As used in this article 5.5, unless the context
otherwise requires:
(1) (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)
(2) Alien plant means a plant species that is not indigenous to the state of
Colorado.
(3) (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)
(4) Commissioner means the commissioner of the department of
agriculture or the commissioner's designee.
(4.5) Department means the department of agriculture.
(5) District means a local governing body's geographic description of a
land area where noxious weeds are to be managed.
(6) (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)
(7) Federal agency means each agency, bureau, or department of the
federal government responsible for administering or managing federal land.
(8) Federal land manager means the federal agency having jurisdiction
over any federal lands affected by the provisions of this article.
(9) Integrated management means the planning and implementation of a
coordinated program utilizing a variety of methods for managing noxious weeds,
the purpose of which is to achieve specified management objectives and promote
desirable plant communities. Such methods may include but are not limited to
education, preventive measures, good stewardship, and the following techniques:
(a) Biological management, which means the use of an organism to disrupt
the growth of noxious weeds.
(b) Chemical management, which means the use of herbicides or plant
growth regulators to disrupt the growth of noxious weeds.
(c) Cultural management, which means methodologies or management
practices that favor the growth of desirable plants over noxious weeds, including
maintaining an optimum fertility and plant moisture status in an area, planting at
optimum density and spatial arrangement in an area, and planting species most
suited to an area.
(d) Mechanical management, which means methodologies or management
practices that physically disrupt plant growth, including tilling, mowing, burning,
flooding, mulching, hand-pulling, hoeing, and grazing.
(10) Landowner means any owner of record of federal, tribal, state, county,
municipal, or private land.
(10.5) Local advisory board means those individuals appointed by the local
governing body to advise on matters of noxious weed management.
(11) Local governing body means the board of county commissioners of a
county, the city council of a city and county or statutory or home rule city, the board
of trustees of a statutory town or home rule town, or the board of selectmen or city
council of a territorial charter municipality, as the context so requires.
(11.4) Local noxious weed means any plant of local importance that has
been declared a noxious weed by the local governing body.
(11.6) Management means any activity that prevents a plant from
establishing, reproducing, or dispersing itself.
(11.7) Management objective means the specific, desired result of
integrated management efforts and includes:
(a) Eradication which means reducing the reproductive success of a
noxious weed species or specified noxious weed population in largely uninfested
regions to zero and permanently eliminating the species or population within a
specified period of time. Once all specified weed populations are eliminated or
prevented from reproducing, intensive efforts continue until the existing seed bank
is exhausted.
(b) Containment which means maintaining an intensively managed buffer
zone that separates infested regions, where suppression activities prevail, from
largely uninfested regions, where eradication activities prevail.
(c) Suppression which means reducing the vigor of noxious weed
populations within an infested region, decreasing the propensity of noxious weed
species to spread to surrounding lands, and mitigating the negative effects of
noxious weed populations on infested lands. Suppression efforts may employ a
wide variety of integrated management techniques.
(d) Restoration which means the removal of noxious weed species and
reestablishment of desirable plant communities on lands of significant
environmental or agricultural value in order to help restore or maintain said value.
(12) Management plan means the noxious weed management plan
developed by any person or the local advisory board using integrated management.
(13) (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)
(14) Municipality has the meaning set forth in section 31-1-101 (6), C.R.S.
(15) Native plant means a plant species that is indigenous to the state of
Colorado.
(16) Noxious weed means an alien plant or parts of an alien plant that have
been designated by rule as being noxious or has been declared a noxious weed by a
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) The direct or indirect effect of the presence of this plant is detrimental to
the environmentally sound management of natural or agricultural ecosystems.
(16.2) Noxious weed management means the planning and implementation
of an integrated program to manage noxious weed species.
(17) Person or occupant means an individual, partnership, corporation,
association, or federal, state, or local government or agency thereof owning,
occupying, or controlling any land, easement, or right-of-way, including 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 right-of-way for a canal or lateral.
(18) Plant growth regulator means a substance used for controlling or
modifying plant growth processes without appreciable phytotoxic effect at the
dosage applied.
(18.5) State noxious weed means any noxious weed identified by the
commissioner by rule after notifying and consulting with the state noxious weed
advisory committee created in section 35-5.5-108.7.
(18.6) State weed coordinator means the state weed coordinator under
contract with or appointed by the commissioner pursuant to section 35-5.5-117.
(19) and (20) (Deleted by amendment, L. 96, p. 764, � 5, effective May 23,
1996.)
(21) Weed means any undesirable plant.