reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-113 - Authority of commissioner to enter into agreements

(1)
The commissioner may enter into agreements with other agencies of this state or of other states or any agency of the federal government and delegate authority to representatives thereof when such agencies or representatives may assist in carrying out the provisions of this article.
(2)
The commissioner may enter into agreements with any agency of the federal government for the purposes of inspecting sites and plants and monitoring compliance with post-entry quarantine as required by the federal "Plant Protection Act",
7 U.S.C. sec. 7712
et seq., as amended, and the rules promulgated pursuant thereto. The actual costs to offset the cash funds expended by the commissioner pursuant to such agreement, including, but not limited to, promulgating any rules necessary for the administration and enforcement of such agreement and conducting inspections of sites and plants shall be recovered from the persons who have signed post-entry quarantine growing agreements covering the sites where the articles are grown or, if no such agreement exists, from the owners of the articles at the growing sites.
(3)
The commissioner may enter into cooperative agreements with any other state or federal agency for the purpose of conducting inspections and issuing phytosanitary certificates pursuant to section
35-4-111
.
L. 37: p. 649, § 17. CSA: C. 80, § 59. CRS 53: § 6-10-13. C.R.S. 1963: § 6-10-13. L. 78: Entire section amended, p. 459, § 9, effective April 27. L. 85: Entire section amended, p. 1135, § 11, effective May 16. L. 96: Entire section amended, p. 322, § 6, effective April 16. L. 2007: (2) amended and (3) added, p. 927, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-113.5 - Delegation of duties

The commissioner, in his discretion, may delegate his authority to an employee to execute the provisions of this article.
L. 85: Entire section added, p. 1135, § 12, effective May 16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-114 - Penalties

Except for sections
35-4-107
and
35-4-110.5
, any person who violates any of the provisions of this article 4 commits a civil infraction. The commissioner or a board of county commissioners may refer such cases to the district attorney of the county in which such violation is alleged to have occurred for such action as may be deemed necessary. The conviction of a violation of any of the provisions of this article 4 shall be cause for revocation of any certificate, permit, or appointment issued under this article 4.
Amended by 2021 Ch. 462, § 616, eff. 3/1/2022.
L. 37: p. 649, § 18. CSA: C. 80, § 60. CRS 53: § 6-10-14. C.R.S. 1963: § 6-10-14. L. 78: Entire section R&RE, p. 460, § 10, effective April 27. L. 85: Entire section amended, p. 1135, § 13, effective May 16. L. 2021: Entire section amended, (SB 21-271), ch. 3276, p. 3276, § 616, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For certificates issued by the department of agriculture pursuant to this article, see § 35-4-111 .
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-114.5 - Civil penalties

(1)
Any person who violates any provision of this article or any rule or quarantine declared pursuant to this article is subject to a civil penalty, as determined by the commissioner. The maximum penalty shall not exceed one thousand dollars per violation.
(2)
No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(3)
If the commissioner is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may bring suit in any court of competent jurisdiction to recover such amount plus costs and attorney fees.
(4)
Before imposing any civil penalty, the commissioner may consider the financial hardship such penalty may cause to the business of the person charged.
(5)
Any civil penalty recovered pursuant to this section shall be credited to the general fund.
L. 96: Entire section added, p. 322, § 7, effective April 16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-115 - [Repealed]

L. 37: p. 650, § 19. CSA: C. 80, § 61. CRS 53: § 6-10-15. C.R.S. 1963: § 6-10-15. L. 78: Entire section repealed, p. 460, § 11, effective April 27.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-116 - Rules and regulations

The commissioner may promulgate such rules and regulations as he deems necessary for the administration and enforcement of this article. Such rules and regulations shall be promulgated in accordance with article
4
of title
24
, C.R.S.
L. 85: Entire section added, p. 1135, § 14, effective May 16.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-117 - County pest inspectors - weed and rodent control

