Nebraska Noxious Weed Control Act Duty

Section 2-952 of the Nebraska Revised Statutes states plainly: every landowner or occupant must control the spread of noxious weeds on land they own or control, using methods set out in rules and regulations the Department of Agriculture director adopts under the Noxious Weed Control Act. Enforcement runs through each county's control authority and its weed control superintendent, who investigates infestations and issues notices under § 2-955.

Notice comes in two forms. General notice is published in a local newspaper by May 1 each year. Individual notice is served on a specific landowner and can follow one of two tracks: a 10-day track, used when the weeds are advanced enough to require immediate control, after which the control authority may enter the land, destroy the infestation (including growing crops if necessary), and charge the cost to the owner; or a 15-day track, which carries infraction exposure of $100 per day of noncompliance, up to $1,500, and gives the landowner the right to request a hearing before the control authority under § 2-955(2).

If costs are incurred on the 10-day track, the control authority certifies the amount to the county treasurer after two months unpaid; the expense becomes a lien on the land as a special assessment, added to the property tax roll and bearing interest at the tax rate under § 2-955(3)(b). An owner who disputes a control charge can file a written protest with the county board within 15 days and, if still dissatisfied, appeal further under the Administrative Procedure Act per § 2-960.

Beyond the fine for noncompliance, § 2-963 makes it a Class IV misdemeanor to intrude on quarantined land, move regulated articles, block a control authority's lawful entry, or otherwise interfere with enforcement of the Act. County attorneys are statutorily required to prosecute violations of §§ 2-955 and 2-963 without delay once notified by the county board or control authority.

Failing to control noxious weeds within 15 days of an individual notice is an infraction under §§ 29-431 to 29-438, carrying a fine of $100 per day of violation, up to $1,500 for 15 days of noncompliance. Interfering with a control authority's entry, moving quarantined articles, or otherwise obstructing enforcement is a Class IV misdemeanor under § 2-963. Unpaid control costs become a special-assessment lien on the property (§ 2-955(3)(b)), collected with interest through the county tax roll, and the county attorney must prosecute reported violations without delay.