ARTICLE 12:62
WEED AND PEST CONTROL
Chapter
12:62:01 Weed control commission, Repealed.
12:62:02 Definitions.
12:62:03 Weeds and pests.
12:62:04 County weed control, Repealed.
12:62:05 Educational processes, Repealed.
12:62:06 Weed control practices, Repealed.
12:62:07 Designation of locally noxious weeds and declared pests.
12:62:08 Requirements for county programs, Repealed.
12:62:09 County weed and pest boards.
12:62:10 County weed supervisors, Repealed.
12:62:11 Enforcement procedures.
12:62:12 Records and reports.
CHAPTER 12:62:01
WEED CONTROL COMMISSION
(Repealed. 10 SDR 83, effective February 7, 1984)
12:62:02:01. Definitions. Words defined in SDCL 38-22-1.2 have the same meaning when used in this article. In addition, terms used in this article have the following meaning:
(1) "Community," a township, a natural or artificial geographical area, or a subdivision of a board member area as designated by the board and represented by a community representative;
(2) "Declared pest," a pest which the commission has designated as sufficiently detrimental to the state to warrant enforcement of control measures;
(3) "Locally declared pest," a pest which the commission has designated in one or more counties for enforcement of control measures;
(4) "Locally noxious weed," a noxious weed which the commission has designated in one or more counties for enforcement of control measures;
(5) "Noxious weed," a weed which the commission has designated as sufficiently detrimental to the state to warrant enforcement of control measures.
Source: SL 1975, ch 16, § 1; 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 22 SDR 52, effective October 25, 1995; 23 SDR 185, effective May 8, 1997.
General Authority: SDCL 38-22-9, 38-22-11.1.
WEEDS AND PESTS
Section
12:62:03:01 Characteristics of noxious weed.
12:62:03:01.01 Characteristics of declared pest.
12:62:03:01.02 Repealed.
12:62:03:01.03 Repealed.
12:62:03:01.04 Repealed.
12:62:03:01.05 Declared pests.
12:62:03:01.06 Statewide noxious weeds.
12:62:03:01.07 List of weeds and pests for use in declaring locally noxious weeds or declared pests.
12:62:03:02 Repealed.
12:62:03:03 Transferred.
12:62:03:04 Transferred
12:62:03:05 Transferred.
12:62:03:06 Additions to and deletions from noxious weed and declared pest lists.
12:62:03:07 Emergency designation of noxious weed or declared pest.
12:62:03:01. Characteristics of noxious weed. A noxious weed possesses the following characteristics:
(1) The weed is a perennial;
(2) The weed is capable of unique and rapid spreading and growth under adverse conditions;
(3) The weed is not controllable without special preventive chemical, mechanical, biological, and cultural practices;
(4) The weed is capable of materially reducing the production of crops or livestock;
(5) The weed is capable of decreasing the value of the land; and
(6) The weed is not native to the state.
Source: SL 1975, ch 16, § 1; 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 22 SDR 52, effective October 25, 1995; readopted, 23 SDR 185, effective May 8, 1997.
General Authority: 38-22-7, 38-22-9, 38-22-11.1.
Law Implemented: 38-22-7, 38-22-9.
12:62:03:01.01. Characteristics of declared pest. A declared pest possesses the following characteristics:
(1) The pest is capable of spreading rapidly by natural means in a previously uninfested area;
(2) The pest is not controllable without special preventive, chemical, biological, and cultural practices;
(3) The pest is capable of materially reducing the production of crops and livestock.
Source: 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 22 SDR 52, effective October 25, 1995; readopted, 23 SDR 185, effective May 8, 1997.
General Authority: 38-22-7, 38-22-9, 38-22-11.1.
Law Implemented: 38-22-7, 38-22-9.
12:62:03:01.02. Exotic noxious weeds.Repealed.
Source: 22 SDR 52, effective October 25, 1995; repealed, 23 SDR 185, effective May 8, 1997.
12:62:03:01.03. Primary noxious weeds.Repealed.
Source: 22 SDR 52, effective October 25, 1995; repealed, 23 SDR 185, effective May 8, 1997.
12:62:03:01.04. Secondary noxious weeds.Repealed.
Source: 22 SDR 52, effective October 25, 1995; repealed, 23 SDR 185, effective May 8, 1997.
12:62:03:01.05. Declared pests. The following pests are declared pests statewide:
(1) Gypsy moth.