Subject to the direction of the board of county commissioners, a county pest inspector may exercise the powers and duties granted to, and perform the duties of, a county in accordance with articles
5.5
and
7
of this title.
Added by 2013 Ch. 240,§ 3, eff. 8/7/2013.
L. 2013: Entire section added, (HB 13-1250), ch. 240, p. 1167, § 3, effective August 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-118 - Voluntary agreements to provide pest services

The commissioner may enter into an agreement with any person to or local government to provide pest control services, including eradication or treatment, authorized by this article 4. The department may provide pest control services directly or through a local government and may require remuneration for providing pest control services. The commissioner shall transfer any money received under this section to the state treasurer, who shall deposit the money in the emergency invasive-pest response fund created in section
35-1-106.4
.
Added by 2021 Ch. 160,§5, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1045), ch. 913, p. 913, § 5, effective September 7.
2021 Ch. 160, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-119 - Joint phytosanitary program

The commissioner may work cooperatively with the United States secretary of agriculture, or the secretary's designee, to implement a joint phytosanitary program if the program would economically or environmentally assist with mitigating or eradicating the spread of a regulated nonquarantine pest.
Added by 2021 Ch. 160,§5, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1045), ch. 913, p. 913, § 5, effective September 7.
2021 Ch. 160, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-120 - Quarantine of nonregulated pests

The commissioner may quarantine a regulated article if the regulated article may harbor a regulated pest that has an economically unacceptable impact, as determined by the commissioner, and if the measures to control the pest may achieve an acceptable level of official control.
Added by 2021 Ch. 160,§5, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1045), ch. 913, p. 913, § 5, effective September 7.
2021 Ch. 160, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4 - PEST CONTROL (§§ 35-4-101 — 35-4-121) › Section 35-4-121 - Emergency control and eradication of invasive pests

(1)
If the commissioner determines that a public nuisance creates an unacceptable risk of spreading a pest, the commissioner may coordinate with industry to, support local governments to, and make grants to take emergency action to quarantine, control, or eradicate an invasive pest.
(2)
A board of county commissioners may declare a pest to be a public nuisance and require its control or eradication.
Added by 2021 Ch. 160,§5, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1045), ch. 914, p. 914, § 5, effective September 7.
2021 Ch. 160, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 4.5 - [Repealed] (§ 35-4.5-101) › Section 35-4.5-101 - and 35-4.5-102 - [Repealed]

L. 2015: Entire article repealed, (SB 15-021), ch. 20, p. 50, § 1, effective August 5.
This article was added in 2007 and was not amended prior to its repeal in 2015.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"APHIS" means the United States department of agriculture animal and plant health inspection, plant protection, and quarantine programs.
(1.5)
"Commissioner" means the commissioner of agriculture.
(2)
"County" includes a city and county.
(3)
"District" means an area as provided for in section
35-5-104
.
(4)
"District advisory committee" means the committee appointed as provided in section
35-5-105
.
(5)
"Insect pest", as determined by the commissioner, means any of the small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, and which, upon investigation by the commissioner, are found to be in epidemic proportions.
(6)
"Inspector" means a county pest inspector.
(7)
"Landowner" means a person who owns five or more acres of land within the boundaries of the proposed district.
(7.1)
"Lessee" means a person leasing five or more acres of state-owned land controlled by the state board of land commissioners within the boundaries of the proposed district.
(8)
"Noxious weeds", as determined by the commissioner, means those weeds which are especially troublesome and detrimental and which may cause damage or loss to a considerable portion of the land or livestock of a community.
(9)
"Person" includes person, firm, corporation, or association.
(10)
"Pest", as determined by the commissioner, means a noxious, destructive, or troublesome plant, insect, or plant disease, when found to be in epidemic proportions and of sufficient economic importance to threaten the public welfare.
(11)
"Plant diseases", as determined by the commissioner, means injurious action caused by the continuous or intermittent damage of all plants by any causal agent and expressed through symptoms.
(12)
"Resident landowner" means a person who owns five or more acres of land within the boundaries of the proposed district and has his legal residence within the county where the proposed district is located or within an adjacent county.
(12.1)
"Resident lessee" means a person leasing five or more acres of state-owned land controlled by the state board of land commissioners within the boundaries of the proposed district and having his legal residence within the county where the proposed district is located or within an adjacent county.
L. 59: p. 176, § 1. CRS 53: § 6-16-1. C.R.S. 1963: § 6-5-1. L. 77: (1) and (1.5) R&RE and (7.1) and (12.1) added, p. 1577, §§ 1, 2, effective June 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-102 - Duty to control weeds

