Ord No. 1295A corrected clarifying intended Administration of County Noxious Weed Assessment. BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
A CORRECTED ORDINANCE ) ORDINANCE NO 1295A
CLARIFYING THE INTENDED )
ADMINISTRATION OF THE COUNTY )
NOXIOUS WEED ASSESSMENT )
WHEREAS, RCW 17 10 creates noxious weed control boards in each county of the state
of Washington, and
WHEREAS, the Board of County Commissioners, through a resolution dated April 6,
1970, activated the Lewis County Noxious Weed Board, and
WHEREAS, there are insufficient funds in the general County budget to fund the County's
noxious weed control program, and
WHEREAS, under RCW 17.10 240 the County legislative authority may levy a special
assessment in order to fund the County's noxious weed control program, and
WHEREAS, such assessments are legally required to be uniform across classifications
of property within the incorporated and unincorporated areas of Lewis County,
WHEREAS, the Noxious Weed Control Board held a public hearing and classified land in
the County into two classifications to form a basis for a special assessment, and
WHEREAS, the Noxious Weed Control Board has proposed an assessment to be used
for the control of noxious weeds; and
WHEREAS, the Board of County Commissioners held a public hearing on October 22,
2018, and passed Ordinance 1295 imposing the special assessment, and
WHEREAS, the text of Ordinance 1295 stated that it applied only to unincorporated
areas, but the intent of the legislation to apply to all areas was made clear in the oral
testimony of the hearing, and
WHEREAS, the text of Ordinance 1295 cross-referenced the excise-tax provision related
to penalties and interest on taxes instead of the real-property assessment provision on
the same topic, and
WHEREAS, no person has yet had interest or penalties accrue because the tax is not yet
due from anyone,
Noxious Weed Containment Real Property Tax Ordinance
Page 1 of 4
NOW THEREFORE, BE IT RESOLVED by the Lewis County Board of County
Commissioners as follows
Section 1 The sections of the Lewis County Code created by Ordinance 1295 are hereby
amended as follows (additions are underlined, deletions are struck through)
Chapter 3.55
NOXIOUS WEED CONTAINMENT REAL PROPERTY TAX
Sections
3 55 010 Purpose
3 55 020 Authority and Applicability
3.55.030 Definitions
3 55 040 Select Species
3 55 050 Noxious Weed Containment Real Property Tax
3 55 060 Administration, Distribution, and Delinquency
3 55 070 Notice of Public Hearing
3 55 080 Severability
3 55.010 - Purpose.
The purpose of this chapter is to limit economic loss and adverse effects to Lewis
County's agricultural, natural, and human resources due to the presence and spread of
noxious weeds, and to establish measures to contain certain noxious weeds designated
by the Lewis County Noxious Weed Control Board Chapter 17 10 RCW
3 55 020 -Authority and Applicability.
This chapter shall be administered and enforced by the Lewis County Noxious Weed
Control Board, created pursuant to RCW 17 10 020, or its designees The provisions of
this chapter shall apply in all incorporated and unincorporated areas of Lewis County,
including designated urban growth areas
3.55.030 - Definitions
The terms used in this chapter shall have the following meanings
"Noxious weed" means a plant listed on the Lewis County noxious weed list adopted
pursuant to RCW 17 10 090
"Noxious weed control board" means the Lewis County Noxious Weed Control Board
created pursuant to RCW 17 10 050 or its designees
"Rules and regulations" means the Lewis County Noxious Weed Control Board Rules and
Regulations adopted in accordance with RCW 17 10 060
3 55 040 - Select Species
Any species of noxious weed may be designated by the noxious weed control board as
a select species in its rules and regulations Prior to designating a select species, the
Noxious Weed Containment Real Property Tax Ordinance
Page 2 of 4
Noxious Weed Control Board shall hold a public hearing and shall comply with the
requirements for amending the rules and regulations
3 55 050 - Noxious Weed Containment Real Property Tax
A noxious weed tax on real property parcels located within the limits of Lewis County,
Washington, shall be, and the same hereby is, established and imposed in an amount
equal to eight dollars ($8 00) per parcel plus $0 00 per acre, levied on January 1St of each
calendar year. All funds received from the imposition of said noxious weed real property
tax shall be and are hereby dedicated for utilization for the management of noxious weeds
in Lewis County as designated by the Lewis County Noxious Weed Control Board,
pursuant to RCW 17 10.020 For purposes of this subsection, noxious weeds are those
as defined in RCW 17 10 010 RCW 17 10 240
Property classified as forest land as defined in Chapter 84 33 RCW (Use Code 88 as
defined by the State Department of Revenue) and Chapter 84 34 RCW (Use Code 95 as
