Table of Contents TITLE 7. LOCAL GOVERNMENT CHAPTER 22. WEED AND PEST CONTROL Part 21. County Weed Control

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7-22-2101 — Definitions 7-22-2102 — Weed management districts... 7-22-2103 — District weed board – app... 7-22-2106 — Renumbered 7-22-2107 — Renumbered 7-22-2108 — Renumbered 7-22-2109 — Powers and duties of boar... 7-22-2111 — Liability restrictions 7-22-2112 — Information on herbicide... 7-22-2113 — Minutes 7-22-2115 — Noxious weeds and seeds d... 7-22-2116 — Unlawful to permit noxiou... 7-22-2117 — Violations 1 7-22-2120 — Funding – reporting requi... 7-22-2121 — Weed management program 7-22-2126 — Embargo 7-22-2130 — Weed district coordinator... 7-22-2131 — Noncompliance with weed c... 7-22-2132 — Procedures for compliance 7-22-2133 — Noncompliance – actions f... 7-22-2134 — Noncompliance – actions b... 7-22-2141 — Noxious weed fund 7-22-2142 — Sources of money for noxi... 7-22-2143 — Determination of cost of... 7-22-2144 — Payment of cost of weed c... 7-22-2145 — Expenditures from noxious... 7-22-2146 — Financial assistance to p... 7-22-2148 — Payment of weed control e... 7-22-2150 — Cooperation with state an... 7-22-2151 — Cooperative agreements 7-22-2152 — Revegetation of rights-of... 7-22-2153 — Agreements for control of... 7-22-2154 — Public purchase or receip...

Mont. Code Ann. § 7-22-2120

(2017)

Funding – reporting requirements – emergency exemption

(1) (a) Before a district applies to the state for state or federal funding, the district shall provide the department with a weed management plan, as provided in 7-22-2121, and with a copy of the resolution creating the board.

(b) After the initial submission of the weed management plan, the district's weed management plan must be updated and submitted to the department every 2 years.

(c) The department may adopt rules and procedures necessary to implement this section. The rules may not impair the ability of the district to meet its responsibilities.

(2) The department may exempt a district from the requirements of subsection (1) if a noxious weed emergency is declared by the governor as provided in 80-7-815.

Opinions construing this section

1 opinion

2009 MT 454 Dec 31, 2009 Reversed

Fallon Co. v. DOR

Dissenting by Jim Rice · 6 to 1

e Legislature specifically 12 granted rulemaking authority within Title 7 when it intended the agency to adopt rules, see e.g. §§ 7-14-102(3), 7-21-3715, 7-22-2120(1)(d), MCA, but did not do so with respect to TIFDs, see e.g. §§ 7-15-4282 through -4299, MCA. The design of Title 7 and the Legislature’s determination not to grant

Official Annotations archive.org, 2017 edition

History:

EnactedEn. SectionSec. 1, ChapterCh. 407, Laws ofL. 2001 (SB 326 - Taylor, Mike (R) SD 37)

AmendedAmd. SectionSec. 5, ChapterCh. 244, Laws ofL. 2011 (HB 166 - Esp, John (R) HD 61)

Source text on leg.mt.gov