It is the duty of all persons owning land or any interest therein in the district, the department of transportation, the boards of county commissioners, school boards, the governing authorities of incorporated towns and cities and of railroads and ditch companies, and those persons supervising state-owned lands to use reasonable means to control the noxious weeds if the same are likely to be materially damaging to the land of neighboring landowners.
L. 59: p. 177, § 2. CRS 53: § 6-16-2. C.R.S. 1963: § 6-5-2. L. 83: Entire section amended, p. 1311, § 1, effective May 10. L. 91: Entire section amended, p. 1074, § 56, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-103 - Methods of control - rules and regulations

The commissioner is empowered to designate the methods to be used for the control or eradication of the various noxious weeds, insect pests, and plant diseases and to publish such methods and make and publish such reasonable rules and regulations as are proper and necessary to carry into effect the provisions of this article. The commissioner is authorized to enter into agreements with any landowner, lessee, district, city, or town, or with federal, state, or county agencies for cooperation and for cost sharing in the control and eradication of noxious weeds, insect pests, or plant diseases located upon land that they control or administer within the district in keeping with the provisions of this article. The commissioner, with the approval of the governor, is authorized to advance funds, which may be appropriated for this purpose subject to reimbursement, to carry into effect the provisions of this article.
L. 59: p. 177, § 3. CRS 53: § 6-16-3. C.R.S. 1963: § 6-5-3. L. 83: Entire section amended, p. 1311, § 2, effective May 10.
Cross references:
For rule-making procedures, see article
4
of title
24
; for intergovernmental relationships, see part 2 of article
1
of title
29
.
For rule-making procedures, see article 4 of title 24; for intergovernmental relationships, see part 2 of article 1 of title 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-105 - Advisory committee

After the formation of a pest control district and before any weed or pest control program has been initiated by the county pest inspector, the board of county commissioners shall appoint an advisory committee of five or more members, who shall serve at the pleasure of the board of county commissioners. Should a vacancy occur, the board of county commissioners shall fill the vacancy by appointment within thirty days. The committee members may be resident landowners or resident lessees and, insofar as is practical, shall have a practical knowledge of weed and pest control and shall geographically represent the district.
L. 59: p. 179, § 5. CRS 53: § 6-16-5. C.R.S. 1963: § 6-5-5. L. 65: p. 178, § 1. L. 83: Entire section amended, p. 1314, § 4, effective May 10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-106 - Pest inspector, deputies, and employees

The board of county commissioners of the county concerned may appoint a qualified person, subject to the approval of the commissioner and district advisory committee, as county pest inspector. It is the duty of said inspector to carry out his duties as provided in this article under the direction of the board and the commissioner. The inspector, with the approval of the board, may employ such deputies and employees as are necessary to perform his duties under this article. The salary of the inspector and of his deputies and employees shall be determined by the board.
L. 59: p. 179, § 6. CRS 53: § 6-16-6. C.R.S. 1963: § 6-5-6.
For appointment of county pest inspectors, see § 35-4-104.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-107 - Duties of pest inspector