defined by the State Department of Revenue), which is used solely for the planting,
growing or harvesting of trees and which is typified, except for a single five-year period
following clear-cut logging, by canopies so dense as to prohibit the growth of an
understory, shall be assessed at the rate of eighty cents ($0 80) per parcel plus $0 00 per
acre
3.55.060 - Administration, Distribution, and Delinquency
There is hereby created in the treasury of Lewis County the noxious weed control fund in
which all taxes collected from the assessment herein levied shall be deposited, as well
as all other funds that the weed control board is authorized to receive Interest earned
from investments of this fund shall remain with the fund This fund shall only be used to
support the activities of the Lewis County Noxious Weed Control Board
(1) The taxes created by this chapter shall be imposed, enforced, distributed, and
administered consistent with the rules and regulations imposed under Chapter 84 56
8-2-41-g RCW as hereafter amended
(2) The taxes imposed hereunder shall become due and payable by the parcel owner of
record as of the taxation date of January 1st of each calendar year If taxes are not so
paid within the time frame as designated by the county treasurer, shall thereafter bear
interest at the applicable rate established by RCW 84.56.020 4�,_-82 5-x-00, as hereafter
amended, until the date of payment
3 55 070 - Notice of Public Hearing
Notice of public hearings held by the noxious weed board shall be provided to local media
through a news release A notice of public hearing shall also be provided in the county's
official website (https./llewiscountywa qov/weedcontrol) at least twenty days prior to the
public hearing, unless a waiver has been granted by a motion of the Lewis County
Noxious Weed Containment Real Property Tax Ordinance
Page 3 of 4
Noxious Weed Control Board or Lewis County Board of County Commissioners, as
applicable, subject to the following criteria
A Publishing the notice within the period of time otherwise required by law will
afford adequate notice to the public, and
B The waiver is necessary to allow action to be taken in a timely manner
C Notification shall not be less than ten (10) days if a waiver is granted
3 55 080 - Severability
If any provision of this chapter or its application to any person or circumstance is held to
be invalid, the remainder of this chapter and the application of the provision to other
persons or circumstances shall not be affected
Section 2 This Ordinance 1295A is a correction to Ordinance 1295 meant to effectuate
the original legislative intent of Ordinance 1295 without substantive change The
amendments in section 1, above, shall apply retroactively from Oct 22, 2018 forward
Done in open session this March 11, 2019
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Pros. Attorney LEWIS COUNTY, WASHINGTON
By Eric Eisenberg, Robert C Jackson, Chair
Chief Civil Deputy Pros Attorney
?(-0-4-124/
ATTEST Gary Sta per, Vice Chair
Rieva Lester, Clerk of the Board Edna J Fund, C•u missioner
•• SCotJ •�
o� 'X40 )C�� °•
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Noxious Weed Containment Real Property Tax Ordinance
Page 4 of 4
An assessment for funding noxious weed control in Lewis County
Noxious weeds are plants that when established, become highly destructive, competitive, or difficult to
control by cultural, mechanical or chemical practices
By State Law, the Lewis County Noxious Weed Control Board (LCNWCB) is mandated to limit the presence and
spread of noxious weeds that cause economic loss to agricultural systems, harm natural resources or
adversely affect human and livestock health
RCW 17 10 purpose is to limit economic loss and adverse effects to Washington's agricultural, natural,
and human resources due to the presence and spread of noxious weeds on all terrestrial and aquatic
areas in the state
Impacts: Economic and Ecological
Economic Impacts from noxious weeds.
Invasive Species have an adverse impact on Washington's landscapes, ecosystems, agriculture, commerce and
recreation Without prevention and control, the identified invasive species could have a total impact of 1 3
Billion dollars annually Source Economic Impact of Invasive Species, Direct Costs Estimates and Economic
Impacts for Washington State, Report January 2017
Direct impacts of Scotch broom to Lewis County estimated at 6 2 million dollars
Timber, Livestock& other crops $6 2 million
The risk of increased spread is considered to be extremely high Scotch broom Toxic to livestock,
wildfire hazard, invasive in timber regeneration
Direct Impacts of Himalayan blackberry to Lewis County estimated at 2.1 million dollars
Timber& other crops 2 1 million dollars
Timber is the commodity affected the most by Himalayan blackberry
Ecological impacts from noxious weeds.
