8 CCR 1206-2, pt. 8 - Statements of Basis, Specific Statutory Authority and Purpose | State Regulations | US Law

8.1. February 11, 2004 - Effective May 3, 2004

Statutory Authority

These permanent rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2003).

Purpose

The purpose of these permanent rules is to:

(1) repeal all of the existing permanent rules for the administration and enforcement of the Colorado Noxious Weed Act, §§ 35-5.5-101 through 119, C.R.S. (2003), currently published at 8 C.C.R. 1203-15 (including the Statement of Basis, Purpose and Statutory Authority as well as Rules 1 through 3) and;

(2) replace the current permanent rules with new permanent rules which implement the Colorado Noxious Weed Act as amended by the General Assembly in its 2003 regular session. Specifically, the purposes of these new permanent rules are to designate state noxious weeds, classify state noxious weeds into three categories (List A, B, and C), develop and implement state noxious weed management plans for List A noxious weed species, prescribe integrated management techniques to achieve eradication of List A species, and provide a process for granting compliance waivers to local governing bodies and landowners in order to develop and implement a coordinated, statewide effort to stop the spread of noxious weeds and mitigate their impacts to agriculture and the environment.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these permanent rules are as follows:

1. Several million acres of Colorado are infested with invasive non-indigenous plants that are continuing to spread to uninfested lands and increase in abundance.

2. A number of these species, designated as state noxious weeds, aggressively invade or are detrimental to economic crops or native plant communities, are poisonous to livestock, are carriers of detrimental insects, diseases, or parasites, or are detrimental, directly or indirectly, to the environmentally sound management of natural or agricultural systems.

3. Noxious weeds are a present threat to the economic and environmental value of the lands of the state of Colorado and it is a matter of statewide importance that the governing bodies of counties and municipalities manage such weeds in a coordinated manner across the state. Lack of such coordination makes weed management efforts unnecessarily costly and limits the effectiveness of public and private efforts to control such noxious weeds.

4. A broad array of public and private organizations support efforts to develop and implement a coordinated, statewide effort to stop the spread of noxious weeds.

5. Classifying designated noxious weeds into specific management categories will provide a means to focus public and private resources strategically and in a cost-effective manner.

6. By eradicating rare noxious weed species quickly (List A), these species can be prevented from establishing permanent populations in Colorado from which they will spread to harm the agricultural and environmental values of the lands of Colorado.

7. It is important that local governing bodies and affected landowners apply integrated management techniques that will achieve the specified management objectives, particularly for eradication. Some techniques are more effective than others (prescribed) and some techniques are likely to be ineffective or contribute to the spread of the weed species (not prescribed). Prescribing integrated management techniques to achieve specified management objectives will help landowners achieve management objectives such as eradication in a timely manner while limiting environmental damage, effort, and cost.

8. By stopping the spread of well-established species (List B), the values of uninfested lands for agriculture or the environment can be protected and the costs of land management to private and public landowners can be limited or reduced.

9. By educating the public about improved management for widespread species (List C), the harm associated with these species can be reduced and such efforts can be made more cost-effective for many citizens.

10. To accomplish the goals associated with List A (statewide eradication) and List B (halted spread) it is necessary to develop and implement statewide plans to coordinate appropriate actions at the private, local, state, and federal levels. Without such plans, it will be difficult to focus public and private resources strategically and in a cost-effective manner to achieve these goals.

11. In order to provide flexibility to respond to changing circumstances with respect to the distribution of weed populations, it is important to provide the state, local governing bodies, and landowners with a process to amend the requirement to eradicate a particular noxious weed. Without such a compliance waiver process, these rules may become unnecessarily burdensome.

12. The absence of rules to implement a coordinated statewide effort to manage noxious weeds results in increased management costs to public and private interests, a reduction in the effectiveness of individual efforts, and the continued loss of agricultural and environmental values to the invasion of noxious weeds.

8.2. March 4, 2005 - Effective May 2, 2005

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2004).