(1)
The inspector shall cooperate with the commissioner in locating infestations of noxious weeds, insect pests, or plant diseases; make an annual report of known infestations of noxious weeds, insect pests, or plant diseases and compile data on areas controlled, eradicated, or under treatment; submit reports thereon to the commissioner, the district advisory committee, and the board of county commissioners by December 1 of each year; consult with the commissioner and the extension service and advise upon all matters pertaining to the best and most practical methods of noxious weed, insect pest, or plant disease control and eradication; and render every possible assistance to obtain the most effective control or eradication of noxious weeds, insect pests, or plant diseases within the district.
(2)
The commissioner or the inspector, or their deputies, having jurisdiction, together with such assistants as they may need in the prosecution of their work, are authorized during reasonable business hours to enter upon or into any premises, lands, or places within any pest control district in this state where they may suspect that pests occur which may be determined by the commissioner to be injurious to the welfare of the community for the purpose of inspecting, controlling, or eradicating the same or otherwise carrying out the provisions of this article.
L. 59: p. 179, § 7. CRS 53: § 6-16-7. C.R.S. 1963: § 6-5-7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-109 - Owner or lessee refuses action

When noxious weeds, insect pests, or plant diseases are found on a property not listed on the tax rolls of the county and the owner or lessee of the property refuses or fails to take the necessary action to control or eradicate such noxious weeds, insect pests, or plant diseases, after notice as prescribed in section
35-5-108
, the county pest inspector shall treat the same as though listed on the tax rolls, and the expense thereof may be recovered by the county in an action therefor in any court of competent jurisdiction. The control or eradication of noxious weeds, insect pests, or plant diseases on county property may be contracted for by the inspector, with the approval of the board of county commissioners, at county expense.
L. 59: p. 182, § 9. CRS 53: § 6-16-9. C.R.S. 1963: § 6-5-9. L. 83: Entire section amended, p. 1315, § 6, effective May 10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-110 - Public nuisance - abatement

Any noxious weeds, insect pests, or plant diseases with respect to which a control district has been proclaimed, and any and all stages thereof, their carriers, and any and all premises, plants, and things infested or exposed to infestation therewith within such area are declared to be a public nuisance, subject to all laws and remedies relating to the prevention and abatement of nuisances. The inspector, under the supervision and direction of the commissioner and with the approval of the board of county commissioners, in a summary manner or otherwise, may take such action, including removal and destruction, with reference to such nuisance as in his discretion seems necessary. The remedies of this section shall be cumulative with all other remedies provided in this article.
L. 59: p. 182, § 10. CRS 53: § 6-16-10. C.R.S. 1963: § 6-5-10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-111 - Reports of acreage infested - county tax levy - fund - allocation

(1)
The commissioner is directed, and it is his duty, to ascertain each year, from reports of the inspectors and other sources, the approximate amount of land and highways infested with the most troublesome noxious weeds, insect pests, or plant diseases, and their location, and transmit such information tabulated by counties, not later than July 1 of each year, to the board of county commissioners of each county affected by such infestation. On the basis of such information, the board of county commissioners of each county may make a tax levy each year on real property for the purpose of paying the cost of noxious weed, insect pest, or plant disease control or eradication in a district of the county as provided by this section, but such levy shall not exceed two mills in any one year.
(2)
Moneys collected from such levy shall be set apart as a pest control fund, and moneys derived from a particular district shall be used only in that district, and moneys derived on a countywide basis shall be used for the whole county. Vouchers shall be drawn against said fund by the board for items of expense incident to the control or eradication of noxious weeds, insect pests, or plant diseases in the county or in any such district. Such expenditures and accounts shall be audited annually.
L. 59: p. 182, § 11. CRS 53: § 6-16-11. L. 61: p. 158, § 1. L. 63: p. 160, § 2. C.R.S. 1963: § 6-5-11. L. 65: p. 178, § 2.
For limitations on increasing levies of political subdivisions, see part 3 of article 1 of title 29.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-112 - Pest control district on public lands - notice - charges