Riparian habitats that are critical to fish, wildlife and healthy waters can be altered by noxious weeds
Degradation of wetlands and an increase of wildfire hazards are increased with the presence of noxious
weeds Invasive Knotweed, can dominate river embankments and replace native plants, degrade water
quality, and increase the potential for soil erosion
What does the Lewis County Weed Board and Weed Control program do?
The Weed Board's program are based on helping landowners solve their weed management issues and to
meet the State's mandate for noxious weed control The Weed Board promotes cooperation, compliance and
coordination of weed control activities to achieve management of noxious weeds
The Weed Board's program works to educate and inform the public about the impacts from noxious weeds,
their management along with conducting on-going early detection surveys and treatment
Is the current program able to meet the weed control needs of Lewis County? No
To comply adequately with the state law and to maintain an effective weed control program to serve the
citizens, the Weed Board has recommended enhancing the Weed Control program. Enhancements would
include increased technical assistance to support landowners with prevention, early detection and
management strategies, expand compliance actions directed toward absentee landowners and those not
complying with the law, achieve higher standards of managing noxious weeds along public right of ways and
public lands, increase the acquisition, collection and re-distribution of biological control agents and provide
small tools, equipment & material support to landowners
Lewis County's Administration desire for a balanced operating budget
The Lewis County Board of County Commissioners (BOCC) has implemented a budget process with a goal of
having a balanced County Budget Challenges include
- Cost increases, expenses that outpace revenue (low interest rates, timber receipts variable,
property tax limit)
- Reducing the impacts to General Fund Reserves
- Look at how the county can do business differently to reduce the cost of providing services
The Weed Board and the BOCC has considered a special assessment to fund the Weed Control Program to
help meet the balanced budget goal (62% of Washington Counties with assessment funding)
Essential Weed Program functions.
1 Treatment to noxious weeds, "Dead weeds" Work with landowners, Lewis County & other agencies for
the treatment of high priority noxious weeds as defined by the Lewis County Weed List and classification
Not all weeds have the same impact. Noxious weed management will be guided by IPM (Integrated Pest
Management) strategies Weeds that effect human and livestock health and safety is a priority to the Weed
Board
2 Achieve voluntary compliance for the control of noxious weeds by enhancing public awareness and
providing technical resources to land owners for their management of noxious weeds on their property
Enforcement implemented as needed as a last resort when compliance with weed laws are not achieved
3 Direct education about noxious weeds, their impacts, and best management practices that prevent the
introduction and establishment of noxious weeds
4 Early detection and treatment Actively survey for new weed infestations and treat in the "introduction
stage" to prevent establishment Prevention practices are the least expensive management measure
Three questions about the assessment funding for Weed Control
1 Will the county weed program now be responsible for coming out to control landowner's weeds?
No The county will not become the primary entity for weed control throughout the county The program will
still rely upon landowners taking the responsibility for their weed management, along with other agencies
taking responsibility to control weeds on city, county and state right of ways and the lands they manage
2 What will be the priority weeds addressed by the Weed Program?
Several plants that are toxic, poisonous and listed as noxious will be a priority for management Poison
hemlock, Giant hogweed and Tansy ragwort are a few weeds that are of concern for human and livestock
health But there are many other weeds (Knapweeds, Scotch broom, Knotweed) that are very invasive and
not toxic that will also be a priority
3 How will the staffing level change with new program funding?
Currently the Weed Program has 1 FTE position along with seasonal staff supported by Lewis County and
Grant funding An additional 1 FTE position and seasonal casual help would be proposed with the assessment
funds for implementation in 2019 or 2020
Lewis County Noxious Weed Control Board
September 2018
Economic Impact of Invasive
Species to Washington State
$ 1 .3 Billion Total Economic Impact
Invasive species are non-native organisms that cause economic or environmental
harm and are capable of spreading to new areas of the state Invasive species Industry Impacts
harm Washington State's landscapes,ecosystems, agriculture, commerce,
recreation,and sometimes human health.The damages from invasive species The dollar amounts shown represent
translate into economic losses for communities and businesses the potential total* economic
impact of 23 invasive species on
While there are over 200 known invasive species found within or near Washington Washington industries in terms of
State,this economic analysis highlights the damages and potential impacts that lost revenue and jobs.
