reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 7. Local Government › Chapter 21. Business, Agriculture, and Livestock Services and Regulation › Part 42. Municipal Regulation of Business and Commodities › 7-21-4204. Regulation of location of businesses, factories, and steam boilers

7-21-4204. Regulation of location of businesses, factories, and steam boilers.
The city or town council has power:
(1) to regulate the location of slaughterhouses, breweries, distilleries, livery stables, foundries, blacksmith shops, planing mills, soap factories, and tanneries within the city or town and to prohibit any offensive and unwholesome establishments within the city or town limits or within 3 miles thereof;
(2) to regulate the location of steam boilers.
History: En. Subds. 42, 70, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Secs. 5039.41, 5039.69, R.C.M. 1935; R.C.M. 1947, 11-944, 11-972(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 21. Business, Agriculture, and Livestock Services and Regulation › Part 42. Municipal Regulation of Business and Commodities › 7-21-4205. Licensing and regulating of vehicles engaged in transporting persons and property

7-21-4205. Licensing and regulating of vehicles engaged in transporting persons and property.
The city or town council has power to license and regulate automobiles, trucks, hackney carriages, carts, omnibuses, wagons, and drays and to fix the rate to be charged for the carriage of persons and property within the city or town and to the public works and property without the limits of the city or town.
History: En. Subd. 54, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.53, R.C.M. 1935; R.C.M. 1947, 11-956.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 21. Business, Agriculture, and Livestock Services and Regulation › Part 42. Municipal Regulation of Business and Commodities › 7-21-4206. Control of erection of signs and awnings

7-21-4206. Control of erection of signs and awnings.
The city or town council has power to regulate the putting up of signs and awnings.
History: En. Subd. 70, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.69, R.C.M. 1935; R.C.M. 1947, 11-972(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 21. Business, Agriculture, and Livestock Services and Regulation › Part 42. Municipal Regulation of Business and Commodities › 7-21-4207. Authority to require records for pawn, secondhand, and junk shops

7-21-4207. Authority to require records for pawn, secondhand, and junk shops.
The city or town council has power to require the owners and keepers of pawn, secondhand, and junk shops to keep a record of all articles purchased or pawned to them. The record and the articles purchased or pawned are subject to the inspection of all police officers of the city or town.
History: En. Subd. 17, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Secs. 5039.16, R.C.M. 1935; R.C.M. 1947, 11-919.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 21. Business, Agriculture, and Livestock Services and Regulation › Part 42. Municipal Regulation of Business and Commodities › 7-21-4208. Regulation of purchases from minors by pawn, secondhand, and junk shops

7-21-4208. Regulation of purchases from minors by pawn, secondhand, and junk shops.
The city or town council has power to prevent the keepers of pawn, secondhand, and junk shops from the purchasing of any article from a minor without the written consent of the parent or guardian of such minor.
History: En. Subd. 18, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.17, R.C.M. 1935; R.C.M. 1947, 11-920.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 21. Business, Agriculture, and Livestock Services and Regulation › Part 42. Municipal Regulation of Business and Commodities › 7-21-4209. Establishment and supervision of markets

7-21-4209. Establishment and supervision of markets.
The city or town council has power to establish markets and market houses and provide for the supervision and use thereof.
History: En. Subd. 21, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.20, R.C.M. 1935; R.C.M. 1947, 11-923.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 21. Business, Agriculture, and Livestock Services and Regulation › Part 42. Municipal Regulation of Business and Commodities › 7-21-4210. Regulation of dance houses

7-21-4210. Regulation of dance houses.
The city or town council has power to regulate or prohibit dance houses within the city or town limits and within 3 miles thereof.
History: En. Subd. 19, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.18, R.C.M. 1935; R.C.M. 1947, 11-921.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 21. Business, Agriculture, and Livestock Services and Regulation › Part 42. Municipal Regulation of Business and Commodities › 7-21-4211. Repealed

7-21-4211. Repealed.
Sec. 2, Ch. 471, L. 1981.
History: En. Subd. 71, Sec. 5039, R.C.M. 1921; amd. Sec. 1, Ch. 115, L. 1925; amd. Sec. 1, Ch. 20, L. 1927; re-en. Sec. 5039.70, R.C.M. 1935; R.C.M. 1947, 11-973.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 21. Business, Agriculture, and Livestock Services and Regulation › Part 42. Municipal Regulation of Business and Commodities › 7-21-4212. Repealed

