reglab/housing_qa huggingface dataset:
MT Code § 7-22-2109 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2109. Powers and duties of board

  7-22-2109. Powers and duties of board. (1) In addition to any powers or duties established in the resolution creating a district weed board, the board may:   (a) supervise a coordinator and other employees and provide for their compensation;   (b) purchase herbicide, materials, and equipment and pay other operational costs necessary for implementing an effective noxious weed management program. The costs must be paid from the noxious weed fund.   (c) determine what herbicide, materials, or equipment may be made available to persons controlling weeds on their own land. The cost for the herbicide, materials, or equipment must be paid by the person and collected as provided in this part.   (d) enter into agreements with the department for the control and eradication of any new exotic plant species not previously established in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial use if the plant species spreads or threatens to spread into the state;   (e) enter into cost-share agreements for noxious weed management;   (f) enter into agreements with commercial applicators, as defined in 80-8-102, for the control of noxious weeds;   (g) request legal advice and services from the county attorney; and   (h) perform other activities relating to weed management.   (2) The board shall:   (a) administer the district's noxious weed management program;   (b) establish management criteria for noxious weeds on all land within the district; and   (c) make all reasonable efforts to develop and implement a noxious weed management program covering all land within the district owned or administered by a federal agency.   History: En. Sec. 6, Ch. 607, L. 1985; amd. Sec. 18, Ch. 543, L. 1995; amd. Sec. 1, Ch. 203, L. 2001; amd. Sec. 5, Ch. 407, L. 2001; amd. Sec. 3, Ch. 244, L. 2011; amd. Sec. 2, Ch. 92, L. 2019.
MT Code § 7-22-2110 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2110. Repealed

  7-22-2110. Repealed. Sec. 3, Ch. 407, L. 2009.   History: En. Sec. 15, Ch. 607, L. 1985; amd. Sec. 6, Ch. 407, L. 2001.
MT Code § 7-22-2111 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2111. Liability restrictions

  7-22-2111. Liability restrictions. A district is liable for damages caused by its use of herbicides only for an act or omission that constitutes gross negligence. The provisions of 2-9-305 apply to board members, coordinators, and employees of a district.   History: En. Sec. 1, Ch. 516, L. 1987; amd. Sec. 7, Ch. 407, L. 2001.
MT Code § 7-22-2112 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2112. Information on herbicide use

  7-22-2112. Information on herbicide use. The district must provide information on protective clothing, health hazards, and proper application techniques to mixers, loaders, and applicators of herbicides and make the information available for review by the public at the district office.   History: En. Sec. 2, Ch. 516, L. 1987.
MT Code § 7-22-2113 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2113. Minutes

  7-22-2113. Minutes. The board administering and operating the district shall submit the minutes of its proceedings for electronic storage as provided in 7-1-204.   History: En. Sec. 20, Ch. 262, L. 2015.
MT Code § 7-22-2114 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2114. reserved

  7-22-2114 reserved.
MT Code § 7-22-2115 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2115. Noxious weeds and seeds declared nuisance

  7-22-2115. Noxious weeds and seeds declared nuisance. Noxious weeds and the seed of any noxious weed are hereby declared a common nuisance.   History: Ap. p. Sec. 1, Ch. 195, L. 1939; Sec. 16-1702, R.C.M. 1947; Ap. p. Sec. 1, Ch. 195, L. 1939; amd. Sec. 1, Ch. 360, L. 1974; Sec. 16-1701, R.C.M. 1947; R.C.M. 1947, 16-1701(part), 16-1702(part); Sec. 7-22-2106, MCA 1983; redes. 7-22-2115 by Code Commissioner, 1985.
MT Code § 7-22-2116 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2116. Unlawful to permit noxious weeds to propagate -- notice required in sale