could result if 23 of these plant and animal species were allowed to spread in Recreation
Washington in a single year Without prevention and control,the selected invasive $47,6 million
species could have a total impact of$1.3 billion dollars annually 300 jobs
Four Costly Invasive Species Water Facilities
These four invasive species damage our state economy and resources s. $100.5 million
The dollar amounts and lost jobs represent the potential total economic 500 jobs
impact of each species
Livestock
Plants : $282.9 million
Scotch Broom Smooth Cordgrass q 1,500 jobs
Cytisus scoparius Spartina alterniflora
Ubiquitous Scotch broom is a serious Smooth cordgrass is an estuarine alo Timber
threat to native prairies and forests. grass that has densely arranged stems $297.0 million
It prevents timber regeneration and and a thick mat of roots. It displaces 1,300 jobs
displaces pasture forage for grazing native species,destroying habitat and
animals.The plant is toxic to livestock food sources for fish,waterfowl and
and is a fire hazard other marine life crops
$142.8 million 660 Jobs lost $48.6 million 360 Jobs lost
million
4,400 jobs
Animals Invasive species included in this analysis
Quagga/Zebra Mussels Apple Maggot Rush skeletonweed Apple maggot
Scotch broom Quagga/Zebra mussels
Dreissena bugensis/D polymorpha Rhagoletis pomonella Himalayan blackberry Gypsy moths
While not established In Washington, A major threat to Washington's apple Yellow starthistle Emerald ash borer
Knapweed species Nutria
invasive mussels have the potential to industry,the Apple Maggot also affects Leafy spurge Feral swine
devastate numerous industries.The pear, plum and cherry crops. If apple Purple loosestrife
freshwater mollusks threaten lakes, maggots are found in an orchard,the Invasive knotweed
rivers,dams and irrigation systems, fruit is unsuitable for export. Eurasian watermilfoil
degrade water quality,and impact the $392.5 million 2,900 Jobs lost Smooth cordgrass
ability to recreate on waterways. *total economic impact includes direct,Indirect
$100.1 million 500 Jobs lost and induced impacts
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Natural Resource Protection From Noxious Weeds
Supported By A Special Assessment
The Lewis County Noxious Weed Control Board is proposing a special assessment to support the activities of the weed
control program that protects the county's natural resources and to assist landowners with their weed management
concerns
Answers to these questions.
• Why does Lewis County Have a
Noxious Weed Control Program?
•• What does the Lewis County Noxious �`rr # ` - ` f ,y: w POs
Weed Control Board dog 'r ¢ r °> u(� •
• Is the current program able to meet
the weed control needs of the County?
• What additional services and
expansion of programs is the Weed
Board proposing?
Why does Lewis County have a Noxious
• How would the additional services and Weed Control Program?
weed control program be funded and
how much will it cost? Definition Noxious weeds are non-native
plants that have been introduced to
• Why don't you just fine the people with Washington through human actions
weeds and use the money for the Because of their aggressive growth and lack
program? of natural enemies, these plant species can
be highly destructive, competitive or difficult
• Why should people who don't have to control
noxious weeds have to pay?
Noxious weed infestations pose serious
• What will you get for your money? economic and ecological threats They
reduce agricultural production, destroy native
plant and animal habitat, damage recreational
opportunities, impact waterways, lower land
values and poison humans and livestock
Lewis County Invasive weeds are the second leading cause
Noxious Weed Control Board of decreased biodiversity in native
ecosystems
If you want to know more about the details of the
assessment proposal contact the Weed Board Control of noxious weeds is a benefit to all
office at(360) 740-1215
lands and helps provide the long-term stability
of our area's economy and value of property
What does the Lewis County Noxious Weed Control Board do?
The Lewis County Noxious Weed Control Board carries out the mandate of the State Weed
Law (RCW 17 10) that is to limit the economic loss and adverse effects to Washington's
agricultural, natural and human resources due to the presence and spread of noxious weeds
• The County Weed Board members are volunteers appointed by the County
Commissioners that represent the five weed districts in the county
• The Board administers the noxious weed control program by establishing the County
noxious weed list, policy and procedures
• The Weed Board's programs are based on helping landowners solve their weed
management concerns
• To meet the State mandate for noxious weed control, the Weed Board promotes
cooperation, compliance and coordination of weed control activities between private
landowners, state and federal agencies and adjacent county weed programs
• The Board employs a program coordinator who educates and informs the public about
noxious weeds, conducts on-going early detection surveys and assists landowners in
developing integrated weed management control strategies
Is the current program able to meet the weed control needs of the County?
No To comply adequately with the state law and to maintain an effective weed control
program to serve the citizens, the Weed Board has recommended enhancing the Weed
control program to better meet the public's requests for a higher level of service, compliance
and to counter an increasing rate of noxious weed introductions
• Addressing the introduction of new weed species within the county and providing
technical assistance to a growing population in rural areas requires increased levels of
education and awareness directed to landowners and the public.
• Prevention, early detection and intervention weed management strategies are the least
expensive and most effective weed control actions that can be implemented
• A portion of the Weed Control funding comes from grants that have limits on the work that
can be carried out
What additional services and expansion of programs is the Weed Board proposing?
• Landowner cost share programs that encourage Integrated Weed Management principles
have proven successful in eliminating noxious weeds
• Partner with local, state and federal agencies in managing noxious weeds and achieving
high standards of control along public right of ways
Continued
What additional services and expansion of programs is the Weed Board proposing?
• Biological control agents represent an important, cost effective option for weed
suppression Coordination of collection activities, monitoring establishment and seeking
new agents for release is needed to improve the effectiveness of the county's biocontrol
efforts
• Scotch broom management The public has spoken for additional actions directed toward
the control of Scotch broom
• Direct and achieve noxious weed compliance with absentee landowners
• Broaden noxious weed education and awareness programs to community youth
programs, private landowners and land managers Address issues of water quality, public
health & safety, responsible pesticide use and new technologies for weed control
• Implement public awareness, prevention and early detection campaigns targeted towards
public boat launches and other recreational access points
• Advance the noxious weed GIS mapping & database systems to provide landowners,
agencies and the Weed Board access to information for developing sound weed
management decisions
How would the additional services and weed control program be funded and how
much will it cost?
• The Lewis County Noxious Weed Control Board is proposing a special assessment rate
of $8 00 per parcel The rate would generate a fund dedicated to managing noxious
weeds in Lewis County
• Special weed assessments, as authorized by state law, are used by over half (62%) of
the counties to provide a dedicated source of funding to the Weed Board By statute, all
forest classified parcels are assessed at 1/10th the average rate. Some land and parcel
classified as exempt would not be assessed
• The Board of County Commissioners has the authority to levy an assessment against the
land for this purpose after a hearing The Weed Board has the responsibility to classify
lands and has developed the proposal for the Board of County Commissioners to
consider
• Parcel rates for other neighboring counties include Cowlitz $4.32, Thurston $4 40,
Yakima $7 10 and Klickitat $6 50
Why don't you just fine the people with weeds and use the money for the program?
Why should people who don't have noxious weeds have to pay?
• The County has limited authority to fine landowners who have weeds The Washington
State Weed Law gives the counties two options (special assessment or general fund) for
funding the county weed program
• The assessment is a fee for services that is available to the public and benefits all
landowners The assessment cannot be imposed selectively
• Weeds are everyone's problem and we all benefit when we control and prevent the
spread of noxious weeds The invasive nature of noxious weeds means no land is
immune to their spread and introduction Noxious weeds are found in urban and rural
areas, on developed and undeveloped lands, farms and forest, as well as in lakes and
streams in Lewis County
What will you qet for your money?
• Protection of Lewis County's natural resources, recreational areas, agricultural and forest
lands from the degrading impact of noxious weeds
• Releases of biological control agents and coordination of efforts that collect distribute and
enhance regional populations of biological agents
• Early detection surveys on public right of ways, public lands and on cooperating private
lands
• Increased public awareness of noxious weeds by local residents and visitors to Lewis
County
• In addition to providing a foundation of basic program funding, the assessment dollars will
also go toward local matches for grants and cost-share programs that address specific
weed management projects
Do you have additional questions?
For more information, contact
Bill Wamsley, Coordinator
(360) 740-1215
E-mail William wamsley @lewiscountywa gov
Lewis County
Noxious Weed Control Board
360 NW North St MS AES02
Chehalis, WA 98532
9-2018
BOCC AGENDA ITEM SUMMARY
Resolution. BOCC Meeting Date Mar 11, 2019
Suggested Wording for Agenda Item. Agenda Type Notice
Ordinance 1295A, which will clarify the intended administration of the county Noxious Weed Assessment
Contact Eric Eisenberg Phone
Department Prosecutor
Action Needed Approve Resolution
Description
Ordinance 1295A, which will clarify the intended administration of the county Noxious Weed Assessment
Approvals.
User Group Status
Eisenberg, Eric Prosecutor Pending
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