(1)
When an area designated as a pest control district by the board of county commissioners of any county contains public lands, it is the duty of the commissioner to notify the proper state departments which control or supervise the public lands within the area so designated that such a district has been formed. It is the duty of any such department so notified to control or eradicate all noxious weeds, insect pests, or plant diseases on any lands under its jurisdiction, and included within the boundaries of the district and for which the district was organized, using the methods prescribed by the commissioner.
(2)
In case such department fails to so control or eradicate such pests, it is the duty of the inspector in the county where the infestation is located to enter upon such lands and undertake the control or eradication of such noxious weeds, insect pests, or plant diseases, or cause the same to be done, the expense thereof to be a proper charge against the department which has jurisdiction over the lands. If not paid, such charge may be recovered in an action therefor by the county in any court of competent jurisdiction; except that it is permissible for any such state department which controls or supervises lands in the designated pest control district to enter into a contract with the board of county commissioners of the county wherein the land is situated to authorize the county pest inspector to undertake the control or eradication of all noxious weeds, insect pests, or plant diseases, as provided in this article, on state-controlled land in the district on terms and conditions satisfactory to both parties.
(3)
In the case of lands controlled by the state board of land commissioners, which land is included within a district and leased to a lessee, the costs incurred in controlling or eradicating noxious weeds, insect pests, or plant diseases, which would be chargeable to the owner of the land if privately owned, shall be paid by the lessee.
(4)
All park land in the state, except that owned by the United States, shall be excluded from charges provided for in this article, and the board of county commissioners of the county in which any such park is located shall be billed for any and all assessments on such park lands.
L. 59: p. 183, § 12. CRS 53: § 6-16-12. C.R.S. 1963: § 6-5-12. L. 83: (1), (2), and (3) amended, p. 1316, § 7, effective May 10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-113 - Deputy or agent may exercise power

Whenever any power or authority is given by any provisions of this article to any person, it may be exercised by any deputy or agent duly authorized by him.
L. 59: p. 183, § 13. CRS 53: § 6-16-13. C.R.S. 1963: § 6-5-13.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-114 - Liberal construction

This article, being necessary to secure and preserve the public health, safety, convenience, and welfare, and for the security of public and private property, shall be liberally construed to effect the purpose of this article.
L. 59: p. 184, § 14. CRS 53: § 6-16-14. C.R.S. 1963: § 6-5-14.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-115 - Dissolution of district

The district may be dissolved by the same procedure as the district was created on petition of twenty-five percent of the resident landowners of the district upon a vote of sixty-six and two-thirds percent of those owning the land in the district under similar procedure to that of organizing the district, if a program is not in effect. On and after July 1, 1990, a district may also be dissolved when such question is presented to the resident landowners by the board of county commissioners and more than fifty percent of said landowners voting on the issue vote to dissolve the district; except that no vote is required when two or more districts are being consolidated pursuant to section
35-5-104(6)
.
L. 59: p. 184, § 15. CRS 53: § 6-16-15. C.R.S. 1963: § 6-5-15. L. 90: Entire section amended, p. 1557, § 2, effective July 1. L. 2000: Entire section amended, p. 5, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-116 - Major grasshopper and range caterpillar infestations

Authority is hereby granted the governor of the state of Colorado to declare a major grasshopper or range caterpillar infestation and to declare an emergency resulting from said major infestation. Upon said declaration, funds from the governor's agricultural emergency and disaster fund shall be made available for grasshopper or range caterpillar control.
L. 75: Entire section added, p. 1342, § 1, effective May 30. L. 77: Entire section amended, p. 1577, § 3, effective June 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-117 - Emergency measures

(1)
When the governor determines and declares an emergency resulting from a major grasshopper or range caterpillar infestation, he shall specify the area or areas of the major infestation. Within such area or areas, he is authorized to direct that such emergency measures be taken as he deems necessary to alleviate conditions which gravely jeopardize property and resources.
(2)
In directing that emergency measures be taken, the governor is hereby authorized to:
(a)
Utilize equipment, supplies, facilities, personnel, and other like available resources belonging to the state of Colorado in possession of any state agency;
(b)
Enter into contracts for the acquisition, rental, or hire of equipment, services, materials, and supplies;
(c)
Accept assistance, services, and facilities tendered by federal and local governmental units or private agencies;
(d)
Accept on behalf of the state the provisions and benefits of acts of congress designated to provide for assisting states.
L. 75: Entire section added, p. 1342, § 1, effective May 30. L. 77: (1) amended, p. 1578, § 4, effective June 4.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-118 - Right of entry

