Photo: Salt Cedar & Giant Cane along the Rio Grande, Big Bend National Park. © 2017 Delena Norris-Tull
Laws in Western States related to Noxious Weeds or Invasive Plants
Summaries and commentary prepared by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, May 2022.
Each State has several agencies and various laws related to management of noxious weeds or invasive species. In most States, the term "Noxious Weeds" is used in reference to invasive plants. And the term "invasive species" is often used in reference to aquatic species (both plants and animals). the Department of Agriculture is responsible for managing noxious weeds/invasive species within agriculture. And, typically, it is the Department of Agriculture that is responsible for identifying which species will be considered either noxious. In most States, but not all, the Counties share with the State the responsibilities for managing noxious weeds.
In each State, the Department of Transportation has various responsibilities for management of noxious weeds/invasive species in the rights-of-way, along roadways, and sometimes along railways. However, the railroad companies themselves are responsible for reimbursing States for the expense of managing invasive species adjacent to railroad lines, a responsibility they do not always honor.
In many States, the Department of Fish & Wildlife also has responsibilities, particularly in regards to invasive species that occur in wildlands and/or aquatic areas. And many States have a non-governmental agency or commission, typically with a title such as "Invasive Species Council" and/or "Invasive Plant Council," that also works on issues related to invasive species.
Each State has their own laws that regulate control of noxious weeds/invasive species. The development of those laws has been a long, slow process, with some States lagging behind others by decades. However, State-level response has, in general, been more rapid then has been the response of Federal Agencies. The Western States have led the rest of the country in developing laws and collaborations across State lines.
The link below provides the noxious weed and/or invasive species laws for each of twenty Western States.
Western States' list of Noxious Weeds or Invasive Plants
In the attached document, I provide a summary of the laws for each State, followed by a table that compares, side-by-side, the noxious weeds/invasive plants designated by each Western State.
In the section, “The Historical Record,” I provide additional details of the long history of the development of noxious weed management strategies in Western States.
Half of the Western States do not prohibit the naming of native plants as “noxious weeds.” Refer to the section “Native Plants” for discussion of the value of re-seeding with native species rather than only with non-native species. Restoring damaged lands by re-seeding with native plants is not mentioned within the State laws. This is likely because initially the laws were focused on controlling weeds in farmland rather than rangeland. More recently, States have added laws related to restoration of damaged rangeland. But those laws and policies typically mention restoring with “desirable plant species” and do not specifically mention using native plants. Unfortunately, some of the species that today are considered “noxious weeds” were at one time considered “desirable plants,” particularly some of the grasses long used for livestock forage, such as King Ranch bluestem, Johnsongrass, and vasey grass.
I am including both the Word version and pdf of these two documents. These documents include links to each State's laws and lists of noxious weeds or invasive species.
Please, send me corrections or updates to the State Laws or State Lists documents. I include the Word version, in case you want to make corrections within that document. When you download the Word or the pdf version, it should open properly, including links.
These documents were updated May 17, 2022.
Additional Sections on the History of Legislation:
Laws in Western States related to Noxious Weeds or Invasive Plants
Summaries and commentary prepared by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, May 2022.
Each State has several agencies and various laws related to management of noxious weeds or invasive species. In most States, the term "Noxious Weeds" is used in reference to invasive plants. And the term "invasive species" is often used in reference to aquatic species (both plants and animals). the Department of Agriculture is responsible for managing noxious weeds/invasive species within agriculture. And, typically, it is the Department of Agriculture that is responsible for identifying which species will be considered either noxious. In most States, but not all, the Counties share with the State the responsibilities for managing noxious weeds.
In each State, the Department of Transportation has various responsibilities for management of noxious weeds/invasive species in the rights-of-way, along roadways, and sometimes along railways. However, the railroad companies themselves are responsible for reimbursing States for the expense of managing invasive species adjacent to railroad lines, a responsibility they do not always honor.
In many States, the Department of Fish & Wildlife also has responsibilities, particularly in regards to invasive species that occur in wildlands and/or aquatic areas. And many States have a non-governmental agency or commission, typically with a title such as "Invasive Species Council" and/or "Invasive Plant Council," that also works on issues related to invasive species.
Each State has their own laws that regulate control of noxious weeds/invasive species. The development of those laws has been a long, slow process, with some States lagging behind others by decades. However, State-level response has, in general, been more rapid then has been the response of Federal Agencies. The Western States have led the rest of the country in developing laws and collaborations across State lines.
The link below provides the noxious weed and/or invasive species laws for each of twenty Western States.
Western States' list of Noxious Weeds or Invasive Plants
In the attached document, I provide a summary of the laws for each State, followed by a table that compares, side-by-side, the noxious weeds/invasive plants designated by each Western State.
In the section, “The Historical Record,” I provide additional details of the long history of the development of noxious weed management strategies in Western States.
Half of the Western States do not prohibit the naming of native plants as “noxious weeds.” Refer to the section “Native Plants” for discussion of the value of re-seeding with native species rather than only with non-native species. Restoring damaged lands by re-seeding with native plants is not mentioned within the State laws. This is likely because initially the laws were focused on controlling weeds in farmland rather than rangeland. More recently, States have added laws related to restoration of damaged rangeland. But those laws and policies typically mention restoring with “desirable plant species” and do not specifically mention using native plants. Unfortunately, some of the species that today are considered “noxious weeds” were at one time considered “desirable plants,” particularly some of the grasses long used for livestock forage, such as King Ranch bluestem, Johnsongrass, and vasey grass.
I am including both the Word version and pdf of these two documents. These documents include links to each State's laws and lists of noxious weeds or invasive species.
Please, send me corrections or updates to the State Laws or State Lists documents. I include the Word version, in case you want to make corrections within that document. When you download the Word or the pdf version, it should open properly, including links.
These documents were updated May 17, 2022.
Additional Sections on the History of Legislation: