CITY OF BOULDER
NOXIOUS WEED
MANAGEMENT
PLAN
Prepared by editing the Boulder County Weed Plan 5/99, by T. R. Seastedt
TABLE OF CONTENTS
1-100 Title; Authority; Jurisdiction; and Definitions
1-101 Enactment Authority
1-102 Purpose
1-103 Jurisdiction and Scope of Plan
1-104 Definitions
2-100 Designation of Noxious Weeds
2-101 State Noxious Weeds
2-102 Local Noxious Weeds
3-100 Required Integrated Management Methods and Plans
3-101 Management Standards and Criteria
3-102 Individual Management Plans
4-100 Inspection and Enforcement
4-101 Right of Entry on Subject Lands
4-102 Management and Enforcement --Properties Not Owned by the City
4-103 Management and Enforcement -- City Owned Lands
5-100 City Management Plan (CMP); Goals; Control on County Properties; and County Agency Responsibilities
5-101 City Wide Goals
5-102 Management of City Rights-of-way
5-103 Management of Parks and Open Space Department Property
5-104 Notification
6-100 Approval, Amendment, and General Administration of City Management Plan
6-101 Local Advisory Board
6-102 Board
7-100 Effective Date (when approved)
Appendixes:
A. Title 35 Article 5.5, Colorado Revised Statutes, "Colorado Noxious Weed Act"
1-100 Title, Authority, Jurisdiction & Definitions
1-101 Enactment Authority
(A) The City of Boulder hereby elects to use and amend the Boulder County Noxious Weed Plan to better match the existing Colorado laws to the needs and wants of its citizenry. The County adopted a noxious weed (formerly undesirable plant) management plan for the County's unincorporated lands in 1992. That plan, referred to as the Boulder County Noxious Weed (formerly Undesirable Plant) Management Plan (Plan) or the County Management Plan (CMP), has been subsequently amended to conform with legislative changes in the Colorado Noxious Weed Act. The adoption and implementation of an amended version of the County noxious weed management plan by the City of Boulder is seen as necessary to preserving and improving the quality of life, and the aesthetic and functional fitness of land uses within City-owned lands while complying with state law.
1-102 Purpose
(A) The purpose of the City of Boulder Noxious Weed Management Plan is to protect effectively against designated noxious weeds that constitute a potential threat to the environmental value of lands. This Plan implements the mandates of the Colorado Noxious Weed Act, by setting forth practices and criteria which utilize a variety of methods for the integrated management of noxious weeds, such as education, preventive measures, good stewardship, and management techniques. In establishing a coordinated program for the integrated management of noxious weeds, it is the City's intent to encourage and require all appropriate and available management methods, promoting those methods which are the most environmentally benign and which are practical and economically feasible.
1-103 Jurisdiction and Scope of Plan
(A) This Plan shall apply to all public and private lands within or owned by the City of Boulder. Exceptions include any land administered or managed by a federal agency.
(B) It is the intention of the City to enter into an intergovernmental agreement pursuant to Part 2 of Article 1 of Title 29, C.R.S., or pursuant to Article 20 of Title 29, C.R.S., with uncorporated areas in the County; other counties; and state and federal boards, departments, entities and agencies, in order to cooperatively control and manage noxious weeds under the Colorado Noxious Weed Act. The City also may enter into non-binding memoranda of understanding, or undertake other appropriate cooperative efforts, with these governmental entities or agencies.
1-104 Definitions
(A) The following definitions shall apply to the terms used in this Plan:
Act: the Colorado Noxious Weed Act, Article 5.5 of Title 35, C.R.S. as amended.
Adjacent: meeting or touching at some point, or having nothing of the same kind intervening.
Agricultural Extension Agent: the agent in the Colorado State University Cooperative Extension office who provides weed education to the public and assists in the development of individual weed management plans.
Alien Plant: a plant species which is not indigenous to the State of Colorado,
Biological Management: the use of an organism to disrupt the growth of noxious weeds.
Board: the City Council of Boulder.
CMP: the Boulder County Noxious Weed Management Plan, as further defined under "Management Plan" below.
Chemical Management: the use, as a last resort, of herbicides or plant growth regulators to disrupt the growth of noxious weeds.
County: the County of Boulder (Boulder County).