  7-22-2116. Unlawful to permit noxious weeds to propagate -- notice required in sale. (1) It is unlawful for any person to permit any noxious weed to propagate or go to seed on the person's land, except that any person who adheres to the noxious weed management program of the person's weed management district or who has entered into and is in compliance with a noxious weed management agreement is considered to be in compliance with this section.   (2) When property is offered for sale, the person who owns the property shall notify the owner's agent and the purchaser of:   (a) the existence of noxious weed infestations on the property offered for sale; and   (b) the existence of a noxious weed management program or a noxious weed management agreement as provided in subsection (1).   History: En. Sec. 2, Ch. 195, L. 1939; amd. Sec. 1, Ch. 11, L. 1961; R.C.M. 1947, 16-1706; amd. Sec. 7, Ch. 607, L. 1985; Sec. 7-22-2107, MCA 1983; redes. 7-22-2116 by Code Commissioner, 1985; amd. Sec. 8, Ch. 407, L. 2001; amd. Sec. 1, Ch. 313, L. 2007; amd. Sec. 4, Ch. 244, L. 2011.
MT Code § 7-22-2117 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2117. Violations

  7-22-2117. Violations. (1) Any person who interferes with the board or its authorized agent in carrying out the provisions of this part or who refuses to obey an order or notice of the board is liable for a civil penalty in the amount of the actual cost to the board or the estimated cost of removing the noxious weeds from the impacted property in addition to any penalty imposed under 7-22-2134.   (2) All fines, bonds, and penalties collected under the provisions of this part must be paid to the county treasurer of each county and placed by the county treasurer into a fund to be known as the noxious weed fund.   History: En. Sec. 18, Ch. 195, L. 1939; R.C.M. 1947, 16-1722; amd. Sec. 16, Ch. 249, L. 1979; amd. Sec. 8, Ch. 607, L. 1985; Sec. 7-22-2108, MCA 1983; redes. 7-22-2117 by Code Commissioner, 1985; amd. Sec. 4, Ch. 557, L. 1987; amd. Sec. 9, Ch. 407, L. 2001; amd. Sec. 6, Ch. 301, L. 2013.
MT Code § 7-22-2118 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2118. and 7-22-2119 reserved

  7-22-2118 and 7-22-2119 reserved.
MT Code § 7-22-2120 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2120. Funding -- reporting requirements -- emergency exemption

  7-22-2120. Funding -- reporting requirements -- emergency exemption. (1) (a) Before a district applies to the state for state or federal funding, the district shall provide the department with a weed management plan, as provided in 7-22-2121, and with a copy of the resolution creating the board.   (b) After the initial submission of the weed management plan, the district's weed management plan must be updated and submitted to the department every 2 years.   (c) The department may adopt rules and procedures necessary to implement this section. The rules may not impair the ability of the district to meet its responsibilities.   (2) The department may exempt a district from the requirements of subsection (1) if a noxious weed emergency is declared by the governor as provided in 80-7-815.   History: En. Sec. 1, Ch. 407, L. 2001; amd. Sec. 5, Ch. 244, L. 2011.
MT Code § 7-22-2121 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2121. Weed management program

  7-22-2121. Weed management program. (1) The noxious weed management program must be based on a plan approved by the board and the commissioners.   (2) The noxious weed management plan must:   (a) specify the goals and priorities of the program;   (b) review the distribution and abundance of each noxious weed species known to occur within the district and specify the locations of new infestations and areas particularly susceptible to new infestations;   (c) specify herbicide management goals and procedures, including but not limited to water quality protection, public and worker safety, equipment selection and maintenance, and herbicide selection, application, mixing, loading, storage, and disposal; and   (d) estimate the personnel, operations, and equipment costs of the proposed program;   (e) develop a compliance plan or strategy; and   (f) incorporate cooperative agreements established pursuant to 7-22-2151.   (3) The board shall provide for the management of noxious weeds on all land or rights-of-way owned or controlled by a county or municipality within the district. It shall take particular precautions while managing the noxious weeds to preserve beneficial vegetation and wildlife habitat. When possible, management must include cultural, herbicidal, and biological methods.   (4) The board may establish special management zones within the district. The management criteria in those zones may be more or less stringent than the general management criteria for the district.   History: En. Sec. 15, Ch. 195, L. 1939; amd. Sec. 5, Ch. 90, L. 1941; amd. Sec. 6, Ch. 228, L. 1947; amd. Sec. 1, Ch. 68, L. 1973; amd. Sec. 4, Ch. 360, L. 1974; R.C.M. 1947, 16-1719(part); amd. Sec. 9, Ch. 607, L. 1985; amd. Sec. 2, Ch. 530, L. 1991; amd. Sec. 6, Ch. 244, L. 2011; amd. Sec. 3, Ch. 92, L. 2019.
MT Code § 7-22-2122 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2122. Repealed