7-21-4212. Repealed.
Sec. 14, Ch. 506, L. 1983.
History: En. Sec. 1, Ch. 471, L. 1981.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-101. Repealed

7-22-101. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 1, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-102. Repealed

7-22-102. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 2, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-103. Repealed

7-22-103. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 3, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-104. Repealed

7-22-104. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 11, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-105. Repealed

7-22-105. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 12, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-106. Repealed

7-22-106. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 13, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-111. Repealed

7-22-111. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 4, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-112. Repealed

7-22-112. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 5, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-113. Repealed

7-22-113. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 6(1), (2), (6), Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-114. Repealed

7-22-114. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 6(3) thru (5), Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-115. Repealed

7-22-115. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 7, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-116. Repealed

7-22-116. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 8, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-117. Repealed

7-22-117. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 9, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 1. Control of Dutch Elm Disease (Repealed) › 7-22-118. Repealed

7-22-118. Repealed.
Sec. 1, Ch. 18, L. 1987.
History: En. Sec. 10, Ch. 535, L. 1979.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2101. Definitions

7-22-2101. Definitions.
As used in this part, unless the context indicates otherwise, the following definitions apply:
(1) "Board" means a district weed board created under 7-22-2103.
(2) "Commissioners" means the board of county commissioners.
(3) "Coordinator" means the person employed by the county to conduct the district noxious weed management program and supervise other district employees.
(4) "Department" means the department of agriculture provided for in 2-15-3001.
(5) "District" means a weed management district organized under 7-22-2102.
(6) "Integrated weed management program" means a program designed for the long-term management and control of weeds using a combination of techniques, including hand-pulling, cultivation, use of herbicide, use of biological control, mechanical treatment, prescribed grazing, prescribed burning, education, prevention, and revegetation.
(7) "Native plant" means a plant indigenous to the state of Montana.
(8) "Native plant community" means an assemblage of native plants occurring in a natural habitat.
(9) (a) "Noxious weeds" or "weeds" means any exotic plant species established or that may be introduced in the state that may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses or that may harm native plant communities and that is designated:
(i) as a statewide noxious weed by rule of the department; or
(ii) as a district noxious weed by a board, following public notice of intent and a public hearing.
(b) A weed designated by rule of the department as a statewide noxious weed must be considered noxious in every district of the state.
(c) Marijuana, as defined in 16-12-102, may not be considered a noxious weed.
(10) "Person" means an individual, partnership, corporation, association, or state or local government agency or subdivision owning, occupying, or controlling any land, easement, or right-of-way, including any county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, barrow pit, or right-of-way for a canal or lateral.
(11) "Weed management" or "control" means the use of an integrated weed management program for the containment, suppression, and, where possible, eradication of noxious weeds.
History: (1), (2), (4), (5)En. Sec. 1, Ch. 195, L. 1939; Secs. 16-1702, 16-1703, 16-1704, 16-1705, R.C.M. 1947; (3)En. 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), 16-1703, 16-1704, 16-1705; amd. Sec. 13, Ch. 249, L. 1979; amd. Sec. 1, Ch. 607, L. 1985; amd. Sec. 1, Ch. 303, L. 1991; amd. Sec. 4, Ch. 407, L. 2001; amd. Sec. 1, Ch. 98, L. 2003; amd. Sec. 17, Ch. 262, L. 2015; amd. Sec. 1, Ch. 92, L. 2019; amd. Sec. 28, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2102. Weed management districts established

7-22-2102. Weed management districts established.
A weed management district shall be formed in every county of this state and shall include all the land within the boundaries of the county, except that a weed management district may include more than one county through agreement of the commissioners of the affected counties.
History: En. 16-1709.1 by Sec. 1, Ch. 185, L. 1969; amd. Sec. 2, Ch. 360, L. 1974; R.C.M. 1947, 16-1709.1; amd. Sec. 2, Ch. 607, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2103. District weed board -- appointment -- commissioner powers

7-22-2103. District weed board -- appointment -- commissioner powers.
(1) The commissioners shall appoint a district weed board subject to the provisions of 7-1-201 through 7-1-203.
(2) Upon a recommendation from the weed board, the commissioners may appoint a weed coordinator.
(3) The commissioners shall approve, approve with revisions, or reject a weed management plan submitted pursuant to 7-22-2121.
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); amd. Sec. 14, Ch. 249, L. 1979; amd. Sec. 3, Ch. 607, L. 1985; amd. Sec. 2, Ch. 52, L. 1989; amd. Sec. 5, Ch. 681, L. 1991; amd. Sec. 17, Ch. 543, L. 1995; amd. Sec. 2, Ch. 244, L. 2011.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2104. Repealed