Cultural Management: those methodologies or management practices conducted to favor the growth of desirable plants over noxious weeds, including but not limited to maintaining an optimum fertility and plant moisture status in the area, planting at optimum density and spatial arrangement in the area, and planting species and eco-types most suited to the area.
Escaping Ornamental Plants: exotic horticultural plant species which invade other lands, becoming an ecological or economic nuisance to the present management goals of those lands.
Federal Agency: each agency, bureau, or department of the federal government responsible for administering or managing federal land.
Federal Land Manager: the federal agency having jurisdiction over any federal lands affected by the Act.
IMP: an Individual Noxious Weed Management Plan, as further defined under Management Plan below.
Infestation: a spreading or swarming in or over in a troublesome manner.
Integrated Management: the planning and implementation of a coordinated program utilizing a variety of methods for management of noxious weeds , which methods may include but are not limited to education, preventive measures, good stewardship, and the techniques of biological management, cultural management mechanical management and chemical management.
Land Use Departments: include all management units involved in the maintenance and management of City of Boulder parks and open space. These Land Use Departments are authorized to assist the County Weed Coordinator as provided in this Plan.
Landowner: any owner of record of state, municipal, or private land and includes an owner of any easement, Rights-of-way, or estate in the land.
Local Advisory Board: an advisory group appointed by the Boulder City Council.
Local Noxious Weed: any plant in the City that has been declared a noxious weed by the Board.
Management: any activity that influences the behavior of a plant in terms of establishment, reproduction, or dispersal.
Management Plan: a noxious weed management plan developed by any person, or the Board, using integrated management. The "City Management Plan" (CMP or this Plan) shall refer to the City integrated management plan adopted by the Board as required by the Act. An "Individual Management Plan" (IMP) shall refer to an integrated management plan for a specific property or group of properties as required or approved under Section 3-100 or Section 4-100, below.
Management Response: a plan, with schedule, in response to a Notification to Manage. This plan will lay out the approach by the landowner or occupant for eradicating noxious weeds on the owner’s or occupant’s property.
Mechanical Management: those methodologies or management practices that physically disrupt plant growth, including but not limited to tilling, mowing, burning, flooding, mulching, hand-pulling, grazing and hoeing.
Native Plant: a plant species which is indigenous to the State of Colorado, as indicated by the earliest comprehensive botanical surveys.
Neighboring: any property within a one-half mile radius of the boundary of the subject property.
Noxious Weed: an alien plant or parts of an alien plant that have been designated by rule as being noxious or have been declared a noxious weed by the local advisory board, and meets one or more of the following criteria:
(a) aggressively invades or is detrimental to economic crops or native plant communities;
(b) is poisonous to livestock;
(c) is a carrier of detrimental insects, diseases, or parasites;
(d) by the direct or indirect effect, the presence of this plant is determined to be detrimental to the environmentally sound management of natural or agricultural ecosystems.
Noxious Weed Management: the planning and implementation of an integrated program to manage noxious weed species.
Person: or Occupant: an individual, partnership, corporation, association, or federal, state, or local government or agency owning, occupying, or controlling any land, easement, or rights-of-way, including but not limited to any city, county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, borrow pit, gas and oil pipeline, high voltage electrical transmission line, or rights-of-way for a canal or lateral.
Plant Growth Regulator: a substance used for controlling or modifying plant growth processes without appreciable phytotoxic effect at the dosage applied.
State Noxious Weed: any noxious weed identified by the Commissioner of the Colorado Department of Agriculture by rule after surveying the local advisory boards in the state and prioritizing the top ten weeds, pursuant to a survey which should be conducted every three years.
Subject Lands: all public and private lands within the City of Boulder and its holdings, with the exceptions:
(a) of any municipal service, function, facility, or property, whether owned by or leased to an incorporated municipality; and
(b) any land administered or managed by a federal agency.
Weed: an artificial descriptor: any undesirable plant.
Weed Coordinator: the Weed Coordinator appointed by the Board; to conduct the duties and functions of weed management under this Plan. Those duties include, but are not limited to:
-Assisting in the development of the City of Boulder Noxious Weed Management Plan.
-Implementing the Noxious Weed Management Plan on City-owned properties and rights-of-way.
-Coordinating with the Land Use Department's Zoning Inspector for notification and enforcement of the Noxious Weed Management Plan on other lands in designated areas.
