Weed Laws and Citations

County Ordinance 2016-01

On February 23rd the Board of County Commissions unanimously passed County ordinance number 2016-01 (PDF), declaring certain plant species as County noxious weeds, prohibiting the sale, planting, and possession of any plant on the County noxious weed list, and providing penalties for violations.

Plants included on the County noxious weed list include Japanese Yew (Taxus cuspidata), European or English Yew (Taxus baccata), and Chinese Yew (Taxus chinensis) and their hybrids. The ordinance is effective as of March 2, 2016.

Ordinance Response

The ordinance is a response to the fact that during the winter of 2015 and 2016 foraging wildlife consumed toxic yew plants in residential areas, which has led to the death of at least twenty elk throughout Blaine County, as confirmed by experts at Idaho Fish and Game Department.

The Board of Blaine County Commissioners finds that toxic yew plants pose an imminent danger of injury to wildlife and a more broad danger to pets and livestock. Therefore, eradicating toxic yew plants from residential areas will promote the public health, safety, and welfare.

The Ohio Gulch Transfer Station accepts yew debris free of charge, but the yew must be separate from other yard debris. Please note proper removal includes all traces, no matter how small, of the plant.

Idaho Statute on Noxious Weed Control

View Idaho Statutes on Noxious Weeds.

Landowner Responsibilities:

• Control Noxious Weeds on their land and property
• Responsible for the Cost of Controlling Noxious Weeds on their land and property.Noxious Weed Control is for prevention, eradication, rehabilitation, control or containment
•  Adjustments can be made if the landowner is a participant in a County-approved weed management plan or County-approved cooperative weed management area
• Responsible to reimburse the County for work done due to failure to comply with a 5-Day Notice
• Any articles on the premises shall not be moved until treated for Noxious Weed infestations

County Responsibilities:

• Establish and maintain a program for Noxious Weed Control in the County
• Employ a County Weed Superintendent qualified to detect and treat noxious weeds
• Provide operational and educational funds for the County Weed Superintendent
• Designate or participate in cooperative weed management areas
• Issue individual notices to the landowner and the land operator (if possible) listing specific Noxious Weeds found and instructions for control
• Recommend treatment plans to landowners and assist with strategies for control.
• Initiate control procedures if the landowner does not comply with an individual notice and inform the landowner of the cost incurred for control. If the landowner does not pay the incurred costs, additional legal procedures may be pursued