7-22-2104. Repealed.
Sec. 8, Ch. 681, L. 1991.
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); amd. Sec. 15, Ch. 249, L. 1979; amd. Sec. 4, Ch. 607, L. 1985.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2105. Repealed

7-22-2105. Repealed.
Sec. 25, Ch. 543, L. 1995.
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); amd. Sec. 5, Ch. 607, L. 1985.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2143. Determination of cost of weed control program

7-22-2143. Determination of cost of weed control program.
Based on the board's recommendations, the commissioners shall determine and fix the cost of the control of noxious weeds in the district, whether the same be performed by the individual landowners or by the board.
History: En. Sec. 16, Ch. 195, L. 1939; amd. Sec. 6, Ch. 90, L. 1941; amd. Sec. 8, Ch. 228, L. 1947; R.C.M. 1947, 16-1720(part); amd. Sec. 19, Ch. 607, L. 1985; amd. Sec. 4, Ch. 530, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2144. Payment of cost of weed control program

7-22-2144. Payment of cost of weed control program.
The total cost of weed control within the district must be paid from the noxious weed fund. The cost of controlling weeds growing along the right-of-way of a state or federal highway must, upon the presentation by the board of a verified account of the expenses incurred, be paid from the state highway fund in compliance with 7-14-2132 and any agreement between the board and the department of transportation. Costs attributed to other lands within the district must be assessed to and collected from the responsible person as set forth in 7-22-2134.
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. 20, Ch. 607, L. 1985; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 13, Ch. 51, L. 1999; amd. Sec. 7, Ch. 301, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2145. Expenditures from noxious weed fund

7-22-2145. Expenditures from noxious weed fund.
(1) The noxious weed fund must be expended by the commissioners at the time and in the manner as is recommended by the board to secure the control of noxious weeds.
(2) Warrants upon the fund must be drawn by the board. Warrants may not be drawn except upon claims duly itemized by the claimant, except payroll claims that must be itemized and certified by the board, and each claim must be presented to the commissioners for approval before the warrant is countersigned by the commissioners.
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. 21, Ch. 607, L. 1985; amd. Sec. 5, Ch. 530, L. 1991.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2146. Financial assistance to persons responsible for weed control

7-22-2146. Financial assistance to persons responsible for weed control.
(1) The commissioners, upon recommendation of the board, may establish a cost-share program for the control of noxious weeds. The board shall develop rules and procedures for the administration of the cost-share program. These procedures may include the cost-share rate or amount and the purposes for which cost-share funds may be used.
(2) (a) Any person may voluntarily enter into a cost-share agreement for the management of noxious weeds on the person's property. The coordinator shall draft a cost-share agreement in cooperation with the person. The agreement must, in the board's judgment, provide for effective weed management.
(b) The agreement must specify:
(i) costs that must be paid from the noxious weed fund;
(ii) costs that must be paid by the person;
(iii) a location-specific weed management plan that must be followed by the person; and
(iv) reporting requirements of the person to the board.
(c) The cost-share agreement must be signed by the person and, upon approval of the board, by the presiding officer.
(3) The agreement must contain a statement disclaiming any liability of the board for any injuries or losses suffered by the person in managing noxious weeds under a cost-share agreement. If the board later finds that the person has failed to abide by the terms of the agreement, all cost-share payments and agreements must be canceled and the provisions of 7-22-2134 apply to that person.
(4) (a) When under the terms of any voluntary agreement, whether entered into pursuant to 7-22-2132 or otherwise, or under any cost-share agreement entered pursuant to this section a person incurs any obligation for materials or services provided by the board, the board shall submit a bill to the person, itemizing hours of labor, material, and equipment time. The bill must specify and order a payment due date not less than 30 days from the date the bill is sent.
(b) A copy of the bill must be submitted by the board to the county clerk and recorder. If the sum to be repaid by the person billed is not repaid on or before the date due, the county clerk and recorder shall certify the amount not repaid, with the description of the land to be charged, and shall enter the sum on the assessment list as a special tax on the land, to be collected in the manner provided in 7-22-2148.
History: En. Sec. 16, Ch. 195, L. 1939; amd. Sec. 6, Ch. 90, L. 1941; amd. Sec. 8, Ch. 228, L. 1947; R.C.M. 1947, 16-1720(part); amd. Sec. 22, Ch. 607, L. 1985; amd. Sec. 14, Ch. 407, L. 2001; amd. Sec. 8, Ch. 301, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2147. Repealed

