77-1-126. Notice of noncompliance. - Montana Statutes

     77-1-126. Notice of noncompliance. (1) When the department finds that noxious weeds on leased state land or on state land subject to a license or permit have not been controlled as required by 7-22-2116, the lease, the license, or the permit, the department shall contact the lessee, licensee, or permittee and require that a weed management and control program be implemented. The lessee, licensee, or permittee may request that an inspection of the state land be made with department staff. The department shall seek voluntary compliance with a noxious weed management and control program for the state lands prior to issuing a notice of noncompliance. If the lessee, licensee, or permittee fails to implement a weed management and control program when directed by the department, the department shall notify the lessee, licensee, or permittee by mail of the noncompliance. The notice must specify:
     (a) the basis for the determination of noncompliance;
     (b) the geographic location of the area of noncompliance by legal description or other reasonably identifiable description;
     (c) measures to be undertaken in order to comply with the weed control responsibilities of the lease, license, or permit;
     (d) a reasonable period of time, not less than 15 days, in which compliance measures must be initiated;
     (e) the right of the person to request, within 15 days, an administrative hearing as provided by 77-1-128; and
     (f) the right of the person to request an extension if the measures in subsection (1)(c) cannot be implemented due to climatic or growing conditions.
     (2) At least 2 weeks prior to sending a notice of noncompliance, the department shall send by certified mail to the lessee, licensee, or permittee a final notice that the weed management and control program has not been implemented.
     (3) This section may not be construed to interfere with the right of the owner of property adjacent to a navigable river or stream to control noxious weeds on the land adjacent to the navigable river or stream.

     History: En. Sec. 2, Ch. 164, L. 2007; amd. Sec. 7, Ch. 472, L. 2009.