-Assisting the Boulder County Agricultural Extension Agent in public education and in the development of individual weed management plans.
-Coordinating with other governmental agencies as needed.
Zoning Inspector The person(s) appointed or designated by the Land Use Director/Zoning Administrator to enforce the City’s Land Use Code and the provisions of this Plan to manage noxious weeds on lands in the City which are not publically owned.
2-100 Designation of Noxious Weeds
2-101 State Noxious Weeds
(A) The State designates weeds, as they now exist or are updated from time to time under the Act, shall be managed under this plan. In accordance with the Act and the rules duly adopted by the State Commissioner of Agriculture, the state has identified several plant species that are designated as noxious weeds that the counties are to use to identify their local priorities. The current set of Rules is included in Appendix B.
2-102 Local (County) Noxious Weeds
(A) The following additional plant species are designated as local noxious weeds (noxious weeds of significance in the County) to be managed under the CMP:
(1) leafy spurge (Euphorbia esula)
(2) Russian knapweed (Acroptilon repens)
(3) spotted knapweed (Centaurea maculosa)
(4) diffuse knapweed (Centaurea diffusa)
(5) Mediterranean sage (Salvia aethiopis)
(6) Dalmatian toadflax (Linaria genistifolia var. dalmatica)
(7) yellow toadflax (Linaria vulgaris)
(8) purple loosestrife (Lythrum salicaria)
(9) Canada thistle (Cirsium arvense)
(10) musk thistle (Carduus nutans)
(11) scotch thistle (Onopordum acanthium and tauricum)
(12) yellow starthistle (Centaurea solstitialis)
(13) Dyer's woad (Isatis tinctoria)
(14) Teazel
(15) Chicory
B) The noxious weeds which must be managed under this Plan are set forth in this Section 2-100 above. The City retains the authority to designate other noxious weeds under the Act and pursuant to this Plan.
3-100 Required Integrated Management Methods and Plans
3-101 Management Standards and Criteria
(A) The Act requires all persons to use integrated methods to manage noxious weeds since "certain undesirable plants constitute a present threat to the continued economic and environmental value of lands of the state and if present in any area of the state must be managed."
In addition the Act empowers the Board, through the Zoning Inspector and land use Departments:
(1) to inspect Subject Lands for noxious weed infestations;
(2) to notify subject landowners and/or occupants of the presence of noxious weeds; and
(3) to refer responsible landowners and/or occupants, wherever possible, to the agricultural extension agent to consult regarding the best available integrated management methods.
(B) Under the Act the Board has the power to inspect for, notify landowners and occupants of, and require integrated management methods for noxious weeds, regardless of the degree of infestation. Even trace amounts of noxious weeds, although not considered to threaten immediate economic loss, have the ability to quickly spread and cause material damage to both the land on which they are found and to neighboring properties.
(C) Integrated management uses a combination of several weed control tools (See Section 1-104) to suppress the noxious weed species and stimulate the competitive vigor of the desired plant community. No single method should be used in managing noxious weeds; rather, a combination of methods should be used to achieve an integrated management plan which addresses prevention as well as management. In cases where eradication of a noxious weed species is not a practical or economically reasonable goal, containing and reducing infestations to manageable levels should be the objective.
(D) The Zoning Inspector or designee shall notify the responsible landowner or occupant where noxious weeds are found under this Plan. In exercising this discretion, the Zoning Inspector may refer integrated weed management questions to the Boulder County Agricultural Extension Agent or the Weed Coordinator. The Zoning Inspector is responsible for notifying and enforcing the provisions of this Plan but is not responsible for creating integrated weed management plans for property owner.
(E) It shall be the responsibility of the landowner or occupant to consult with the proper Federal or State authorities (U.S. Fish and Wildlife Service or State Division of Wildlife) regarding the existence of any federally listed or designated endangered or threatened species or designated critical habitat under the Federal Endangered Species Act, 16 U.S.C. 1531 et seq. However, if the Weed Coordinator has actual knowledge of the presence of any such protected species or habitat on any property for which a Noxious Weed Management Plan is to be prescribed or approved, the Weed Coordinator shall identify the species or critical habitat in the plan, and specify management methods for the landowner to follow to avoid jeopardizing the continued existence of the species or causing the destruction or adverse modification of its critical habitat.
