Interest in and questions about the
noxious weed law in Wisconsin and other regulations regarding
weeds have increased in recent years. The periodic inspection of
CRP land has spurred some to take action to enforce the control
of Canada thistle in particular. Some people are confused as to
what species are noxious weeds and most agricultural
professionals have not seen the noxious weed law as it exists
"on the books" as municipal law 66.96 and subsequent
chapters. Therefore they are reproduced verbatim as follows.
66.96 Noxious
weeds. (1) The term "destroy" means the
complete killing of weeds or the killing of weed plants above
the surface of the ground by the use of chemicals, cutting,
tillage, cropping system, pasturing livestock, or any or all of
these in effective combination, at such time and in such manner
as will effectually prevent such plants from maturing to the
bloom or flower stage.
(2) The term "noxious
weeds" as used in this chapter includes the following:
Canada thistle, leafy spurge and field bindweed (creeping Jenny)
and any other such weeds as the governing body of any
municipality or the county board of any county by ordinance or
resolution declares to be noxious within its respective
boundaries.
(3) Every person shall destroy
all noxious weeds on all lands which he shall own, occupy or
control. The person having immediate charge of any public lands
shall destroy all noxious weeds on such lands. The highway
patrolman on all federal, state or county trunk highways shall
destroy all noxious weeds on that portion of the highway which
he patrols. The town board shall cause to be destroyed all
noxious weeds on the town highways.
(4) The chairperson of each town,
the president of each village and the mayor or manager of each
city shall annually on or before May 15 publish a class 2
notice, under ch. 985, that every person is required by law to
destroy all noxious weeds, as defined in this section, on lands
in the municipality which the person owns, occupies or controls.
A town, village or city which has designated as its official
newspaper or which uses for its official notices the same
newspaper as any other town, village or city may publish the
notice under this subsection in combination with the other town,
village or city.
History: 1975 c. 394 s. 12; 1975
c. 421; Stats. 1975 s. 66.96; 1983 a. 112, 189; 1989 a. 56 s
258.
See note to 80.01 citing Walker
v. Bignell, 100 W (2d) 256, 301 NW (2d) 447 (1981).
66.97 Weed
commissioner; appointment, oath, term; exception.
The chairperson of each town, the president of each village, and
the mayor of each city, shall appoint one or more commissioners
of noxious weeds therein on or before May 15 in each year; such
weed commissioner shall take the official oath, which oath shall
be filed in the office of the town, village or city clerk, and
shall hold office for one year and until a successor has
qualified. If more than one commissioner is appointed, the town,
city or village shall be divided into districts by the officer
making the appointment, and each commissioner shall be assigned
to a different district. The town chairperson, village president
or city mayor may appoint a resident of any district to serve as
weed commissioner in any other district of the same town,
village or city. This section shall not apply to cities of the
1st class, but in such cities the aldermanic district
superintendent shall perform the duties of commissioners of
weeds.
History: 1971 c. 304 s. 29 (1);
1975 c. 394 s. 12; 1975 c. 421; Stats. 1975 s. 66.97; 1989 a. 56
s. 258.
66.98 Duties; powers;
collection of tax. (1) Every weed commissioner shall
carefully investigate concerning the existence of noxious weeds
in the district; and if any person therein neglects to destroy
any weeds as required by s. 66.96, the weed commissioner shall,
after first giving 5 days written notice by mail to the owner or
occupant and in cities and villages without giving such written
notice, destroy or cause all such weeds to be destroyed, in the
manner deemed to be the most economical method, and for each day
devoted to doing so the weed commissioner shall receive such
compensation as is determined by the town board, village board
or city council upon presenting to the proper treasurer the
account therefor, verified by oath and approved by the
appointing officer. Such account shall specify by separate items
the amount chargeable to each piece of land, describing the
same, and shall, after being paid by the treasurer, be filed
with town, city or village clerk, who shall enter the amount
chargeable to each tract of land in the next tax roll in a
column headed "For the Destruction of Weeds," as a tax
on the lands upon which such weeds were destroyed, which tax
shall be collected under ch. 74, except in case of lands which
are exempt from taxation in the usual way. A delinquent tax may
be collected as is a delinquent real property tax under chs. 74
and 75 or as is a delinquent personal property tax under ch. 74.
In case of railroad or other lands not taxed in the usual way
the amount chargeable against the same shall be certified by the
town, city or village clerk to the state treasurer who shall add
the amount designated therein to the sum due from the company
owning, occupying or controlling the lands specified, and the
treasurer shall collect the same therefrom as prescribed in
subch. I of ch. 76, and return the amount collected to the town,
city or village from which such certificate was received. Any
such commissioner may after written notice given as herein
provided and in cities and villages without giving such written
notice, enter upon any lands upon which any of the weeds
mentioned in s. 66.96 are growing, and cut or otherwise destroy
them, without being liable to an action for trespass or any
other action for damages resulting from such entry and
destruction, if reasonable care is exercised in the performance
of the duty hereby imposed.
(2) For each day consumed by
the commissioners in carrying out their duties other than the
destruction weeds, they shall receive such compensation as may
be determined by the village board, town board or city council
to be paid out of the city, village or town treasury.
History: 1975 c. 394 ss. 12,
27; 1975 c. 421; Stats. 1975 s. 66.98; 1979 c. 102 s. 237;
1987 a. 378.
A newer chapter of the statutes
defines and establishes "nuisance" weeds to include
purple loosestrife and multiflora rose. The chapter precedes the
section of the statutes on noxious weeds and reads as follows:
66.955 Nuisance weeds.
(1) In this section, "nuisance weeds" means any
nonnative member of the genus Lythrum (purple loosestrife) or
hybrids thereof and multiflora rose.
(2) Except as provided in sub.
(3), no person may sell, offer for sale, distribute, plant or
cultivate any nuisance weed or seeds thereof.
(3) The department of natural
resources may conduct research on the control of nuisance
weeds. The secretaries of natural resources and of
agriculture, trade and consumer protection may authorize any
person to plant or cultivate nuisance weeds for the purpose of
controlled experimentation.
(4) The department of natural
resources shall make a reasonable effort to implement a
statewide program for education, research, control and
containment of purple loosestrife under s. 23.23.
(5) Any person who knowingly
violates this section shall forfeit not more than $100. Each
violation of this section is a separate offense.
History: 1987 a. 41.
Another chapter (23.23) in the
Conservation section of the statutes further details the
responsibilities of the Department of Natural Resources to control
purple loosestrife. This chapter was also approved in 1987 and
mandates educational as well as control programs and activities.
Chapters on agricultural and vegetable
seeds (94.38) and feed (94.72) also contain definitions and
regulations regarding weeds in these commodities. Noxious weeds in
the seed and feed laws differ from those in the noxious weed law
by including quackgrass. The seed law also defines a list of
restricted weeds which are allowed in small quantities in field
crop and vegetable seeds.
The fact that we have not eradicated
the three "official" noxious weeds by passing the
noxious weed law is not surprising, nor does it mean that the law
has been totally ineffective. Even though few land owners have
been sent notices to control these species, the law has served to
highlight their aggressive nature of growth and difficulty of
control. And hopefully it has also served to alert those land
owners who do not have these weeds, or who only have small areas
infested, to take appropriate action to prevent them from becoming
more wide spread.