Source: 22 SDR 52, effective October 25, 1995; repealed, 23 SDR 185, effective May 8, 1997; readopted, 24 SDR 176, effective June 21, 1998; 29 SDR 152, effective May 18, 2003.
General Authority: SDCL 38-22-9, 38-22-11.1.
12:62:03:01.06. Statewide noxious weeds. The following weeds are declared to be noxious statewide:
(1) Absinth wormwood (Artemisia absinthium);
(2) Canada thistle (Cirsium arvense);
(3) Hoary cress (Lepidium draba);
(4) Leafy spurge (Euphorbia esula);
(5) Perennial sow thistle (Sonchus arvensis);
(6) Purple loosestrife (Lythrum salicaria); and
(7) Salt Cedar (Tamarix ramosissima).
Source: 24 SDR 47, effective October 21, 1997; 31 SDR 191, effective May 29, 2005; 47 SDR 4, effective July 27, 2020.
General Authority: 38-22-9, 38-22-11.1.
Law Implemented: 38-22-7, 38-22-9.
12:62:03:01.07. List of weeds and pests for use in declaring locally noxious weeds or declared pests. A county board may select weeds or pests from the following list or may request declaration of other weeds that meet the requirements of §§ 12:62:07:01 and 12:62:07:02, when the board requests from the commission a declaration of locally noxious weeds or a designation of pests under § 12:62:07:03:
(1) Black henbane (Hyoscyamus niger L.);
(2) Bull thistle (Cirsium vulgare);
(3) Chicory (Cichorium intybus);
(4) Common burdock (Arctium minus);
(5) Common mullein (Verbascum thapsus);
(6) Common tansy (Tanacetum vulgare);
(7) Dalmation toadflax (Linaria dalmatica);
(8) Diffuse knapweed (Centaurea diffusa);
(9) Field bindweed (Convolvulus arvensis);
(10) Flowering rush (Butomus umbellatus L.);
(11) Giant knotweed (Polygonum sachalinense);
(12) Houndstongue (Cynoglossum officinale);
(13) Japanese beetle (Popillia japonica);
(14) Mountain pine beetle (Dendroctonus ponderosae);
(15) Musk and plumeless thistles (Carduus nutans and Carduus acanthoides);
(16) Oxeye daisy (Chrysanthemum leucanthemu);
(17) Palmer amaranth (Amaranthus palmeri);
(18) Phragmites (Phragmites australis subsp. Australis; Haplotyme M);
(19) Poison hemlock (Conium maculatum);
(20) Puncturevine (Tribulus terrestris);
(21) Scotch thistle (Onopordum acanthium);
(22) Spotted knapweed (Centaurea maculosa);
(23) St. Johnswort (Hypericum perforatum);
(24) Sulfur cinquefoil (Potentilla recta L.);
(25) White horehound (Marrubium vulgare);
(26) Wild parsnip (Pastinaca sativa); and
(27) Yellow toadflax (Linaria vulgaris).
Source: 24 SDR 47, effective October 21, 1997; 26 SDR 55, effective October 27, 1999; 28 SDR 174, effective June 23, 2002; 29 SDR 152, effective May 18, 2003; 30 SDR 203, effective June 24, 2004; 32 SDR 183, effective May 9, 2006; 34 SDR 322, effective July 1, 2008; 35 SDR 305, effective June 30, 2009; 36 SDR 208, effective June 29, 2010; 37 SDR 215, effective June 1, 2011; 38 SDR 220, effective June 26, 2012; 39 SDR 219, effective June 24, 2013; 41 SDR 180, effective May 18, 2015; 47 SDR 4, effective July 27, 2020; 50 SDR 5, effective July 16, 2023.
General Authority: 38-22-9, 38-22-11.1.
Law Implemented: 38-22-7, 38-22-9.
12:62:03:02. Weeds declared noxious in state.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:03:03. Transferred to § 12:62:07:01.
12:62:03:04. Transferred to § 12:62:07:03.
12:62:03:05. Transferred to § 12:62:07:04.
12:62:03:06. Additions to and deletions from noxious weed and declared pest lists. The commission shall evaluate additions and deletions to the noxious weed and declared pest lists at its annual meeting. Commissioners shall consider all requests for changes to the noxious weed and declared pest lists.
Source: 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 22 SDR 52, effective October 25, 1995.
General Authority: SDCL 38-22-9, 38-22-11.1.