3-102 Individual Management Plans (IMP's):
(A) Voluntary IMPs: The Board encourages all owners of Subject Lands to develop and implement Individual Management Plan (IMP’s) for their properties and submit such IMPs to the Zoning Inspector or designee for approval pursuant to Standards and Criteria, Section 3-101, above. Once approved such IMPs shall be enforceable as set forth in Section 4-103, below.
(B) Required IMPs: A landowner or occupant shall be required to submit an IMP to the Zoning Inspector or designee within 30 days after the date on which the Zoning Inspector or designee mails a written notice to the landowner or occupant that either of the following has occurred:
(1) If a Notification to Manage under Section 4-102 (A), below, has been sent to the landowner or occupant two years in a three year period, or
(2) If the County has had to expend funds to manage noxious weeds under Section 4-102 (G), below.
(C) If the submitted plan constitutes an acceptable IMP, the Zoning Inspector , with the assistance of the Weed Coordinator or the Agricultural Extension Agent, shall approve and sign the plan. If the submitted plan is unacceptable or contains insufficient information, the landowner or occupant shall have 30 days after the date of mailing of a written notice from the Zoning Inspector to resubmit an acceptable plan.
(D) If any landowner or occupant does not submit an acceptable IMP when and as required, the Zoning Inspector, with assistance from the Agricultural Extension Agent or Weed Coordinator, may develop an IMP for the property relying on the criteria set forth in Section 3-101, above. The Zoning Inspector shall mail a copy of any such IMP to the landowner or occupant whom the Zoning Inspector reasonably believes is responsible for or has control of the surface of the property for noxious weed management purposes. The IMP shall become binding for that property beginning on the third day after the date of mailing.
4-100 Inspection and Enforcement
4-101 Right of Entry on Subject Lands
(A) The Zoning Inspector or designee shall have the right to enter on any Subject Land, during reasonable business hours, for the purpose of inspecting for the existence of noxious weed infestations, provided that at least one of the following circumstances has occurred:
(1) the landowner or occupant has requested an inspection;
(2) a neighboring landowner or occupant has reported a suspected noxious weed infestation which might affect the subject property and requested an inspection; or
(3) the Zoning Inspector, or designee or other authorized agent of the City has made a visual observation from a public rights-of-way or other area accessible to the public and has reason to believe that an infestation exists.
(B) Except in cases where the landowner or occupant has requested an entry and inspection, the Zoning Inspector or designee shall not enter upon any property until it first notifies the landowner or occupant, by certified mail, return receipt requested, that an inspection has been scheduled and is pending. Any such notice shall specify the property to be inspected, the noxious weeds which are thought to be on the premises, and the scheduled date and time of the inspection. Where possible, inspections shall be scheduled and conducted with the concurrence of the landowner or occupant.
(C) Any notice sent by certified mail for which receipt is returned to the Zoning Inspector or land use departments showing that the notice was received at the Post Office, shall be construed to constitute a consent to the scheduled entry and inspection, if the landowner or occupant or their authorized agent does not contact the Zoning Inspector or designee prior to the scheduled inspection date to deny the Zoning Inspector or designee access to inspect the property.
(D) Any notice sent by certified mail which is left unclaimed at the Post Office, shall be considered to constitute a denial of access to the Zoning Inspector or designee.
(E) If after being notified that an inspection is pending, the landowner or occupant denies access to the Zoning Inspector, the Zoning Inspector or designee may seek an inspection warrant from the court having jurisdiction over property. The court shall issue an inspection warrant upon presentation by the Zoning Inspector or designee of a sworn affidavit stating:
(1) information which gives the Zoning Inspector reasonable cause to believe and that any provision of the CMP or of the Act is being violated;
(2) that the landowner or occupant has denied access to the Zoning Inspector;
(3) a general description of the location of the property; and
(4) the anticipated scope of the inspection.
(G) An inspection warrant shall not be required to enter upon and inspect any property which is owned by another governmental entity or which is open to the public.
