Title 4.1, Agriculture
66 chapters · 881 sections in this title.
N.D.C.C. § 4.1-47-01 Definitions
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As used in this chapter: 1. "Board member area" means a geographical area within the county from which a member of the weed board is appointed. 2. "City weed control officer" means an individual designated by a city weed board to be responsible for the operation and enforcement o…
N.D.C.C. § 4.1-47-02 Control of noxious weeds
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1. Each person shall do all things necessary and proper to control the spread of noxious weeds. 2. No person may distribute, sell, or offer for sale within this state a noxious weed.
N.D.C.C. § 4.1-47-03 Noxious weed control - Agriculture commissioner - Powers
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The commissioner may enter upon any land in the state to perform duties and to exercise powers under this chapter, including taking specimens of weeds or other materials, without the consent of the landowner or other person responsible for the land and without being subject to an…
N.D.C.C. § 4.1-47-04 Noxious weed control - Agriculture commissioner - Duties
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The commissioner shall: 1. Maintain a state noxious weed list; 2. Direct the removal of a noxious weed from a county or city noxious weed list if the commissioner, after consultation with the respective weed board and the North Dakota state university extension service, determine…
N.D.C.C. § 4.1-47-05 State noxious weed list - Compilation
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1. Before the commissioner may add a weed to or remove a weed from the state noxious weed list, the commissioner shall consult with the North Dakota state university extension service. 2. Before January 1, 2010, and at least every five years thereafter, the commissioner shall rev…
N.D.C.C. § 4.1-47-06 County weed board - Members - Terms - Compensation
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1. Each board of county commissioners shall: a. Establish contiguous county weed board member areas; or b. Determine that county weed board members must be appointed at large. 2. The board of county commissioners shall appoint a county weed board consisting of three, five, or sev…
N.D.C.C. § 4.1-47-07 County weed board - Jurisdiction
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The jurisdiction of a county weed board extends to all land within the county but does not include any land within the corporate limits of a city if that city has its own noxious weed control program under this chapter.
N.D.C.C. § 4.1-47-08 County weed board - Powers
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A county weed board may: 1. Expend funds from all available sources if it determines that the extent of noxious weed infestation on certain land is so severe that control efforts would place an extreme financial burden on the landowner. 2. Employ and compensate additional personn…
N.D.C.C. § 4.1-47-09 County weed board - Duties
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Each county weed board shall: 1. Implement a program for the control of noxious weeds; 2. Provide for the control of noxious weeds along county and township roads and along county highways; 3. Establish the time and place of regular board meetings; 4. Meet at least once each year…
N.D.C.C. § 4.1-47-10 County weed board - Development of county weed list
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1. A county weed board may designate as noxious certain weeds that are not on the state noxious weed list, provided the county weed board consults with the North Dakota state university extension service and that the designation is approved by the commissioner. 2. Before January …
N.D.C.C. § 4.1-47-11 County weed control officer - Membership on county weed board - Employment
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1. A county weed control officer may serve as a member of the weed control board by which the officer is employed if the officer is otherwise qualified to do so. 2. An individual may be employed as a weed control officer by several weed boards simultaneously.
N.D.C.C. § 4.1-47-12 County weed control officer - Powers
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A county weed control officer may enter upon any land within the jurisdiction of the officer to perform duties and to exercise powers under sections 4.1-47-01 through 4.1-47-30, including taking specimens of weeds or other materials, without the consent of the landowner or other …
N.D.C.C. § 4.1-47-13 County weed control officer - Duties
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The county weed control officer shall: 1. Cooperate with the board and be responsible for the operation and enforcement of this chapter within the county; 2. Become acquainted with the location of noxious weeds within the county; 3. Meet the pesticide certification requirements s…
N.D.C.C. § 4.1-47-14 County noxious weed control program - Payment of expenses - Financial report - Tax levy authorization
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1. The board of county commissioners may pay the expenses of a county noxious weed control program authorized under this chapter from the county general fund, the noxious weed control fund, or both. In addition to the other program expenditures authorized in this chapter, the boa…
N.D.C.C. § 4.1-47-15 State appropriations for noxious weed control - Distribution - Determination
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1. The commissioner shall consult with the county and city weed boards and develop a method for the distribution to county and city weed boards of all moneys appropriated by the state for noxious weed control, other than the landowner assistance grants provided for in section 4.1…
N.D.C.C. § 4.1-47-16 State appropriations for noxious weed control - Landowner assistance program
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1. The commissioner shall consult with representatives of county and city weed boards and develop a formula for the distribution to eligible county weed boards and eligible city weed boards of all moneys appropriated by the state for the landowner assistance program. 2. a. The fo…
N.D.C.C. § 4.1-47-17 Control of noxious weeds within cities
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The governing body of any city having a population of three thousand or more may establish a program for the control of noxious weeds within the jurisdictional limits of the city. If a program is not established, the county weed board shall administer a program for the city.