  7-22-2122. Repealed. Sec. 32, Ch. 607, L. 1985.   History: En. Sec. 9, Ch. 195, L. 1939; amd. Sec. 1, Ch. 90, L. 1941; amd. Sec. 2, Ch. 228, L. 1947; amd. Sec. 1, Ch. 51, L. 1961; amd. Sec. 1, Ch. 64, L. 1965; amd. Sec. 2, Ch. 185, L. 1969; amd. Sec. 3, Ch. 360, L. 1974; R.C.M. 1947, 16-1713(part).
MT Code § 7-22-2123 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2123. Repealed

  7-22-2123. Repealed. Sec. 10, Ch. 301, L. 2013.   History: (1)En. Sec. 9, Ch. 195, L. 1939; amd. Sec. 1, Ch. 90, L. 1941; amd. Sec. 2, Ch. 228, L. 1947; amd. Sec. 1, Ch. 51, L. 1961; amd. Sec. 1, Ch. 64, L. 1965; amd. Sec. 2, Ch. 185, L. 1969; amd. Sec. 3, Ch. 360, L. 1974; Sec. 16-1713, R.C.M. 1947; (2)En. Sec. 10, Ch. 195, L. 1939; amd. Sec. 2, Ch. 90, L. 1941; Sec. 16-1714, R.C.M. 1947; R.C.M. 1947, 16-1713(part), 16-1714; amd. Sec. 13, Ch. 607, L. 1985; amd. Sec. 1, Ch. 141, L. 1987; amd. Sec. 10, Ch. 407, L. 2001; amd. Sec. 1, Ch. 407, L. 2009; amd. Sec. 1, Ch. 320, L. 2011.
MT Code § 7-22-2124 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2124. Repealed

  7-22-2124. Repealed. Sec. 10, Ch. 301, L. 2013.   History: En. Sec. 11, Ch. 195, L. 1939; amd. Sec. 3, Ch. 90, L. 1941; amd. Sec. 3, Ch. 228, L. 1947; R.C.M. 1947, 16-1715(part); amd. Sec. 14, Ch. 607, L. 1985; amd. Sec. 2, Ch. 141, L. 1987; amd. Sec. 11, Ch. 407, L. 2001; amd. Sec. 2, Ch. 407, L. 2009; amd. Sec. 2, Ch. 320, L. 2011.
MT Code § 7-22-2125 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2125. Repealed

  7-22-2125. Repealed. Sec. 32, Ch. 607, L. 1985.   History: En. Sec. 12, Ch. 195, L. 1939; amd. Sec. 4, Ch. 228, L. 1947; R.C.M. 1947, 16-1716.
MT Code § 7-22-2126 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2126. Embargo

  7-22-2126. Embargo. (1) The board may establish embargo programs to reduce the spread of noxious weeds within the district or the introduction of noxious weeds into the district.   (2) The board shall establish a special embargo program for the movement of forage, as defined in 80-7-903, into or out of the county. The board may implement an embargo upon confirmation of a violation, based upon complaint investigations, requests for investigation by the department, or through county investigations, if the forage has not been certified by the state and is being sold as noxious weed seed free, as defined in 80-7-903.   (3) A person in possession of the forage that is not in compliance with Title 80, chapter 7, part 9, may not transport or dispose of the forage as noxious weed seed free that is subject to embargo until written permission is obtained from the board. If the forage that is subject to embargo meets the requirements of the state certification program and the department verifies compliance with the program, the board shall release the embargo. The forage may also be released if the board:   (a) verifies the guaranteed delivery back to the original producer, as defined in 80-7-903;   (b) approves burning or disposal of the forage; or   (c) approves other alternatives.   (4) The board shall report all embargoes issued and the final resolution of an embargo imposed pursuant to a violation of Title 80, chapter 7, part 9, to the department within 48 hours.   (5) The person in possession of forage subject to embargo shall comply with the conditions approved by the board within 30 days. If resolution is not accomplished, the board may condemn the forage and implement through its employees the conditions in this section. If the board proceeds with correction of these conditions after 30 days, all actual expenses incurred and documented by the board are payable by the producer unless the person in possession of the forage also has an interest in the forage.   History: En. Sec. 3, Ch. 195, L. 1939; R.C.M. 1947, 16-1707; amd. Sec. 16, Ch. 607, L. 1985; amd. Sec. 17, Ch. 521, L. 1995; amd. Sec. 2, Ch. 313, L. 2007; amd. Sec. 7, Ch. 244, L. 2011.
MT Code § 7-22-2127 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2127. Repealed

