77-1-127. Department authorized to control weeds -- billing for weed control. (1) If the lessee, licensee, or permittee fails to take corrective action or if a request for an administrative hearing is not made within the time specified in the notice, the department may enter state land covered by the lease, license, or permit and institute appropriate weed control measures. The department may enter into an agreement with a commercial applicator, as defined in 80-8-102, or with the appropriate weed management district organized under 7-22-2102 to control the weeds. The commercial applicator or the weed management district shall agree to carry any insurance required by the department.
(2) The department shall submit a bill to the lessee, licensee, or permittee itemizing the hours of labor, material, and equipment time and listing the actual total cost incurred by the department to take the weed control measures, together with a penalty not exceeding 50% of the total cost. The bill must specify and order a payment due date of 30 days from the date the bill is sent. If payment is not received within 30 days, the department may cancel the lease, license, or permit. Money recovered under this section must be placed in the trust land administration account established in 77-1-108, except that penalties collected must be distributed annually to the trusts for the lands on which the weed control action was taken.
(3) If a person receiving an order to take corrective action requests an administrative hearing, the department may not institute control measures until the matter is finally resolved, except in case of an emergency. In an emergency, the person is liable for department costs allowed by this section only to the extent determined appropriate by the director or the court that finally resolves the matter.
(4) This section may not be construed to interfere with the right of the owner of property adjacent to a navigable river or stream to control noxious weeds on the land adjacent to the navigable river or stream.
History: En. Sec. 3, Ch. 164, L. 2007; amd. Sec. 10, Ch. 465, L. 2009; amd. Sec. 8, Ch. 472, L. 2009.
Structure Montana Code Annotated
Chapter 1. Administration of State Lands
77-1-102. Ownership of certain islands and riverbeds
77-1-103. Administration of lands
77-1-106. Setting of rates or fees -- rules
77-1-107. Purchase of historic easement across state land for benefit of private land
77-1-108. Trust land administration account -- administrative costs -- appropriation
77-1-109. Deposits of proceeds in trust land administration account
77-1-112. Violations classified
77-1-113. Restrictions on who may buy or lease state lands
77-1-117. Disposition of fines and judgment proceeds
77-1-118. Use of exploding targets prohibited -- definition -- penalty
77-1-121. Environmental review compliance -- exemptions
77-1-122. Environmental review of energy development projects on state land
77-1-123. and 77-1-124 reserved
77-1-126. Notice of noncompliance
77-1-127. Department authorized to control weeds -- billing for weed control
77-1-128. Administrative hearings
77-1-129. Rulemaking authority
77-1-131. State lands historic right-of-way account
77-1-132. Earnings reserve account
77-1-141. Determination of date of delivery