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Kootenai County, ID Invasive Plant Rules: Prohibited Species (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

County list
County can designate species the state hasn't listed (4-2-1, 4-2-2)
Petition
Any resident may petition for a designation (4-2-7(A))
Committee
5-member weed control advisory committee reviews requests (4-2-4)
Auto-repeal
Designation drops if state later lists same species (4-2-7(B))
Notice
Control notice published annually March 1-April 30 (4-2-8)
Penalty
Up to $1,000 fine and/or 1 year jail per violation (4-2-16)

Summary

Kootenai County can designate any nonnative, non-state-listed plant as a 'county noxious weed' through its own weed control advisory committee and board of county commissioners, separate from Idaho's statewide noxious weed list. Any resident can petition for a designation. Once named, landowners must control that species by prevention or eradication, and violators face fines up to one thousand dollars.

These county ordinances apply to unincorporated areas of Kootenai County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A. Designations: Any county resident may submit to the board of county commissioners a request for county noxious weed designation of a species if such request is in writing and includes reasons and a proposed plan for county action on such species. All nonnative plant species reliably reported to exist in the county, and all requests for county noxious weed designation, must be considered by the county weed control advisory committee for recommendation for county noxious weed designation to the board of county commissioners within six (6) months of request or recommendation to either the board of county commissioners or the county weed control advisory committee.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-10: Code current through: Ord. 633, passed December 23, 2025).

Full Breakdown

Kootenai County Code 4-2-1 lets the county designate weeds that the Idaho department of agriculture has not listed as noxious under Idaho Code title 22, chapter 24, but that still threaten public welfare in the county; these become 'county noxious weeds' under 4-2-2. Any county resident can submit a written request to the board of county commissioners for a species to be designated, including reasons and a proposed control plan, under 4-2-7(A). The county weed control advisory committee, a five-member panel appointed to staggered two-year terms under 4-2-4, must consider every such request and every nonnative species reliably reported in the county within six months, and keep permanent records of its findings.

Under 4-2-7(B), a species becomes a county noxious weed only after the committee recommends a written action plan, including any special management zones, and the board of county commissioners approves it by separate resolution listing the weed by common and scientific name; if the state later designates that same species noxious under Idaho Code, the county designation automatically drops away. Control obligations follow under 4-2-5: every landowner, organization and agency in the county must control county noxious weeds on land they own or manage, through prevention or eradication unless a special management zone applies.

The county weed superintendent can enter land to check compliance if a reasonable attempt was made to contact the owner first, under 4-2-3(C). A general control notice runs in a local newspaper every year between March 1 and April 30 under 4-2-8, and the county can also serve individual notices, quarantine infested land, and recover control costs as a lien on the property if unpaid after sixty days.

Violations & Fines

Failing to control a designated county noxious weed, entering quarantined land, moving a regulated article without authorization, or otherwise violating this chapter is a misdemeanor under 4-2-16, punishable by a fine up to one thousand dollars, up to a year in jail, or both, for each violation; fines go to the county noxious weed fund. Control authorities and law enforcement can issue citations directly.

Frequently Asked Questions

Does Kootenai County have its own invasive-plant list beyond Idaho's state noxious weed list?
Yes. Under 4-2-1 and 4-2-2, the county can designate a 'county noxious weed' for any nonnative species that threatens public welfare but hasn't been listed as noxious by the Idaho department of agriculture under state law. The board of county commissioners approves each designation by separate resolution after review by the county weed control advisory committee.
Can I ask the county to add a specific invasive plant to its list?
Yes. Section 4-2-7(A) lets any county resident submit a written request to the board of county commissioners, including reasons and a proposed control plan for the species. The weed control advisory committee must consider every request, and every nonnative species reliably reported in the county, within six months and keep a permanent record of its decision.
What happens if my land has a designated county noxious weed on it?
You are responsible for controlling it through prevention or eradication under 4-2-5. The county publishes a general control notice every year between March 1 and April 30, and can also serve an individual notice on your property; if you don't act within five working days of an individual notice, the county can do the work itself and bill you, per 4-2-8.
What's the penalty for ignoring a county noxious weed notice?
It's a misdemeanor under 4-2-16, carrying a fine of up to one thousand dollars, up to a year in jail, or both, for each violation, with fines credited to the county noxious weed fund. Control authorities and law enforcement officers can issue citations directly for any violation of the chapter.

Sources & Official References

Other rules in Kootenai County

All Kootenai County rules

Compare Kootenai County to another location·View the Idaho invasive plant rules overview

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