  7-22-2127. Repealed. Sec. 32, Ch. 607, L. 1985.   History: En. Sec. 14, Ch. 195, L. 1939; amd. Sec. 5, Ch. 228, L. 1947; R.C.M. 1947, 16-1718.
MT Code § 7-22-2128 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2128. and 7-22-2129 reserved

  7-22-2128 and 7-22-2129 reserved.
MT Code § 7-22-2130 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2130. Weed district coordinator training

  7-22-2130. Weed district coordinator training. Within the limitations of available funds, the board shall ensure that the weed district coordinator obtains training to properly implement the noxious weed management program described in 7-22-2121. The department shall specify through rulemaking the level and type of training necessary to fulfill this requirement.   History: En. Sec. 1, Ch. 530, L. 1991; amd. Sec. 12, Ch. 407, L. 2001.
MT Code § 7-22-2132 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2132. Procedures for compliance

  7-22-2132. Procedures for compliance. (1) A landowner is in compliance with this part if the landowner submits and the board accepts a written weed management proposal to undertake specific control measures, and the landowner remains in compliance if the terms of the proposal are met. The proposal must require that the landowner or the landowner's representative notify the board as measures in the proposal are taken.   (2) In accepting or rejecting a weed management proposal, the board shall consider the economic impact on the landowner and neighboring landowners, practical biological and environmental limitations, and alternative control methods to be used.   History: En. Sec. 2, Ch. 301, L. 2013.
MT Code § 7-22-2133 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2133. Noncompliance -- actions for landowners

  7-22-2133. Noncompliance -- actions for landowners. (1) If the board is unable to obtain the landowner's voluntary compliance with the weed management program within 10 days of the landowner's receipt of the notification, the landowner is considered to be in noncompliance and is subject to appropriate control measures pursuant to 7-22-2134.   (2) (a) Within 10 days after receiving notice to comply with the weed management program, the landowner may request a hearing before the commissioners if the landowner disagrees with the weed control measures proposed by the board.   (b) If the landowner's objection to the board's action remains after the hearing, the landowner has 10 days to appeal the commissioners' decision to the district court with jurisdiction in the county in which the property is located.   (3) If the landowner has requested a hearing pursuant to subsection (2)(a) or has appealed a hearing decision pursuant to subsection (2)(b), the board may not take any action to control the noxious weeds until after the hearing and authorization is provided from the commissioners or the court.   History: En. Sec. 3, Ch. 301, L. 2013.
MT Code § 7-22-2134 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2134. Noncompliance -- actions by board

  7-22-2134. Noncompliance -- actions by board. (1) The board may seek a court order to enter upon the infested parcels of the landowner's property if attempts to achieve voluntary compliance have been exhausted. The board may institute appropriate noxious weed control measures, including but not limited to:   (a) allowing the local weed district coordinator to implement the appropriate noxious weed control measures if the actions taken are valued at the current rate paid for commercial management operations in the district and are reflected in the bill sent to the landowner and the clerk and recorder; or   (b) contracting with a commercial applicator as defined in 80-8-102 if the issues of compliance are not resolved under an agreement proposed and accepted pursuant to 7-22-2132 and:   (i) the landowner does not take corrective action within the 10-day period provided for in 7-22-2133; or   (ii) the board does not receive a formal objection or the board of county commissioners does not receive a request for a hearing.   (2) A commercial applicator hired under this section shall carry all insurance required by the board.   (3) If a court issues an order approving a board's actions, the court retains jurisdiction over the matter:   (a) until the actions specified in the weed management plan or court order are complete;   (b) for the length of time specified in the order; or   (c) for 3 years if the order does not specify a time limit.   (4) After instituting appropriate noxious weed control measures, the board shall submit a copy of the bill, including the penalty provided for in subsection (4)(b), to the county clerk and recorder and, by certified mail, to the landowner that:   (a) covers the costs of the weed control measures;   (b) contains a penalty of 25% of the total cost incurred;   (c) itemizes the hours of labor, cost of material, equipment time, legal fees, and court costs or includes an invoice from a commercial applicator if the board contracted for weed control pursuant to subsection (1); and   (d) specifies that payment is due 30 days from the date the bill is received.   (5) If a landowner who received a notice to take corrective action requests an injunction or seeks to stay the corrective action in district court within 10 days of receipt of the notice, the board may not institute control measures until the matter is finally resolved, except in emergency situations.   (6) If the board declares an emergency and institutes appropriate measures to control the noxious weeds, the landowner who received the order is liable for costs as provided in subsection (4) only to the extent determined appropriate by the board, the board of county commissioners, or the court that finally resolves the matter.   History: En. Sec. 4, Ch. 301, L. 2013.
MT Code § 7-22-2135 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2135. through 7-22-2140 reserved

