§ 11-5-109 — 11-5-109. Inspection of land; remedial requirements; cost to landowner

Wyoming § 11-5-109

• Jurisdiction: Wyoming
• Title 11: Agriculture, Livestock and Other Animals
• Ch. 5: WEED AND PEST CONTROL
• Art. 1: IN GENERAL

Text

(a) Whenever the district board has probable cause to
believe that a landowner's property is infested by weeds or
pests which are liable to spread and contribute to the injury or
detriment of others and the board has provided written notice of
probable cause to the landowner, it shall make or have made an
inspection of the suspected premises through the use of lawful
entry procedures. No entry upon any premises, lands or places
shall be permitted under this subsection until the landowner or
occupant has been notified by certified mail and, if the
landowner has consented to receive notices electronically, by
electronic means that provide actual notice to the landowner or
occupant that the inspection is pending at least fifteen (15)
days prior to the inspection. If possible, inspections shall be
scheduled and conducted with the concurrence of the landowner or
occupant. If, after receiving notice that an inspection is
pending, the landowner or occupant denies access to the district
supervisor or the supervisor's designee, the supervisor may seek
an administrative inspection warrant issued by a municipal,
circuit or district court having jurisdiction over the land. No
landowner shall deny access to land when presented with an
administrative inspection warrant issued by a court. The court
shall issue an administrative inspection warrant upon
presentation by the district board, through its agent or
employee, of an affidavit stating:
(i) The information that gives the district board
probable cause to believe that any provision of this chapter is
being or has been violated;
(ii) That the landowner or occupant has denied access
to the district supervisor or the supervisor's designee or has
not responded within fifteen (15) days of receiving notice; and
(iii) A particularized description of the location of
the affected land.
(b) If the suspected area is found to be infested, the
district board, by resolution adopted by two-thirds (2/3) of its
members, shall confirm such fact. The resolution may set forth
minimum remedial requirements for control of the infested area,
provided that:
(i) The remedial requirements are likely to be
effective in controlling an infestation of the species in
question at the infested area;
(ii) The board includes potential estimated costs if
available;
(iii) The benefits, both economic and environmental,
exceed the estimated costs of the remedial requirements;
(iv) The board may assist the landowner in developing
an integrated pest management plan for the species in question;
and
(v) The landowner may propose alternate remedial
requirements.
(c) The district board shall deliver, by certified mail,
to the address of the landowner appearing on the most recent tax
rolls of the district and, if the landowner has consented to
receive notices electronically, by electronic means that provide
actual notice to the landowner all of the following:
(i) A copy of the resolution;
(ii) A statement of the estimated cost to the
landowner of fulfilling the requirements and the amount that may
be shared with the landowner, as determined by district board
policy.
(iii) Repealed by Laws 2020, ch. 135, § 2.
(d) At the request of the landowner, the district board
shall hold a hearing in accordance with the Wyoming
Administrative Procedure Act. The landowner may appeal the
board's resolution to the district court.
(e) A landowner who is responsible for an infestation and
fails or refuses to perform the remedial requirements for the
control of the weed or pest on the infested area within the time
designated in the district board's resolution may be fined not
more than fifty dollars ($50.00) per day for each day of
violation and not more than a total of two thousand five hundred
dollars ($2,500.00) per year as determined by the court. Any
person accused under this act is entitled to a trial by jury.
The accumulated fines under this section are a lien against the
property of the landowner from the day notice is delivered to
the landowner by the district board. All fines shall be
deposited with the county treasurer and credited to the county
school fund.