Purpose

The purposes of these amendments to the rules are to:

(1) designate additional species of noxious weeds for inclusion in the current categories (Lists A, B, C) listed in Parts 3, 4 and 5 of the existing Rules;

(2) reclassify some of the currently listed noxious weeds to different categories;

(3) develop and implement new state noxious weed management plans for additional species listed for statewide eradication (List A);

(4) develop and implement state noxious weed management plans for selected List B species and;

(5) identify priority List B species, among other possible List B species, for which the Commissioner intends to develop and implement state noxious weed management plans.

Factual Basis

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. It is necessary to periodically adjust the state noxious weed list to address emerging plant pest threats as they become known to the state.

2. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List B species.

3. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B species.

4. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties.

8.3. March 9, 2006 - Effective May 30, 2006

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2005).

Purpose

The purposes of these amendments to the rules are to:

(1) develop and implement state noxious weed management plans for selected List B species and

(2) identify priority List B species, among other possible List B species, for which the Commissioner intends to develop and implement state noxious weed management plans. The rule will also be moved to the Conservation Services Division section of the CCR and renumbered to 8 CCR 1206-2 to reflect a reorganization in the Colorado Department of Agriculture moving the noxious weed program to this division.

Factual Basis

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List B species.

2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B species.

3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties.

8.4. May 3, 2007 - Effective July 1, 2007

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2005).

Purpose

The purposes of these amendments to the rules are to:

(1) develop and implement state noxious weed management plans for selected List B species,

(2) revise existing state noxious weed management plans for selected List B species, and

(3) identify priority List B species, among other possible List B species, for which the Commissioner intends to develop and implement state noxious weed management plans.

Factual Basis

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List B species.

2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B species.

3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties.

4. To maintain the effectiveness of implemented plans, it will be necessary to modify periodically containment boundaries and dates identified for elimination of populations designated for eradication.

8.5. August 12, 2008 - Effective September 30, 2008

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2007).

Purpose

The purposes of these amendments to the rules are to:

(1) develop and implement state noxious weed management plans for selected List B species;

(2) revise existing state noxious weed management plans for selected List B species;

(3) reclassify two of the currently listed noxious weeds to different categories; and

(4) identify priority List B species, among other possible List B species, for which the Commissioner intends to develop and implement state noxious weed management plans.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List B species.

2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B species.

3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties.

8.6. July 16, 2009 - Effective August 30, 2009

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2008).

Purpose

The purposes of these amendments to the rules are to:

(1) develop and implement state noxious weed management plans for selected List B species;

(2) revise existing state noxious weed management plans for selected List B species;

(3) reclassify one of the currently listed noxious weeds to a different category;

(4) eliminate one of the currently listed noxious weeds from one of two categories; and

(5) identify priority List B species, among other possible List B species, for which the Commissioner intends to develop and implement state noxious weed management plans.

The proposed amendments to the rules are as follows:

1. Deletion from Rule 4.3 of the existing language stating that noxious weed management plans will be developed for Eurasian watermilfoil, Hoary cress, Russian knapweed, and sulfur cinquefoil for 2008- 2009.

2. Addition to Rule 4.3 of new language to establish noxious weed management plans for Eurasian watermilfoil, scentless chamomile, musk thistle, bull thistle, and Scotch thistle for 2009-2010.

3. Addition of Mesa County to the list of Colorado counties in Rule 4.7.11 A where elimination of Perennial pepperweed is required.

4. Addition of a new paragraph B to Rule 4.7.11 to require elimination of all populations of Perennial pepperweed in Mesa County prior to seed development in 2012.

5. Addition of new Rule 4.7.16 to establish noxious weed management plans for Hoary cress (Cardaria draba).

6. Addition of new Rule 4.7.17 to establish noxious weed management plans for Russian knapweed (Centaurea repens).

7. Addition of new Rule 4.7.18 to establish noxious weed management plans for Sulfur cinquefoil (Potentilla recta).

8. Addition of figures 149 to 185 in Rule 4.8 map numbers to reflect the new noxious weed management plans for Hoary cress, Russian knapweed, and Sulfur cinquefoil.