(H) If the Zoning Inspector or designee determines, based upon information derived from any of the three circumstances listed in Subsection (A), above, that the suspected noxious weed infestation or noxious weed presence on any Subject Land is of such character or magnitude that it constitutes an imminent threat to the health or safety or economic well-being of neighboring properties, and that it is necessary to inspect the property immediately, the Zoning Inspector or designee may do so without first obtaining an inspection warrant. If the Zoning Inspector or designee has actual knowledge that a dangerous condition exists on the property, including but not limited to electric substations, gas compressors, and hazardous chemical storage sites, the Zoning Inspector shall make a reasonable effort to obtain the owner's or occupant's consent before entering upon the property.
(I) The Zoning Inspector or designee shall conduct inspections as needed.
(J) Inspection and management of City-owned lands shall be conducted pursuant to Section 5-100, below.
4-102 Management and Enforcement -- Properties Not Owned by the City
(A) Whenever an inspection shows the presence of noxious weeds on private property, the Zoning Inspector shall determine whether integrated management methods should be required, based upon the standards and criteria set forth in Section 3-101, above. The Zoning Inspector may consult with the Agricultural Extension Agent or Weed Coordinator in making this determination. If the Zoning Inspector determines that integrated management methods should be required, it shall send to the landowner or occupant whom is reasonably believed to have control of the surface for noxious weed management purposes (or to the record fee owner if such landowner or occupant with surface control is not known), by regular U.S. Mail:
(1) a written Notification to Manage which advises the landowner or occupant of the presence of noxious weeds;
(2) names the noxious weeds (common and scientific);
(3) instructs the landowner or occupant to manage the noxious weeds;
(4) refers the landowner to consult with the Agricultural Extension Agent for the appropriate integrated management methods pursuant to Section 3-101(C); and
(5) informs the landowner or occupant of the options available under Subsection (D), below.
The Notification to Manage also shall specify that if the landowner or occupant does not comply, the Board may authorize the City to undertake the required management and bill the landowner or occupant, without further prior notice, pursuant to Subsection (G) below.
Wherever possible, the Zoning Inspector or designee shall consult with the landowner or occupant in determining the appropriate management methods for the property prior to mailing the Notification to Manage.
(B) Nothing shall require the Zoning Inspector to send a Notification to Manage to all landowners or occupants of a property. Mailing to the landowner or occupant as specified in Subsection (A) above, is sufficient.
(C) No later than 10 calendar days after receipt of the Notification to Manage, the landowner or occupant shall do one of the following:
(1) Comply with the terms of the Notification to Manage, or initiate substantial compliance if the time for compliance exceeds 10 days;
(2) Acknowledge the terms of the Notification to Manage and submit to the Zoning Inspector an acceptable management response and schedule for completion;
(3) Submit a request for an arbitration panel to determine the management response, which panel shall be constituted as required under C.R.S. 35-5.5-109(4)(b). If the landowner or occupant chooses this option, the arbitration request shall state the specific requirements of the Notification with which the landowner or occupant disagrees.
(a) If the landowner or occupant chooses to exercise the right to challenge any one of the proposed panel members under C.R.S. 35-5.5-109(4)(b) of the Act, the landowner or occupant shall do so by filing a written challenge with the Zoning Inspector no later than three (3) calendar days after receiving written notice from the Zoning Inspector or designee proposed panel. The landowner or occupant shall be entitled to only one such challenge. The challenge shall specify the member being challenged and the reason for the challenge, and shall provide the names, addresses, and telephone numbers of two (2) proposed panel members to substitute for the challenged member who meet the statutory requirements for that member. The Zoning Inspector or designee shall agree to one of these two proposed members unless the Zoning Inspector or designee believes that neither of the two is sufficiently qualified or objective, and shall mail written notice of the final chosen panel to the landowner or occupant.
(b) The Zoning Inspector or designee shall convene the arbitration panel at the soonest possible date after the challenge deadline has passed. The arbitration panel shall render its decision on the required management response no later than one (1) calendar week after the date on which the panel convenes, unless the Zoning Inspector or designee agrees to a longer time. The decision of the arbitration panel shall be final; or
(4) Submit a sworn (notarized) statement to the Zoning Inspector or designee stating that the landowner or occupant noticed does not have surface control over the property for noxious weed management purposes; providing the basis for this conclusion and attaching any relevant documentation (such as a deed, lease, easement, or other proof of agreement); and supplying the name and current mailing address of the landowner or occupant who does have surface control over the property for noxious weed management purposes. The Zoning Inspector or designee shall then mail the notice to the latter identified landowner or occupant, as provided above. However, in the event that the latter identified landowner, or occupant disclaims control over the surface, or a dispute arises over the identity of the responsible landowner or occupant for noxious weed management purposes, the Zoning Inspector or designee shall have the discretion to determine, based on the information available, which landowner or occupant should reasonably be held responsible for noxious weed management under this Section 4-102.