All persons authorized to carry out emergency measures directed under the provisions of this article shall have free access to all public and private lands, premises, and buildings within the areas specified and are authorized to enter thereon and to perform such work and take such measures as directed without the consent of the owners thereof if the entry is reasonably necessary to actually alleviate or prevent the disaster.
L. 75: Entire section added, p. 1343, § 1, effective May 30.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-119 - [Repealed]

L. 75: Entire section added, p. 1343, § 1, effective May 30. L. 77: (1), (3), and (5) amended, p. 1578, § 5, effective June 4. L. 83: Entire section repealed, p. 1317, § 10, effective May 10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-120 - Grasshopper and range caterpillar control

(1)
The board of county commissioners of each county in which the governor has declared an emergency resulting from a major grasshopper or range caterpillar infestation is hereby authorized and directed to establish a system of priorities for any operation involving the control of grasshoppers or range caterpillars in infested areas. Such board of county commissioners shall certify to the commissioner any area within a county which has established a grasshopper or range caterpillar control district in areas infested with grasshoppers or range caterpillars and in which sixty-six and two-thirds percent of the landowners and lessees have agreed to pay a proportionate share of the cost per acre for grasshopper or range caterpillar control, as determined by the commissioner, as a contribution to pay the cost of controlling the grasshoppers or range caterpillars which are infesting said area.
(2)
Upon receipt by the commissioner of a certification of such an area, and upon deposit with the commissioner of the landowner's and lessee's projected share of the cost of control for grasshoppers or range caterpillars, the commissioner shall immediately direct operations to commence to control the grasshoppers or range caterpillars in such area.
(3)
In attempting to control grasshoppers or range caterpillars in established control districts, the commissioner shall not be required to conduct control operations on other than range acreage.
(4)
If the commissioner, with approval of the district advisory committee as established in section
35-5-105
, determines at any time that control operations would not significantly reduce the grasshopper or range caterpillar populations in the established control districts, he may order that said operations be suspended or terminated.
L. 75: Entire section added, p. 1344, § 1, effective May 30. L. 77: Entire section amended, p. 1579, § 6, effective June 4. L. 83: (2) amended, p. 1316, § 8, effective May 10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-121 - Immunity

Neither the state or its agencies, officers, or employees nor the officers, agents, employees, or representatives of any governmental or private concern shall be liable for any claim based upon the exercise or performance or the failure to exercise or perform a function prescribed under the provisions of sections
35-5-116
to
35-5-121
.
L. 75: Entire section added, p. 1344, § 1, effective May 30.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-122 - Costs of control operations

(1)
The costs of grasshopper or range caterpillar control operations shall be borne as follows:
(a)
Landowners and lessees in grasshopper or range caterpillar control districts shall assume one-third of the cost in those instances where the commissioner enters into an arrangement with APHIS whereby APHIS agrees to pay one-third of such costs.
(b)
Landowners and lessees in grasshopper or range caterpillar control districts shall assume two-thirds of the costs in those instances where the commissioner is unable to enter into a cost-sharing arrangement with APHIS.
(c)
One-third of the costs shall be paid from the governor's agricultural emergency and disaster fund.
(d)
The money deposited by the landowners and lessees to control grasshoppers or range caterpillars shall be available to the commissioner to administer the control of such infestations.
L. 77: Entire section added, p. 1579, § 7, effective June 4. L. 83: (1)(d) added, p. 1316, § 9, effective May 10.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-123 - Rules and regulations