9. Deletion of Jointed goatgrass (Aegilops cylindrical) from List C in Rule 5.1.

10. Addition of Redstem filaree (Erodium cicutarium) to List C in Rule 5.1.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List B species.

2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B species.

3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for Hoary cress (Cardaria draba), Russian knapweed (Centaurea repens), and sulfur cinquefoil (Potentilla recta).

4. To maintain the effectiveness of implemented plans, it will be necessary to modify periodically containment boundaries and dates identified for elimination of populations designated for eradication. Dates specified for elimination that expire by 2009 will be reviewed and modified accordingly.

5. As per the recommendation of the Colorado Noxious Weed Advisory Committee, the removal of Jointed goatgrass (Aegilops cylindrical) from List C as it has previously been added to List B.

6. As per the recommendation of the Colorado Noxious Weed Advisory Committee, the addition of Redstem filaree (Erodium circutarium) to List C as populations are too numerous in the state to feasibly require elimination.

8.7. June 10, 2010 - Effective July 30, 2010

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S. (2009).

Purpose

The purpose of these amendments to the rules are to:

(1) develop and implement state noxious weed management plans for selected List B species;

(2) revise existing state noxious weed management plans for selected List B species;

(3) add "ordinary high water mark" to the definitions;

(4) revise existing rules to incorporate definition of ordinary high water mark;

(5) identify priority List B species, among other possible List species, for which the Commissioner intends to develop and implement state noxious weed management plans;

(6) make non-substantive edits to clarify where the exceptions requiring elimination along roads and streams apply; and

(7) correct non-substantive typographical errors and update internal citations to reflect new rules.

The specific amendments to the rules are as follows:

1. Delete from Rule 4.3 the existing language stating that noxious weed management plans will be developed for Eurasian watermilfoil, scentless chamomile, musk thistle, bull thistle, and Scotch thistle for 2009- 2010.

2. Add to Rule 4.3 new language to initiate the development and implementation noxious weed management plans for Dame's rocket, Russian-olive, Common teasel, Cutleaf teasel, Canada thistle, and Quackgrass in 2010- 2011.

3. Add "ordinary high water mark" to Part 1 Definitions, 1.7.

4. Replace current language referring to high water line with new language using the definition of "ordinary high water mark" in the Rules for the following species: Chinese clematis, leafy spurge, hoary cress, and Russian knapweed.

5. Add new Rule 4.7.19 to establish a noxious weed management plan for Bull thistle (Cirsium vulgare).

6. Add new Rule 4.7.20 to establish a noxious weed management plan for Eurasian watermilfoil (Myriophyllum spicatum).

7. Add new Rule 4.7.21 to establish a noxious weed management plan for Musk thistle (Carduus nutans).

8. Add of new Rule 4.7.22 to establish a noxious weed management plan for Scentless chamomile (Matricaria perforata).

9. Add new Rule 4.7.23 to establish a noxious weed management plan for Scotch thistle (Onopordum acanthium and Onopordum tauricum).

10. Add new figures 186 to 222 in Rule 4.8 to reflect the new noxious weed management plans for Bull thistle, Eurasian watermilfoil, Musk thistle, Scentless chamomile, and Scotch thistle.

11. Add Routt County to the list of Colorado counties in Rule 4.7.16 u where suppression of Hoary cress is the specified state management objective.

12. Make non-substantive edits to language in Rules 4.7.1 , Absinth wormwood; 4.7.2, Chinese clematis; 4.7.3, Plumeless thistle; 4.7.4, Spotted knapweed; 4.7.6, Black henbane; 4.7.7, Diffuse knapweed; 4.7.8, Oxeye daisy; 4.7.9, Yellow toadflax; 4.7.10, Houndstongue; 4.7.11, Perennial pepperweed; 4.7.12, Dalmatian toadflax; 4.7.13, Leafy spurge; 4.7.16, Hoary cress; 4.7.17, Russian knapweed; and 4.7.18 Sulfur cinquefoil to clarify where the exceptions requiring elimination along roads and streams apply.

13. Revise existing language on figures 1-185 to reflect non-substantive edits to clarify that exceptions requiring elimination along roads and streams apply.