12:62:03:07. Emergency designation of a noxious weed or declared pest. With the concurrence of the chair of the commission, the secretary may make an emergency designation of a noxious weed or declared pest. The emergency designation remains in effect for 180 days.
Source: 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 22 SDR 52, effective October 25, 1995; 23 SDR 185, effective May 8, 1997.
General Authority: SDCL 38-22-9, 38-22-11.1.
CHAPTER 12:62:05
EDUCATIONAL PROCESSES
(Repealed. 10 SDR 83, effective February 7, 1984)
CHAPTER 12:62:06
WEED CONTROL PRACTICES
(Repealed. 10 SDR 83, effective February 7, 1984)
CHAPTER 12:62:07
DESIGNATION OF LOCALLY NOXIOUS WEEDS AND DECLARED PESTS
Section
12:62:07:01 Characteristics of locally noxious weed.
12:62:07:02 Characteristics of locally declared pest.
12:62:07:03 Request for designation as locally noxious weed or declared pest.
12:62:07:04 Weed and pest designated locally noxious weed or declared pest for five years.
12:62:07:05 Emergency designation of locally noxious weed or declared pest.
12:62:07:01. Characteristics of locally noxious weed. The commission may designate as a locally noxious weed a weed possessing the following characteristics:
(1) The weed is biennial, perennial, or a pernicious annual;
(2) The weed is capable of spreading rapidly;
(3) The weed is not controllable without special preventive chemical, mechanical, biological, and cultural practices;
(4) The weed is capable of materially reducing the production of crops or livestock;
(5) The weed is capable of decreasing the value of the land.
Source: SL 1975, ch 16, § 1; transferred from § 12:62:03:03, 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 22 SDR 52, effective October 25, 1995; readopted, 23 SDR 185, effective May 8, 1997.
General Authority: 38-22-7, 38-22-9, 38-22-11.1.
Law Implemented: 38-22-7, 38-22-9.
12:62:07:02. Characteristics of locally declared pest. The commission may designate as a locally declared pest a pest possessing the following characteristics:
(1) The pest is capable of spreading rapidly by natural means in a previously uninfested area;
(2) The pest is not controllable without special preventive chemical, mechanical, biological, and cultural practices;
(3) The pest is capable of materially reducing the production of crops and livestock.
Source: 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; repealed, 22 SDR 52, effective October 25, 1995; readopted, 23 SDR 185, effective May 8, 1997.
General Authority: 38-22-7, 38-22-9, 38-22-11.1.
Law Implemented: 38-22-7, 38-22-9.
12:62:07:03. Request for designation as locally noxious weed or declared pest. Each board may request the commission to designate not more than eight species of weed or pest as locally noxious or declared for the county. Not more than eight species may be designated as locally noxious or declared by the commission at any one time.
Source: SL 1975, ch 16, § 1; transferred from § 12:62:03:04, 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 22 SDR 52, effective October 25, 1995; 28 SDR 174, effective June 23, 2002.
General Authority: SDCL 38-22-9, 38-22-11.1.
Law Implemented: SDCL 38-22-7, 38-22-9, 38-22-32.
Cross-Reference: List of weeds for use in declaring locally noxious weeds, § 12:62:03:01.07.
12:62:07:04. Weed and pest designated locally noxious weed or declared pest for five years. Locally noxious weeds and declared pests retain their designation for five years, unless removed from the list by the commission.
Source: SL 1975, ch 16, § 1; transferred from § 12:62:03:05, 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
12:62:07:05. Emergency designation of locally noxious weed or declared pest. The secretary may with the concurrence of the chair of the commission make an emergency designation of a noxious weed or locally declared pest. The pest shall remain a noxious weed or a locally declared pest for 180 days.
Source: 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 23 SDR 185, effective May 8, 1997.
CHAPTER 12:62:08
REQUIREMENTS FOR COUNTY PROGRAMS
(Repealed. 10 SDR 83, effective February 7, 1984)
COUNTY WEED AND PEST BOARDS
Section
12:62:09:01 Board to direct, develop, present, and adopt weed and pest control program.
12:62:09:01.01 Number and time of board meetings.
12:62:09:02 Repealed.
12:62:09:03 Repealed.
12:62:09:04 Repealed.
12:62:09:05 Reserved.
12:62:09:06 Repealed.
12:62:09:07 Repealed.
12:62:09:08 Repealed.
