176.051 Department to eradicate noxious weeds and invasive plants on
425 words·~2 min read·
/ky/176-051A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
rights-of-way -- Advertisement of program -- Administrative regulations.
(1)The Department of Highways shall keep all state rights-of-way free of all of the
following, which are noxious weeds and invasive plants:
(a)The species of grass, Sorghum halepense, commonly known as Johnson
grass;
(b)The species of weed commonly known as giant foxtail;
(c)The thistles Cirsium arvense and Carduus nutans, commonly known as
Canada thistles and nodding thistles, respectively;
(d)Multiflora rose;
(e)Kudzu;
(f)Poison hemlock;
(g)Marestail;
(h)Amur honeysuckle;
(i)Japanese knotweed; and
(j)Common teasel.
(2)Upon written request, the department shall give priority to and shall cooperate
with any abutting property owner engaged in a program of eradication by
eradicating the noxious weeds and invasive plants identified in subsection
of this section, or in administrative regulations promulgated pursuant to
subsection
(4)of this section, from abutting state rights-of-way. The
department shall take steps to eradicate this grass and these weeds or thistles
by the use of chemicals or any other means found to be effective by the
department.
(3)The Department of Highways shall inform property owners of the availability of
the eradication program. In carrying out this responsibility the department shall,
no later than the first week in March of every year, advertise in each county,
pursuant to the provisions of KRS Chapter 424 that the program is available.
The department shall stipulate in the advertisement the place and manner in
which an interested property owner may make a written request for inclusion in
the program. The department shall also promote awareness of the availability
of the eradication program through the use of electronic media and the
Cooperative Extension Service.
(a)The Department of Highways may by administrative regulation add
noxious weeds and invasive plants to or delete them from the list of
noxious weeds and invasive plants enumerated in subsection
(1)of this
section. In making a determination regarding a noxious weed or invasive
plant, the department may consider the following:
1. The plant's ability to directly or indirectly injure or cause damage to
crops, livestock, poultry, or other interests of agriculture;
2. The plant's impact on the public health;
3. The plant's impact on the environment; and
4. The level of difficulty associated with controlling or eradicating the
plant.
(b)The department shall review this administrative regulation at least once
every four
(4)years.
(c)For purposes of this subsection, "livestock" means cattle, sheep, swine,
goats, horses, alpacas, llamas, buffaloes, and any other animals of the
bovine, ovine, porcine, caprine, equine, or camelid species.