(1)
The commissioner is authorized, after opportunity for hearing and in accordance with article
4
of title
24
, C.R.S., to promulgate appropriate rules and regulations concerning:
(a)
Payment of costs by landowners and lessees, APHIS, and the governor's agricultural emergency and disaster fund;
(b)
Procedures for awarding contracts for grasshopper and range caterpillar control operations, which procedures shall follow as nearly as practicable the procedures for awarding contracts of the department of personnel, the terms and conditions of such contracts, bonding requirements, and qualifications of those contracting to do the control work;
(c)
Methods and materials of control to be used in grasshopper and range caterpillar control operations;
(d)
Protection of the environment, businesses, and industries located in grasshopper and range caterpillar control districts.
(2)
The commissioner is further empowered to make and publish such reasonable rules and regulations as are proper and necessary to put into effect the provisions of this article.
L. 77: Entire section added, p. 1580, § 7, effective June 4. L. 95: (1)(b) amended, p. 666, § 104, effective July 1.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-124 - [Repealed]

L. 90: Entire section added, p. 1557, § 3, effective July 1. L. 2003: Entire section repealed, p. 847, § 2, effective April 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5 - PEST CONTROL DISTRICTS (§§ 35-5-101 — 35-5-125) › Section 35-5-125 - Cooperation between districts

(1)
When pests may be more economically, completely, or satisfactorily managed, two or more boards of county commissioners may contract with one another to manage and control pests, including, but not limited to, sharing costs and employees. A board of county commissioners shall not contract to share resources, including costs or employees, with another such board unless both boards and both district advisory committees of such boards authorize such sharing.
(2)
A contract created pursuant to subsection (1) of this section shall be in writing and contain the purposes, rights, powers, responsibilities, and financial obligations of each contracting county.
(3)
If other law has requirements applicable to special types of intergovernmental contracts or cooperative agreements, such law shall control.
L. 2003: Entire section added, p. 847, § 1, effective April 7.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-101 - Short title

This article shall be known and may be cited as the "Colorado Noxious Weed Act".
L. 90: Entire article added, p. 1549, § 1, effective July 1. L. 96: Entire section amended, p. 763, § 3, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-102 - Legislative declaration - rule of construction

(1)
In enacting this article the general assembly finds and declares that there is a need to ensure that all the lands of the state of Colorado, whether in private or public ownership, are protected by and subject to the jurisdiction of a local government empowered to manage undesirable plants as designated by the state of Colorado and the local governing body. In making such determination the general assembly hereby finds and declares that certain undesirable plants constitute a present threat to the continued economic and environmental value of the lands of the state and if present in any area of the state must be managed. It is the intent of the general assembly that the advisory commissions appointed by counties and municipalities under this article, in developing undesirable plant management plans, consider the elements of integrated management as defined in this article, as well as all appropriate and available control and management methods, seeking those methods which are least environmentally damaging and which are practical and economically reasonable.
(1.5)
The general assembly hereby finds and declares that:
(a)
Noxious weeds have become a threat to the natural resources of Colorado, as thousands of acres of crop, rangeland, and habitat for wildlife and native plant communities are being destroyed by noxious weeds each year;
(b)
An organized and coordinated effort must be made to stop the spread of noxious weeds and that such an effort can best be facilitated by a state coordinator who will assist in building local coalitions and coordinate the efforts of state, federal, local, and private landowners in developing plans for the control of noxious weeds without unnecessarily disrupting the development of such lands;
(c)
The designation and classification of noxious weeds into categories for immediate eradication, containment, and suppression will further assist the state in coordinating efforts to stop the spread of noxious weeds;
(d)
Because the spread of noxious weeds can largely be attributed to the movement of seed and plant parts on motor vehicles, and because noxious weeds are becoming an increasing maintenance problem on highway right-of-ways in this state, additional resources are needed to fight the spread of noxious weeds; and
(e)
The use of moneys in the noxious weed management fund to assist local governing bodies and affected landowners in the eradication, containment, or suppression of noxious weeds best serves the citizens of Colorado.
(2)
This article is in addition to article
5
of this title and is intended to be an expansion of, not a substitution for, the provisions of said article 5.
L. 90: Entire article added, p. 1549, § 1, effective July 1. L. 96: (1.5) added, p. 764, § 4, effective May 23. L. 2003: (1.5) amended, p. 2415, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-104 - Duty to manage noxious weeds

