the following vote on the 30th day of April, A. D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: M. J. Geile, Chair Weld County Clerk to the Board Glenn Vaad, Pro-Tem BY: Deputy Clerk to the Board William H. Jerke APPROVED AS TO FORM: David E. Long County Attorney Robert D. Masden Publication: February 28, 2001 First Reading: March 14, 2001 Publication: March 21, 2001 Second Reading: April 9, 2001 Publication: April 18, 2001 Final Reading: April 30, 2001 Publication: May 9, 2001 Effective: May 14, 2001 2001-0712 ORD2001-2 Hello