  7-22-2135 through 7-22-2140 reserved.
MT Code § 7-22-2141 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2141. Noxious weed fund

  7-22-2141. Noxious weed fund. (1) The commissioners shall create a noxious weed fund to be used only for purposes authorized by this part.   (2) The fund must be maintained by the county treasurer in accordance with 7-6-2111.   History: En. Sec. 13, Ch. 195, L. 1939; amd. Sec. 4, Ch. 90, L. 1941; amd. Sec. 7, Ch. 228, L. 1947; amd. Sec. 1, Ch. 63, L. 1955; R.C.M. 1947, 16-1717(part); amd. Sec. 17, Ch. 607, L. 1985; amd. Sec. 8, Ch. 244, L. 2011.
MT Code § 7-22-2142 (2021)
2021 Montana Code Annotated|Title 7. Local Government|Chapter 22. Weed and Pest Control|Part 21. County Weed Control|7-22-2142. Sources of money for noxious weed fund

  7-22-2142. Sources of money for noxious weed fund. (1) The commissioners may provide sufficient money in the noxious weed fund for the board to fulfill its duties, as specified in 7-22-2109, by:   (a) appropriating money from any source in an amount not less than $100,000 or an amount equivalent to 1.6 mills levied on the taxable value of all property; and   (b) subject to 15-10-420 and at any time fixed by law for levy and assessment of taxes, levying a tax of not less than 1.6 mills on the taxable value of all taxable property in the county. The tax levied under this subsection must be identified on the assessment as the tax that will be used for noxious weed control.   (2) The proceeds of the noxious weed control tax or other contribution must be used solely for the purpose of managing noxious weeds in the county and must be deposited in the noxious weed fund.   (3) Any proceeds from work or herbicide sales must revert to the noxious weed fund and must be available for reuse within that fiscal year or any subsequent year.   (4) The commissioners may accept any private, state, or federal gifts, grants, contracts, or other funds to aid in the management of noxious weeds within the district. These funds must be placed in the noxious weed fund.   (5) Subject to 15-10-420, the commissioners may impose a tax for weed control within a special management zone as provided in 7-22-2121(4). For the purposes of imposing the tax, the special management zone boundaries must be established by the board and approved by a majority of the voters within the special management zone. Pursuant to an election held in accordance with 15-10-425, the amount of the tax must be approved by a majority of the voters within the special management zone, and approval of the zone and the tax may occur simultaneously. Revenue received from a special management zone tax must be spent on weed management projects within the boundaries of the special management zone.   History: En. Sec. 13, Ch. 195, L. 1939; amd. Sec. 4, Ch. 90, L. 1941; amd. Sec. 7, Ch. 228, L. 1947; amd. Sec. 1, Ch. 63, L. 1955; R.C.M. 1947, 16-1717(part); amd. Sec. 18, Ch. 607, L. 1985; amd. Sec. 3, Ch. 530, L. 1991; amd. Sec. 64, Ch. 584, L. 1999; amd. Sec. 13, Ch. 407, L. 2001; amd. Sec. 22, Ch. 495, L. 2001; amd. Sec. 72, Ch. 574, L. 2001; amd. Sec. 3, Ch. 313, L. 2007; amd. Sec. 20, Ch. 128, L. 2011; amd. Sec. 9, Ch. 244, L. 2011; amd. Sec. 4, Ch. 92, L. 2019.