(D) For purposes of this Section, the date of receipt shall be the third day after the date on which the notification is mailed, excluding Postal holidays.
(E) Once a final management response is established under Subsection (C), above, the Zoning Inspector or designee shall have the right to perform routine inspections of the property during regular City business hours, upon giving reasonable prior notice to the responsible landowner or occupant, until the level of management specified in the management response is achieved. Once the Zoning Inspector or designee determines that the required level of management has been achieved, the Zoning Inspector or designee shall notify the landowner or occupant of that fact, and that compliance with the management response is no longer required, although it may be encouraged.
(F) If the responsible landowner or occupant does not comply with the 10-day Notification response deadline, or with any management response established under Subsection (C) above, the Zoning Inspector or designee may request that the Board take action at a regularly scheduled public meeting to authorize the Zoning Inspector or designee or any duly retained independent contractor to enter on the property, and expend County funds to manage the noxious weeds as required in the management response. The Zoning Inspector or designee shall mail or deliver notice of the meeting to the landowner or occupant, in sufficient time to allow receipt of the Notice prior to the meeting date.
(1) At the public meeting, the Board in its discretion may:
(a) order the responsible landowner or occupant to comply with the management response, or
(b) direct the Zoning Inspector or designee or any duly retained independent contractor to carry out the management response at the County's expense, and subject to reimbursement by the landowner or occupant.
(2) The Board shall not direct the Zoning Inspector or designee or any duly retained contractor to initiate implementation of the management response unless the Board determines that the City has first applied the same or greater management to any land or rights-of-way which it owns or controls directly adjacent to the property. In addition, in considering whether to authorize implementation of the management response on property adjacent to exempt municipal or federal lands, the Board shall determine whether such response will be beneficial in light of the status of noxious weed management on the exempt lands.
(3) If the Board directs the Zoning Inspector or designee to initiate implementation of the management response, the Zoning Inspector or designee shall request the City Finance Director to bill the responsible landowner or occupant for the County's entire incurred costs, including up to 20 percent for inspection and other incidental cost in connection with the implementation. No such request for payment shall be made until the Zoning Inspector or designee determines that the implementation undertaken by the County or its independent contractors has successfully achieved the level of management called for in the management response.
(4) If the City bills the responsible landowner or occupant and the bill is not paid in full within 90 days, the Board may certify any unpaid amount to the City Treasurer, by action taken at a regularly scheduled public meeting of which the landowner or occupant need not receive prior notice. Upon such certification, this amount shall be a lien against the lot or tract of land on which noxious weeds are found until paid, and shall have priority over all other liens except general taxes and prior special assessments. Any funds collected pursuant to this section shall be deposited in the City’s weed fund or any similar fund.
(G) If the Zoning Inspector or designee determines that a landowner or occupant has not complied with an IMP approved under Section 3-102, above, the Zoning Inspector or designee shall send a written notice of the violation to the landowner or occupant by regular U.S. Mail. This notice shall specify:
(1) the nature of the violation;
(2) the required measures to correct the violation;
(3) a reasonable time period within which corrective measures must be commenced or achieved; and
(4) the consequences for failure to comply with the notice.
If the landowner or occupant does not comply with the notice, the Zoning Inspector or designee may proceed with corrective action by the City pursuant to the procedures set forth in Subsection (F), above.
4-103 Management and Enforcement--State Owned Lands
(A) It is the duty of each state board, department, or agency which controls or supervises state lands in the City to manage noxious weeds on any such lands under its jurisdiction in accordance with the Colorado Noxious Weed Act. In addition, it is the duty of each state board, department, or agency to assure that all public roads, public highways, public rights-of-way, and any easements appurtenant thereto, which are under their jurisdiction in the City, are in compliance with the Act and this Plan.
(B) The Zoning Inspector or designee may send a written Notification to Manage, by regular U.S. Mail, to any such state board, department, or agency:
(1) advising of the presence of noxious weeds;
(2) naming such weeds; and
(3) specifying the best available methods of integrated management which do not conflict with federal law or contractual restrictions included in federal land conveyances to the state.