7-22-2147. Repealed.
Sec. 32, Ch. 607, L. 1985.
History: En. Sec. 16, Ch. 195, L. 1939; amd. Sec. 6, Ch. 90, L. 1941; amd. Sec. 8, Ch. 228, L. 1947; R.C.M. 1947, 16-1720(part).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2148. Payment of weed control expenses -- tax liability

7-22-2148. Payment of weed control expenses -- tax liability.
(1) The expenses incurred by the board for noxious weed control undertaken pursuant to 7-22-2134 must be paid by the county out of the noxious weed fund.
(2) If the sum to be repaid by the landowner billed under 7-22-2134 is not repaid on or before the date due, the county clerk shall certify the amount due, with the description of the land to be charged, and shall enter the amount on the assessment list of the county as a special tax on the land. If the land is exempt from general taxation for any reason, the amount due and to be repaid may be recovered by direct claim against the landowner and collected in the same manner as personal taxes.
(3) All amounts collected pursuant to subsection (2) must be deposited in the noxious weed fund.
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. 17, Ch. 249, L. 1979; amd. Sec. 23, Ch. 607, L. 1985; amd. Sec. 6, Ch. 530, L. 1991; amd. Sec. 3, Ch. 320, L. 2011; amd. Sec. 9, Ch. 301, L. 2013.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2149. Repealed

7-22-2149. Repealed.
Sec. 5, Ch. 313, L. 2007.
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).
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2150. Cooperation with state and federal-aid programs

7-22-2150. Cooperation with state and federal-aid programs.
The board may cooperate with any state or federal-aid program that becomes available if the district complies with 7-22-2120. Under a plan of cooperation, the direction of the program must be under the direct supervision of the board of the district in which the program operates.
History: En. Sec. 17, Ch. 195, L. 1939; amd. Sec. 9, Ch. 228, L. 1947; R.C.M. 1947, 16-1721; amd. Sec. 24, Ch. 607, L. 1985; amd. Sec. 15, Ch. 407, L. 2001.
2023 Montana Code Annotated › Title 7. Local Government › Chapter 22. Weed and Pest Control › Part 21. County Weed Control › 7-22-2151. Cooperative agreements

7-22-2151. Cooperative agreements.
(1) A state agency that controls land within a district, including the department of transportation; the department of fish, wildlife, and parks; the department of corrections; the department of natural resources and conservation; and the university system, shall enter into a written agreement with the board. The agreement must specify mutual responsibilities for integrated noxious weed management on state-owned or state-controlled land within the district. The agreement must include the following:
(a) an integrated noxious weed management plan, which must be updated biennially;
(b) a noxious weed management goals statement;
(c) a specific plan of operations for the biennium, including a budget to implement the plan; and
(d) a provision requiring a biennial performance report by the board to the state weed coordinator in the department of agriculture, on a form to be provided by the state weed coordinator, regarding the success of the plan.
(2) The board and the governing body of each incorporated municipality within the district shall enter into a written agreement and shall cooperatively plan for the management of noxious weeds within the boundaries of the municipality. The board may implement management procedures described in the plan within the boundaries of the municipality for noxious weeds only. Control of nuisance weeds within the municipality remains the responsibility of the governing body of the municipality, as specified in 7-22-4101.
(3) A board may develop and carry out its noxious weed management program in cooperation with boards of other districts, with state and federal governments and their agencies, or with any person within the district. The board may enter into cooperative agreements with any of these parties.
(4) Each agency or entity listed in subsection (1) shall submit a statement or summary of all noxious weed actions that are subject to the agreement required under subsection (1) to the state weed coordinator and shall post a copy of the statement or summary on a state digital access system.
History: En. Sec. 10, Ch. 607, L. 1985; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 31, Ch. 418, L. 1995; amd. Sec. 1, Ch. 519, L. 1995; amd. Sec. 30, Ch. 546, L. 1995; amd. Sec. 16, Ch. 407, L. 2001; amd. Sec. 4, Ch. 313, L. 2007; amd. Sec. 24, Ch. 365, L. 2023.