14. Correct non-substantive typos in the following rules: 4.4; 4.5; 4.7.4C; and 4.7.7T.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act require the Commissioner to develop and implement state noxious weed management plans for selected List B species.

2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List B species.

3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for Bull thistle (Cirsium vulgare), Eurasian watermilfoil (Myriophyllum spicatum), Musk thistle (Carduus nutans), Scentless chamomile (Matricaria perforate), and Scotch thistle (Onopordum acanthium and Onopordum tauricum).

4. To maintain the effectiveness of implemented plans, it is necessary to modify periodically containment boundaries and dates specified for elimination of populations designated for eradication. Routt County is being added to the list of counties where suppression is the state management objective for hoary cress in 4.7.16U based on new data the department received in 2010.

5. The new definition of "Ordinary High water mark" is intended to clarify the areas adjacent to streams and rivers in which certain species must be eliminated.

8.8. November 8, 2011 - Effective December 30, 2011

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S.

Purpose

The purpose of these amendments to the rules are to:

(1) designate additional species of noxious weeds for inclusion in the current categories (Lists A and C) listed in Parts 3 and 5 of the existing Rules;

(2) move one noxious weed species from List A to the Watch List, and delete its management plan from Part 3;

(3) develop and implement new state noxious weed management plans for additional species listed for statewide eradication (List A);

(4) develop and implement state noxious weed management plans for selected List B species;

(5) correct a management plan in Part 4;

(6) add a new list (Watch List) at Part 6 and

(7) correct non-substantive typographical errors and update internal citations to reflect new rules.

The specific amendments to the rules are as follows:

1. Add to Rule 3.1 the following species: Elongated mustard (Brassica elongata), Giant reed (Arundo donax), Japanese knotweed (Polygonum cuspidatum), Giant knotweed (Polygonum sachalinense) and Bohemian knotweed(Polygonum x bohemicum).

2. Move Sericea lespedeza (Lespedeza cuneata) from List A to the Watch List.

3. Delete 3.6.15, the management plan for Sericea lespedeza (Lespedeza cuneata).

4. Add new Rule 3.6.18 to establish a noxious weed management plan for Elongated mustard (Brassica elongata).

5. Add new Rule 3.6.19 to establish a noxious weed management plan for Giant reed (Arundo donax).

6. Add new Rule 3.6.20 to establish a noxious weed management plan for Japanese knotweed (Polygonum cuspidatum).

7. Add new Rule 3.6.21 to establish a noxious weed management plan for Giant knotweed (Polygonum sachalinense).

8. Add new Rule 3.6.22 to establish a noxious weed management plan for Bohemian knotweed (Polygonum x bohemicum).

9. Revise Rule 4.7.17.S to correct management techniques for Russian knapweed (Centaurea repens); and to remove Jefferson from list of counties in 4.7.17.A.

10. Revise Rule 4.7.22.G . to add Jefferson to the list of counties in 4.7.22.A.

11. Add new Rule 4.7.24 to establish a noxious weed management plan for Common teasel (Dipsacus fullonum).

12. Add new Rule 4.7.25 to establish a noxious weed management plan for Cutleaf teasel (Dipsacus laciniatus).

13. Add new Rule 4.7.26 to establish a noxious weed management plan for Dame's rocket (Hesperis matronalis.

14. Add new Rule 4.7.27 to establish a noxious weed management plan for Jointed goatgrass (Aegilops cylindrica).

15. Add new Rule 4.7.28 to establish a noxious weed management plan for Moth mullein (Verbascum blattaria).

16. Add new figures 223 through 257 to Rule 4.8 to reflect the new noxious weed management plans for common teasel, cutleaf teasel, dame's rocket, jointed goatgrass and moth mullein,

17. Add to Rule 5.1 Bulbous bluegrass (Poa bulbosa).

18. Add a new Part 6 Watch List Species.

19. Make non-substantive corrections of typographical errors in the rule in sections 4.7.4.E, 4.7.5.D, and 5.1.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The Colorado Noxious Weed Act authorizes the Commissioner to designate by rule those species placed in List A and subject to eradication wherever detected statewide in order to protect neighboring lands and the state as a whole. The following new species have been determined to present a threat to the economic and environmental value of the state of Colorado are placed on List A: Elongated mustard (Brassica elongata), Giant reed (Arundo donax), Japanese knotweed (Polygonum cuspidatum), Giant knotweed (Polygonum sachalinense), and Bohemian knotweed (Polygonum x bohemicum

2. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List A and List B species.

3. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and List B species.

4. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for List A species Elongated mustard (Brassica elongata), Giant reed (Arundo donax), Japanese knotweed (Polygonum cuspidatum), Giant knotweed (Polygonum sachalinense), and Bohemian knotweed (Polygonum x bohemicum, and List B species Common teasel (Dipsacus fullonum), Cutleaf teasel (Dipsacus laciniatus), Dame's rocket (Hesperis matronalis, Jointed goatgrass (Aegilops cylindrical), and Moth mullein (Verbascum blattaria).

5. The change to Rule 3.1 and 3.6.16 is due in order to move Sericea lespedeza (Lespedeza cuneata) from List A to the Watch List based on information gathered about the species that makes it less likely to appear in the state, but still worthy of continuing observation.

6. The change to Rule 4.7.17.A is due in order to implement Jefferson County's request that it be removed from the list of counties excepted from the requirement of eliminating Russian knapweed (Centaurea repens) from within its borders.

7. The change to Rule 4.7.17.S is due in order to correct the management techniques for Russian knapweed (Centaurea repens) which include hand pulling and digging. Due to the extensive root systems of this species, hand pulling and digging are not considered to be effective in most instances, while mowing in combination with herbicide application is considered more effective.

8. The change to Rule 5.1 adds Bulbous bluegrass (Poa bulbosa) to List C, reflecting its invasive qualities as determined by a plant assessment process, and also recognizing its widespread distribution.

9. The change to Part 6 of the rule is due in order to create a new, non-regulatory invasive species list, called the Watch List. The purpose of the list is to encourage the identification and reporting of these species so that, in consultation with the state noxious weed advisory committee, local governments and other interested parties, the Commissioner may determine which of these species should be designated as noxious weeds.

8.9. August 6, 2012 - Effective September 30, 2012

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S.

Purpose

The purpose of these amendments to the rules are to:

(1) designate additional plant species for inclusion on the Watch List;

(2) develop and implement state noxious weed management plans for selected List B species;

(3) correct scientific names of six noxious weed species to remain consistent with authoritative sources;

(4) add management plan maps to accompany new management plans; and

(5) correct nonsubstantive typographical errors and update internal citations to reflect new rules.

The specific amendments to the rules are as follows:

1. Correct in Rule 3.1 , 3.6.2 , and 3.6.8 the scientific names for camelthorn and meadow knapweed.

2. Correct in Rule 4.1 , 4.7.4 , 4.7.8 , and 4.7.22 the scientific names for oxeye daisy, quackgrass, scentless chamomile and spotted knapweed.

3. Revise Rule 4.7.13 a and F to require Custer County to eradicate leafy spurge in its jurisdiction.

4. Revise Rule 4.7.22 to combine management plans for corn chamomile (Anthemis arvensis) and mayweed chamomile (Anthemis cotula), with the existing management plan for scentless chamomile (Tripleurospermum perforatum).

5. Add new Rule 4.7.29 to establish a noxious weed management plan for bouncingbet (Saponaria officinalis).

6. Add new Rule 4.7.30 to establish a noxious weed management plan for common tansy (Tanacetum vulgare).

7. Add new Rule 4.7.31 to establish a noxious weed management plan for wild caraway (Carum carvi).

8. Add to Rule 6.1 garlic mustard (Alliaria petiolata) and yellow flag iris (Iris pseadocorus).

9. Add new figures 258 through 264, revise figures 204 through 208, and remove figure 123 to Rule 4.8 to reflect the new noxious weed management plans for corn chamomile, mayweed chamomile, bouncingbet, common tansy and wild caraway.