12:62:09:09 Repealed.
12:62:09:10 Repealed.
12:62:09:11 Repealed.
12:62:09:12 Reserved.
12:62:09:13 Repealed.
12:62:09:14 Repealed.
12:62:09:01. Board to direct, develop, present, and adopt weed and pest control program. Each board shall direct, develop, present, and adopt a program in cooperation with state and federal agencies for the control of noxious weeds and declared pests.
Source: SL 1975, ch 16, § 1; 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
12:62:09:01.01. Number and time of board meetings. The board shall conduct at least four paid meetings a year. The annual meeting shall be held before March 31. The annual inspection shall be made after July 1.
Source: 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-22-7, 38-22-11.
Law Implemented: SDCL 38-22-7, 38-22-23.10, 38-22-32.
12:62:09:02. Officers.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:09:03. Terms of office.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:09:04. Certification of election to be sent to state weed control office.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:09:05. Reserved.
12:62:09:06. County weed board budget.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:09:07. Board expenses to be approved by board prior to submission to county commission.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:09:08. Responsibility for county highway weed control.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:09:09. Setting of community boundaries by county weed board.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:09:10. Minimum number of communities in county.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:09:11. Weed board to set elections.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:09:12. Reserved.
12:62:09:13. Time of elections of community representatives.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:09:14. Election of community representatives after organization.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
CHAPTER 12:62:10
COUNTY WEED SUPERVISORS
(Repealed. 10 SDR 83, effective February 7, 1984)
ENFORCEMENT PROCEDURES
Section
12:62:11:01 Repealed
12:62:11:02 Repealed.
12:62:11:03 Repealed.
12:62:11:04 Procedure when voluntary cooperation not obtained.
12:62:11:05 Action of secretary in cases referred by board.
12:62:11:01. Informational investigations of noxious weeds.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:11:02. Enforcement procedures to be commenced upon refusal of voluntary cooperation with weed control program.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:11:03. Time to comply with notice.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:11:04. Procedure when voluntary cooperation not obtained. When voluntary cooperation is not obtained the board may refer the matter to the secretary.
Source: SL 1975, ch 16, § 1; 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
12:62:11:05. Action of secretary in cases referred by board. The secretary shall review board requests for assistance with noncompliance cases and may accept or reject them. The decision to accept or reject shall be based on the following criteria:
(1) Control efforts of the landowner or operator;
(2) Control and enforcement efforts on adjoining land;
(3) Local board efforts and results;
(4) An evaluation of the menace to neighboring lands of the infestation; and
(5) Board publication of a legal notice of the noxious weeds, declared pests, and commission approved locally noxious weeds and locally declared pests before April 1 of each year or at least 30 days before the filing of a request for assistance.
All requests for assistance shall be made on a form approved by the commission. Once accepted, a case will remain under departmental jurisdiction until released by the department.
Source: 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-22-7, 38-22-11.
Law Implemented: SDCL 38-22-16, 38-22-16.1, 38-22-32.
RECORDS AND REPORTS
Section
12:62:12:01 Submission and completion dates of board reports.
12:62:12:02 Repealed.
12:62:12:03 Repealed.
12:62:12:04 Minutes of board meetings.
12:62:12:05 Repealed.
12:62:12:01. Submission and completion dates of board reports. The following are the submission and completion dates of reports required of the board:
(1) The yearly report shall be submitted on a form approved by the commission to the state weed and pest coordinator by January 31;
(2) The report of the annual inspection shall be submitted on a form approved by the commission to the state weed and pest coordinator by November 1. The report shall be made available to the public by November 1;
(3) The program for the control of noxious weeds and declared pests shall be submitted on a form approved by the commission to the state weed and pest coordinator by April 1.
Source: SL 1975, ch 16, § 1; 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-22-7, 38-22-11.
Law Implemented: SDCL 38-22-7, 38-22-23.10, 38-22-32.
12:62:12:02. Records of county weed board.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:12:03. County weed map.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
12:62:12:04. Minutes of board meetings. The board shall submit minutes to the state weed and pest coordinator within 10 days after each meeting.
Source: SL 1975, ch 16, § 1; 10 SDR 83, effective February 7, 1984; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-22-7, 38-22-11.
Law Implemented: SDCL 38-22-23.10, 38-22-32.
12:62:12:05. Distribution of reports of county weed board.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 10 SDR 83, February 7, 1984.