(4) Wherever possible the Weed Coordinator or land use department shall consult with the noticed state board, department, or agency in determining the appropriate methods for the management of noxious weeds on such lands.
(C) No later than 10 calendar days after receipt of the Notification to Manage, the noticed board, department, or agency shall exercise one of the four options as set forth under Subsection 4-102(D) of this Plan, above. Once a final management response is established through one of those options or under Section 3-102(B), above, the Zoning Inspector or designee shall have the right to perform routine inspections of the property during regular County business hours, without prior notice to the responsible state board, department, or agency, until the level of control specified in the management response is achieved. Once the Zoning Inspector or designee determines that the required level of management has been achieved, the Zoning Inspector or designee shall notify the responsible state board, department, or agency of that fact, and that compliance with the management response is no longer required, although it may be encouraged.
(D) If the responsible state board, department, or agency does not comply with the requirements of Subsection 4-103 (C) or with any management response established thereunder, the Zoning Inspector or designee may request that the Board authorize the Zoning Inspector, Weed Coordinator or designee or any duly retained independent contractor to enter upon the affected property and implement the management response at the City's expense. Any such expense incurred shall be a proper charge against the responsible state board, department, or agency. An agreement for payment shall be reached within two weeks after the date an expense is submitted, with respect to the amount of reimbursement to be paid. Such agreement shall be in writing. If no agreement has been reached, and, if the charge is not immediately paid, such charge shall be submitted to the controller who shall treat such amount as an encumbrance on the budget of the responsible state board, department, or agency, or the City may recover such charge in any court with jurisdiction over the property.
(E) If the Zoning Inspector or designee determines that any responsible state board, department, or agency has not complied with an IMP approved under Section 3-102, above, the process set forth in Section 4-102 (G), above, shall be followed, with any unpaid charges being subject to Subsection 4-103 (C) above.
5-100 City Management Plan (CMP); Goals; Control on City Properties; and City Responsibilities
5-101 City-Wide Goals
(A) Any person may request public information concerning the status of noxious weed management on City owned properties. A complete listing of all properties under weed management will be available, and all available information on the health concerns and safety requirements of herbicides used on City property will be maintained for public inspection.
(B) Short Term (1-3 years):
(1) Educate landowners and occupants on identification and appropriate integrated weed management methods.
(2) Concentrate on early detection and control of noxious weed infestations in the trace to light stages. All activities are to be analyzed based on benefits and risks.
(3) Create and maintain a current noxious weed map showing populations of noxious weeds and integrated management methods used to control the weeds.
(4) Work with municipalities and state and federal agencies and other local governments to develop and coordinate integrated management efforts preferably through the use of intergovernmental agreements.
(6) Monitoring of plant species composition and, when appropriate, groundwater and surface waters is to be a part of any management program.
(C) Long Term (1-10 years):
(2) Focus educational programs on prevention of new weed infestations, escaping ornamental plants and appropriate integrated weed management.
5-102 Management of City Rights-of-way
(A) The mowing of City rights-of-way will begin in late May and finish when all paved roadsides have been mowed. Whenever feasible, mowing activities will target the most vulnerable phenological stage of the noxious weeds’ life cycle. This will accomplish the following:
(1) Stop noxious weeds from propagating.
(2) Maintain and reduce infested area.
(B) By February 1 of each year the Weed Coordinator will order or obtain updated information from the U. S. Department of Interior, Fish and Wildlife Service, affecting the list of Federal endangered, threatened and candidate plant and animal species that have been identified within unincorporated Boulder County. The Weed Coordinator will also contact the Colorado State Division of Wildlife and the Heritage Program for Colorado's list of plant and animal species of special concern. From these lists the Weed Coordinator will map any new locations of these species found along City or State rights-of-way.
(C) When species from one of the above lists is located in unincorporated Boulder County, a protective area will be established around that population. The size of the protective area will be determined by the listing agency.
(D) In the event that a herbicide should be necessary to manage noxious weeds within these protected zones, spot treatments will be made using backpack sprayers or "wick" applicators. Herbicides used in these cases should be those that the rare plant species family can tolerate and also be virtually non-toxic to wildlife species when used by labeled instructions.