It is the duty of all persons to use integrated methods to manage noxious weeds if the same are likely to be materially damaging to the land of neighboring landowners.
L. 90: Entire article added, p. 1551, § 1, effective July 1. L. 96: Entire section amended, p. 767, § 6, effective May 23.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-104.5 - Intentional introduction, cultivation, or sale of noxious weeds - costs

(1)
(a)
It shall be unlawful to intentionally introduce, cultivate, sell, offer for sale, or knowingly allow to grow in violation of this article or any rule promulgated hereunder in this state any noxious weed designated pursuant to section
35-5.5-108(2)(a)
; except that this prohibition shall not apply to:
(I)
Research sanctioned by a state or federal agency or an accredited university or college;
(II)
Activities specifically permitted by the commissioner;
(III)
Noxious weed management plans that are part of an approved reclamation plan pursuant to section
34-32-116(7)
or
34-32.5-116(4)
, C.R.S.;
(IV)
Noxious weed management activities that are conducted on disturbed lands as part of an approved reclamation plan pursuant to section
34-33-111(1)
, C.R.S.; or
(V)
Noxious weed management activities that are part of activities conducted on disturbed lands pursuant to section
34-60-106(12)
, C.R.S.
(b)
It shall not be a violation of this section for a person to knowingly allow to grow a state noxious weed that is being properly managed in accordance with the rules promulgated by the commissioner.
(2)
Any entity or person that violates the provisions of this section shall be responsible for the costs associated with remediation of the noxious weeds. In assessing the cost of remediation, the commissioner may include both actual immediate and estimated future costs to achieve specified management objectives.
L. 2003: Entire section added, p. 2417, § 3, effective August 6.
2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › PEST AND WEED CONTROL (§§ 35-4-101 — 35-11-117) › Article 5.5 - COLORADO NOXIOUS WEED ACT (§§ 35-5.5-101 — 35-5.5-119) › Section 35-5.5-106 - Noxious weed management - municipal authority

(1)
The governing body of each municipality in the state shall adopt a noxious weed management plan for all lands within the territorial limits of the municipality. In addition to and independent of the powers elsewhere delegated by law, the governing body of a municipality may adopt and provide for the enforcement of such ordinances, resolutions, rules, and other regulations as may be necessary and proper to enforce said plan and otherwise provide for the management of noxious weeds within the municipality, subject to the following limitation: No municipal ordinance, resolution, rule, other regulation, or exercise of power pursuant to this article shall apply to unincorporated lands or facilities outside the corporate limits of the municipality, except such lands or facilities which are owned by or leased to the municipality, unless the municipality and the county otherwise agree pursuant to part 2 of article
1
of title
29
, C.R.S., or article
20
of title
29
, C.R.S.
(2)
The governing body of the municipality shall provide for the administration of the noxious weed management plan authorized by this article through the use of agents, delegates, or employees and may hire additional staff or provide for the performance of all or part of the noxious weed management plan through outside contract. Any agent, delegate, employee, staff, or contractor applying or recommending the use of chemical management methods shall be certified by the department of agriculture for such application or recommendation.
(3)
The governing body may cooperate with counties and other municipalities for the exercise of any or all of the powers and authorities granted by this article. Such cooperation shall take the form of an intergovernmental agreement pursuant to part 2 of article
1
of title
29
, C.R.S., or article
20
of title
29
, C.R.S.
(4)
To the degree that a municipality has, upon enactment of this article, or subsequent to that date, adopted an ordinance or ordinances for the management of noxious weeds, the adoption of such an ordinance or ordinances shall be deemed to satisfy the requirement for the adoption of a noxious weed management plan imposed by this article.
L. 90: Entire article added, p. 1552, § 1, effective July 1. L. 96: (1), (2), and (4) amended, p. 768, § 8, effective May 23.