Title 35, Agriculture
0 chapters · 839 sections in this title.
Colo. Rev. Stat. § 35-5-101 Definitions
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As used in this article 5, 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 includ…
Colo. Rev. Stat. § 35-5-102 Duty to control weeds
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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 perso…
Colo. Rev. Stat. § 35-5-103 Methods of control - rules and regulations
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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 ca…
Colo. Rev. Stat. § 35-5-104 Pest control district - procedure to establish
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(1) Whenever twenty-five percent of the resident landowners and resident lessees within a contiguous territory desire to form a pest control district, as described in this subsection (1), they may file a petition for that purpose with the board of county commissioners of the coun…
Colo. Rev. Stat. § 35-5-105 Advisory committee
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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 …
Colo. Rev. Stat. § 35-5-106 County pest inspector, deputies, and employees
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The board of county commissioners of a county concerned may appoint a qualified person, subject to the approval of the commissioner and district advisory committee, as county pest inspector. The inspector shall carry out the inspector's duties as provided in this article 5 under …
Colo. Rev. Stat. § 35-5-107 Duties of pest inspector
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(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 u…
Colo. Rev. Stat. § 35-5-109 Owner or lessee refuses action
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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,…
Colo. Rev. Stat. § 35-5-110 Public nuisance - abatement
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Any noxious weeds, insect pests, or plant diseases with respect to which a control district has been proclaimed and all stages thereof; their carriers; and all premises, plants, and things infested or exposed to infestation with noxious weeds, insect pests, or plant diseases with…
Colo. Rev. Stat. § 35-5-111 Reports of acreage infested - county tax levy - fund - allocation
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(1) The commissioner shall 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 tabul…
Colo. Rev. Stat. § 35-5-112 Pest control district on public lands - notice - charges
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(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 tha…
Colo. Rev. Stat. § 35-5-113 Deputy or agent may exercise power
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Whenever any power or authority is given by this article 5 to any person, the power or authority may be exercised by any deputy or agent duly authorized by the person. Source: L. 59: p. 183, � 13. CRS 53: � 6-16-13. C.R.S. 1963: � 6-5-13. L. 2025: Entire section amended, (HB 25-1…
Colo. Rev. Stat. § 35-5-114 Liberal construction
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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. Source: L. 59: p. 184, � 14. CRS 53: � 6-16-14. C.R.S…
Colo. Rev. Stat. § 35-5-115 Dissolution of district
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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 o…
Colo. Rev. Stat. § 35-5-116 Major grasshopper and range caterpillar infestations
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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 disaste…
Colo. Rev. Stat. § 35-5-117 Emergency measures - governor
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(1) When the governor determines and declares an emergency resulting from a major grasshopper or range caterpillar infestation, the governor shall specify the area or areas of the major infestation. Within such area or areas, the governor may direct that such emergency measures b…
Colo. Rev. Stat. § 35-5-118 Right of entry
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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 su…
Colo. Rev. Stat. § 35-5-120 Grasshopper and range caterpillar control
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(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 o…
Colo. Rev. Stat. § 35-5-121 Immunity
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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 prescribe…
Colo. Rev. Stat. § 35-5-122 Costs of control operations
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(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…
Colo. Rev. Stat. § 35-5-123 Rules and regulations
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(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…
Colo. Rev. Stat. § 35-5-124 No weed districts. (Repealed)
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Source: L. 90: Entire section added, p. 1557, � 3, effective July 1. L. 2003: Entire section repealed, p. 847, � 2, effective April 7.
Colo. Rev. Stat. § 35-5-125 Cooperation between districts
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(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 …