(E) Where possible, potential habitat for Federal threatened and endangered and State species of special concern will be identified and afforded the same precautionary treatment measures as known habitat.
5-103 Management of Parks and Open Space Department Properties
(A) It is the intent of the City to manage all parks and heavily used public areas such as trailheads using non-chemical controls. Chemicals will only be used in these areas by written permission of the Board.
(B) Because of their extent and aggressive nature, diffuse knapweed, Mediterranean sage, Dalmatian toadflax, Canada thistle, musk thistle and yellow toadflax are the most serious noxious weeds on City lands. Light to severe concentrations of the species are found on trails, roads, parking lots, meadows, riparian areas, agricultural fields and native grasslands throughout the system. City personnel will continue to concentrate management efforts on these species as well as any other noxious weeds so designated by the Board. However, prevention of the introduction of new non-native species will be given equal weight in terms of management effort.
(C) In keeping with the long range goals of Subsection 5-101(B)(1), above, The City proposes to designate certain areas as rearing areas for biological controls. The City will continue the biological management program with the Colorado Department of Agriculture. There will be established "insectary sites" for a number of biological controls on City areas.
5-104 Notification
(A) The City shall post all areas treated with chemicals with appropriate signs that will be left out during the duration of the chemical's activity. Because herbicide application is weather and terrain dependent, a telephone number will be provided for residents to call each working day for a recorded message regarding more specific details of the days’ application.
6-100 Approval, Amendment, and General Administration of County Management Plan
6-101 Local Advisory Board
(A) The Board shall appoint a Noxious Weed Management Advisory Board which, at the sole option of the Board, may be either the Board, or a board of landowners as specified in C.R.S. 35-5.5-107 of the Act. The Advisory Board is expected to routinely solicit scientific expertise in the development of all management activities. This expertise can be local, regional, or national, and should include traditional IPM personnel as well as ecosystem ecologists, toxicologists, and others from appropriate environmental sciences. The Advisory Board shall have the following duties and authorities:
(1) Develop a recommended plan for the integrated management of noxious weeds, including but not limited to recommended management criteria for noxious weeds within the County.
(2) Review the CMP at regular intervals which occur not less than once every three years.
(3) Consider amendments to the Plan and transmit recommendations to the Board for approval.
(4) Declare noxious weeds and any state noxious weeds designated by rule to be subject to integrated management under the CMP.
(5) Recommend to the Board that identified landowners be required to submit an individual integrated management plan on their property to manage noxious weeds.
(6) The State Weed Coordinator shall review any recommendations of a local advisory board appointed pursuant to Article 5 of Title 35, C.R.S., and note any inconsistencies between the recommendations of the State Weed Coordinator or the State Commissioner of Agriculture and any such board.
6-102 The City Council (The Board)
) The Board shall appoint a Noxious Weed Management Advisory Board which, at the sole option of the Board, may be either the Board, or a board of landowners as specified in C.R.S. 35-5.5-107 of the Act. The Advisory Board shall have the following duties and authorities:
(1) Serve as the Local Advisory Board, if in its sole discretion it appoints itself to fulfill this role.
(2) Review and approve, modify, or reject, as appropriate, any proposed amendments to the CMP, at a public hearing of which at least 15 days prior notice shall be given in a newspaper of general circulation in Boulder, unless the Board determines that a shorter notice period is reasonable based upon the circumstances of the proposed review.
(3) Designate noxious weeds to be managed under this Plan following a public hearing of which at least 30 days prior notice shall be given in a newspaper of general circulation in Boulder County.
(4) Pursuant to C.R.S. 35-5.5-113, declare any noxious weed, at any stage thereof; any noxious weed carrier; or any premise, plant, or thing infested or exposed to infestation with any noxious weed, as a public nuisance, and take such action, including removal or destruction, with reference to such nuisance as the Board in its discretion determines necessary, in a summary action or otherwise.
(5) Provide for the administration of this Plan through the use of agents, delegates, or employees. The Board may hire additional staff or provide for the performance of all or part of the CMP through outside contract. Any agent, delegate, employee, staff, or contractor applying or recommending the use of chemical management methods shall be certified by the State Department of Agriculture for such application or recommendation.
(6) Pay the costs associated with the CMP from the noxious weed management fund of the City, which may be City General Fund.
7-100 Effective Date
(A)