Title 46, Agriculture

As used in ORS 569.175 to 569.195: (1) “Noxious weed” means a terrestrial, aquatic or marine plant designated by the State Weed Board under ORS 569.615 as among those representing the greatest public menace and as a top priority for action by weed control programs. (2) “Person” m…

In recognition of the imminent and continuous threat to natural resources, watershed health, livestock, wildlife, land and agricultural products of this state, and in recognition of the widespread infestations and potential infestations of noxious weeds throughout this state, nox…

The State Department of Agriculture shall administer and enforce ORS 569.175 to 569.195. The department may: (1) Adopt rules to carry out ORS 569.175 to 569.195. In adopting the rules the department shall consider: (a) The effect on the immediate environment of the use of chemica…

Oregon State University, acting by itself or in cooperation with the State Department of Agriculture, may: (1) Collect, publish, disseminate and furnish information, statistics and advice concerning the research, experimentation, control and eradication of noxious weeds and the l…

(1) No person shall fail to cooperate with the State Department of Agriculture in the administration or enforcement of ORS 569.175 to 569.195, or rules promulgated pursuant thereto, nor otherwise violate any provision of ORS 569.175 to 569.195. (2) In addition to any other remedy…

Noxious weeds have become so thoroughly established and are spreading so rapidly on state, county and federally owned lands, as well as on property in individual ownership and in transition to county ownership through tax delinquency, that they hereby are declared a menace to the…

The state and the respective counties shall control any weeds designated as noxious by the state or the respective counties in any such county on land under their respective ownerships. [Formerly 570.510]

(1) The county governing body of each county may declare the county, or any portion of the lands in a county, a weed control district for the purpose of destroying such weeds and of preventing the seeding and spread of such other weeds and plants as the governing body may for the…

(1) The court shall, upon declaring a weed control district, appoint a weed inspector or inspectors, whose duties it shall be: (a) To find out if any noxious weeds or plants are being permitted to grow and produce bloom or seed within the district or districts contrary to the pro…

The county court shall, upon declaring a weed control district or districts, cause to be published an official notice describing each district and naming weeds to be destroyed and to be prevented from producing seed within the districts. The notice shall be published in a newspap…

(1) The weed inspector shall have access to the land within the district. (2) When the provisions of ORS 569.360 to 569.495 are not being complied with, the weed inspector shall serve a written notice to the owner or occupant of the land. When the weed inspector is unable to serv…

Each person, firm or corporation owning or occupying land within the district shall destroy or prevent the seeding on such land of any noxious weed within the meaning of ORS 569.360 to 569.495 in accordance with the declaration of the county court and by the use of the best means…

The State Highway Commission, the respective county courts, reclamation districts and municipalities shall destroy or prevent the spread or seeding of any noxious weed within the meaning of ORS 569.360 to 569.495 on any land owned by them or constituting the right of way for any …

(1) If the owner or occupant of the land fails or refuses to immediately destroy or cut the noxious weeds in accordance with ORS 569.360 to 569.495, the weed inspector shall at once notify the county court. The county court shall at once take necessary steps for enforcement of OR…

When the statement of expenses is filed, the county clerk shall cause it to be entered upon a lien docket prepared for that purpose. The amount of the charges and expenses when so docketed shall constitute a first lien upon such lands or premises, except as to taxes. If the charg…

If within 10 days from the date of filing and docketing the lien as provided in ORS 569.400 and 569.410, no objections have been filed thereto, the county court shall pay to the person or persons appointed by the court, as provided in ORS 569.370 (1), out of the general funds of …

(1) The county courts of the several counties of this state hereby are required to levy a tax and create a fund to be known as the weed control fund for the control of weeds on county highways and public lands and for cooperation with individuals, state and federal agencies in co…

Notwithstanding ORS 569.420, in addition to or in lieu of the tax authorized by ORS 569.420, a county governing body may levy a special assessment based upon benefit to finance weed control activities. All such assessments shall be treated in the same manner as the tax referred t…

If in the judgment of the court the enforcement of ORS 569.360 to 569.495 in any county which has been declared a weed control district seems impracticable or likely to work injury to the people of the district, it may after a hearing declare that such weed control district no lo…

No person operating or having control of any threshing machinery, clover huller, hay baler, seed cleaning or treating machinery or other machinery shall move said machinery over any public road or from one farm to another without first thoroughly cleaning it. Before moving it, al…

Any person owning or occupying land within a weed control district or special weed control district who conducts a weed control project in accordance with the provisions of ORS 569.370 and 569.470 to 569.495 may apply to the county court or commission for a cost-share assistance …

(1) The county courts of the several counties of this state hereby are required to provide cost-share assistance grants to persons owning or occupying land within such counties who conduct a weed control project in accordance with the provisions of ORS 569.370 and 569.470 to 569.…

No person shall be eligible for a cost-share assistance grant under ORS 569.370 and 569.470 to 569.495 unless: (1) A weed control inspector has: (a) Conducted a field inspection of the weed control site; (b) Approved the eligible person’s plan for implementing a weed control proj…

(1) Subject to ORS 291.232 to 291.260, the State Department of Agriculture may distribute in the manner prescribed in subsection (3) of this section to each county court an amount equal to 50 percent of the amount of cost-share assistance grants actually provided by the county co…

(1) The State Department of Agriculture may provide financial assistance to counties to promote the implementation of noxious weed control projects. (2) Notwithstanding any other provision of ORS 569.370 and 569.470 to 569.495, a county court is not required to perform any duty, …

The Legislative Assembly finds and declares that: (1) Noxious weeds present a serious threat that adversely affects industries vital to the Oregon economy, including but not limited to the agriculture, forestry, fishing and tourism industries; (2) Failure to control the spread of…

(1) The State Department of Agriculture shall establish a grant program for the purpose of assisting counties in carrying out weed control district duties, functions and powers under ORS 569.360 to 569.495. After deducting department administrative expenses for the program, the d…

(1) The State Weed Board is created in the State Department of Agriculture. The board shall consist of seven members appointed by the Director of Agriculture as follows: (a) At least two members shall be residents of that portion of the state east of the summit of the Cascade Mou…

A member of the State Weed Board is entitled to compensation and expenses as provided in ORS 292.495. [Formerly 561.660]

(1) The State Weed Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of those offices as the board determines appropriate. (2) A majority of the members of…

The State Weed Board shall: (1) Act in conjunction with the State Department of Agriculture to identify those weeds growing in this state that represent the greatest public menace and establish those weeds as the top priority for action by weed control programs in this state. (2)…

(1) The State Department of Agriculture, in conjunction with the State Weed Board, shall implement a board plan to improve the effectiveness of noxious weed control efforts by weed control districts, state agencies and others within this state. The department shall act as the pri…

(1) Violation of a provision of ORS 569.175 to 569.195 or a rule adopted under ORS 569.175 to 569.195 is a Class B violation. (2) Violation of a provision of ORS 569.360 to 569.495 is a Class A violation. [2009 c.98 §9(1),(3); 2011 c.9 §77]

In addition to any applicable fine under ORS 569.990 or other penalty, a person that violates any provision of ORS 569.175 to 569.195 or 569.360 to 569.495 or a rule adopted under ORS 569.175 to 569.195 is subject to the imposition of a civil penalty by the State Department of Ag…