N.D.C.C. § 4.1-47-18 City weed board members - Terms - Compensation
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1. If the governing body of a city elects to establish a noxious weed control program, as authorized by section 4.1-47-17, the governing body shall appoint a weed board consisting of three, five, or seven members. 2. The term of office for a board member is four years or until a …
N.D.C.C. § 4.1-47-19 City weed board - Powers
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A city weed board may: 1. Expend funds from all available sources if it determines that the extent of noxious weed infestation on certain land is so severe that undertaking control efforts would place an extreme financial burden on the landowner. 2. Employ and compensate addition…
N.D.C.C. § 4.1-47-20 City weed board - Duties
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Each city weed board shall: 1. Implement a program for the control of noxious weeds; 2. Establish the time and place of regular board meetings; 3. Meet at least once each year; 4. Keep minutes of its meetings and a complete record of all official acts; 5. Control and disburse all…
N.D.C.C. § 4.1-47-21 City weed board - Development of city weed list - Review - Removal
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1. A city weed board may designate as noxious certain weeds that are not on the state or county noxious weed list, provided the city weed board first consults with the North Dakota state university extension service and that the designation is approved by the commissioner. 2. Bef…
N.D.C.C. § 4.1-47-22 City weed control officer - Membership on city weed board - Employment
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1. A city weed control officer may serve as a member of the weed control board by which the officer is employed if the officer is otherwise qualified to do so. 2. An individual may be employed as a weed control officer by several weed boards simultaneously.
N.D.C.C. § 4.1-47-23 City weed control officer - Powers
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A city weed control officer may enter upon any land within the jurisdiction of the officer to perform duties and to exercise powers under this chapter, including taking specimens of weeds or other materials, without the consent of the landowner or other person responsible for the…
N.D.C.C. § 4.1-47-24 City weed control officer - Duties
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The city weed control officer shall: 1. Cooperate with the board and be responsible for the operation and enforcement of this chapter within the city; 2. Become acquainted with the location of noxious weeds within the city; 3. Meet the pesticide certification requirements set for…
N.D.C.C. § 4.1-47-25 City noxious weed control program - Payment of expenses - Financial report
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1. The governing body of a city may provide funding for a city noxious weed control program authorized under this chapter from revenues derived from its general fund levy authority. 2. The city weed board may annually request the governing body of a city to provide funds derived …
N.D.C.C. § 4.1-47-26 Publicly owned land - Noxious weed control
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Each state agency shall provide for the control of noxious weeds on land within its jurisdiction. If a state agency fails to control noxious weeds on land under its jurisdiction, the county weed board, upon approval of the commissioner, may enter upon the land to control the noxi…
N.D.C.C. § 4.1-47-27 Noxious weed control - Enforcement responsibilities of other agencies
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Law enforcement agents shall cooperate with the commissioner, a weed control board, and a weed control officer for the purpose of enforcing this chapter.
N.D.C.C. § 4.1-47-28 Entry upon land for noxious weed control purposes - Notices - Landowner rights - Remedial requirements - Liens
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1. a. If a county weed officer determines that any land other than that referenced in subsection 2 contains noxious weeds, the county weed control officer may first contact the occupant and request that the occupant control the noxious weeds within a prescribed time period and in…
N.D.C.C. § 4.1-47-29 Quarantine - Declaration - Hearing - Penalty
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1. If the commissioner determines that a quarantine of this state or any portion thereof may be necessary to prevent the spread of noxious weeds, the commissioner shall schedule a public hearing on the matter and provide notice of the hearing by publishing its time, place, and da…
N.D.C.C. § 4.1-47-30 Preventing the dissemination of noxious weeds - Penalty
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1. a. A person may not willfully transport any material that contains noxious weed seeds or propagating parts, on a public road, in a manner that allows for the dissemination of noxious weeds. b. A person may not willfully drive or transport any equipment, on a public road, in a …
N.D.C.C. § 4.1-47-31 Civil penalty
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1. a. In addition to any other penalties provided for in this chapter, a person who violates this chapter or any rules adopted under this chapter is subject to a civil penalty in an amount not to exceed eighty dollars per day for each day of violation, subject to a maximum penalt…
N.D.C.C. § 4.1-47-32 Action on complaint - Request for hearing
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1. a. If an individual filed a signed complaint with a county weed board or the county weed control officer and if the individual believes that the complaint has not been addressed satisfactorily within twenty-one days from the date of the complaint, the individual may file a wri…
N.D.C.C. § 4.1-47-33 County and city weed boards - Control of invasive species - Acceptance of funds
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1. If a county or a city weed board determines that an invasive species is present within its jurisdiction, the weed board shall notify the commissioner. 2. a. If funds for the control of invasive species are available to the commissioner, the commissioner may forward the funds t…
N.D.C.C. § 4.1-47-34 Noxious weed certification - Gravel and sand pits
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1. If requested by any person needing certification, a county weed board may certify, based on standards set by the commissioner after consulting with representatives of county or city weed boards, gravel, scoria, topsoil, or sand surface mining operations are not contaminated wi…