10. Revise rule 4.3 to update species of special interest for future management plans.

11. Make non-substantive corrections of typographical errors in the rule in section 6.1.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List A and List B species.

3. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and List B species.

4. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for List B species corn chamomile (Anthemis arvensis), mayweed chamomile (Anthemis cotula), bouncingbet (Saponaria officinalis), common tansy (Tanacetum vulgare) and wild caraway (Carum carvi). The management plans for the chamomiles are combined due to the similarity of the species, distribution, and management measures.

5. The change to Rule 4.7.13 a and F is due in order to implement Custer County's request that it be removed from the list of counties exempted from the requirement of eliminating leafy spurge (Euphorbia esula) from within its borders.

6. The change to Rule 6.1 is to add garlic mustard (Alliaria petiolata) and yellow flag iris (Iris pseadocorus) to the Watch List, given their current unknown noxious qualities and the need for closer statewide observation.

8.10. February 12, 2014 - Effective March 30, 2014

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S.

Purpose

The purpose of these amendments to the rules are to:

(1) designate additional plant species for inclusion on the Watch List;

(2) develop and implement state noxious weed management plans for selected List B species;

(3) revise parts of the rule pertaining to roadway and water vectors;

(4) add management plan maps to accompany new management plans; and

(5) correct non-substantive typographical errors and update internal citations to reflect new rules.

The specific amendments to the rules are as follows:

1. In Part 1, Definitions, delete the definition of "Division" and add the definition of "Public open space".

2. Revise timeframes of List B management plans to replace the current specific year requirement with an ongoing goal requirement.

3. Revise Rule 4.3 to update the species of special interest for future management plan revisions.

4. Revise public road ROW language for Rules 4.7.1.E, 4.7.2.H, 4.7.3.H, 4.7.4.D, 4.7.6.H, 4.7.7.V, 4.7.8.T, 4.7.9.X, 4.7.10.P, 4.7.11.V, 4.7.12.T, 4.7.13 .AD, 4.7.16.V, 4.7.17.Q, 4.7.18.G, 4.7.19.H, 4.7.21.M, 4.7.22.H, 4.7.23.Q, 4.7.24.M, 4.7.25.F, 4.7.26.L, 4.7.27.L, 4.7.28.F, 4.7.29.F, 4.7.30.E, and 4.7.31.E.

5. Revise Rule 4.7.13 to correct typographical errors.

6. Revise requirements for stream corridor management for Rules 4.7.21.C ,D,F,G,H,J,N; 4.7.22.B,E,I; 4.7.23.B,C,F,G,H,I,J,K,L,N,O,R; 4.7.24 .F,G,H,J,K,N; 4.7.25.C,D,G; 4.7.26.D,G,H,I,J,M; 4.7.29.C,D,G; 4.7.30.B,C,F; and 4.7.31.B,F.

7. Revise Rules 4.7.24, 4.7.25, 4.7.26, 4.7.27, 4.7.28, 4.7.29, 4.7.30 and 4.7.31, to add standard language for management techniques and seed longevity that were previously inadvertently omitted.

8. Add new Rule 4.7.32 to establish noxious weed management plans for yellow nutsedge (Cyperus esculentus).

9. Add new Rule 4.7.33 to establish noxious weed management plans for quackgrass (Elymus repens).

10. Add new Rule 4.7.34 to establish noxious weed management plans for Canada thistle (Cirsium arvense).

11. Add new Rule 4.7.35 to establish noxious weed management plans for Russian-olive (Elaeagnus angustifolia).

12. Add to Rule 6.1 brazilian egeria, Brazilian elodea (Egeria densa), parrotfeather (Myriophyllum aquaticum), yellow floatingheart (Nymphoides peltata) and yellowtuft (Alyssum murale, Alyssum corsicum).

13. Make non-substantive changes in Rules 3.6 , 4.7 and 6.1 to correct typographical errors.

14. Add new figures 266-294 to reflect new noxious weed management plans for yellow nutsedge, quackgrass, Canada thistle and Russian-olive.

15. Revise figures 195, 196, 198, 199, 200, 202, 204, 207, 209, 210, 213, 214, 215, 216, 217, 218, 219, 221, 222, 227, 228, 229, 231, 232, 234, 235, 236, 239, 240, 241, 242, 259, 260, 261, 262, 264 to correct references to the rule narrative.

16. Remove figure 23 in order to update a previous change to the management objective for diffuse knapweed in Gilpin County.

17. Revise rule 7 to clarify compliance waiver procedures due to the establishment of Rule 4.7.35 (Russian-olive).

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List A and List B species.

3. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and List B species.

4. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for List B species yellow nutsedge (Cyperus esculentus) (4.7.32), quackgrass (Elymus repens) (4.7.33), Canada thistle (Cirsium arvense) (4.7.34), and Russian-olive (Elaeagnus angustifolia) (4.7.35).

5. The plan developed to control Russian-olive (4.7.35) requires removal in public open spaces and along intermittent and perennial streams and rivers, lakes and reservoirs. While planted originally for windbreaks and landscaping, Russian-olive has spread along waterways and has degraded wildlife habitat, replaced native trees such as cottonwoods and willows in many areas, and has disrupted agricultural operations by invading pastures and blocking irrigation facilities.

6. The changes to Rules 4.7.1 , 4.7.2 , 4.7.3 , 4.7.4 , 4.7.6 , 4.7.7 , 4.7.8 , 4.7.9 , 4.7.10 , 4.7.11 , 4.7.12 , 4.7.13 , 4.7.16 , 4.7.17 , 4.7.18 , 4.7.19 , 4.7.21 , 4.7.22 , 4.7.23 , 4.7.24 , 4.7.25 , 4.7.26, 4.7.27, 4.7.28, 4.7.29, 4.7.30, and 4.7.31 regarding road ROWs are due in order to clarify the extent of treatment required along public roads and parking areas, and that such treatments are to occur annually.

7. The changes to Rules 4.7.21 , 4.7.22 , 4.7.23 , 4.7.24 , 4.7.25 , 4.7.26 , 4.7.29 , 4.7.30 and 4.7.31 regarding stream corridor management are due in order to clarify the extent of treatment required along the state's waterways, and to synchronize the treatment of such waterways across county boundaries and when a waterway forms the boundary between counties.

8. The change to Rule 6.1 adds Brazilian egeria, Brazilian elodea (Egeria densa), parrotfeather (Myriophyllum aquaticum), yellow floatingheart (Nymphoides peltata) and yellotuft (Alyssum murale, Alyssum corsicum) to the Watch List, given their current unknown noxious qualities and the need for closer statewide observation.

8.11. November 12, 2014 - Effective December 30, 2014

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S.

Purpose

The purpose of these amendments to the rules are to:

(1) designate an additional plant species for inclusion on List A, and an additional plant species to inclusion to the Watch List;

(2) revise figure numbering to add clarity to the rule;

(3) Update management plans for seven species;

(4) remove two plant species from List B, and move one plant species from List B to List C; and

(5) correct nonsubstantive typographical errors and update internal citations to reflect new rules.

The specific amendments to the rules are as follows:

1. In Parts 3.1 and 3.6.23, add hairy willow-herb (Epilobium hirsutum) to List A.

2. In Parts 4.1, 4.7 and 4.8, revise figure numbers for all List B species.

3. In Part 4.1, remove quackgrass (Elymus repens), spurred anoda (Anoda cristata) and Venice mallow (Hibiscus trionum) from List B.

4. Revise Rule 4.3 to update the species of special interest for future management plan revisions.

5. Revise Rules 4.7.1 , 4.7.4 , 4.7.5 , 4.7.8 , and 4.7.1 0 to update the monitoring period for these List B species: absinth wormwood (Artemisia absinthium), spotted knapweed (Centaurea stoebe), salt cedar(Tamarix chinensis, T. parviflora, and T. ramosissima), oxeye daisy (Leucanthemum vulgare), and houndstongue (Cynoglossum officinale).

6. Revise Rule 4.7.1 to update the management plans for absinth wormwood (Artemisia absinthium).

7. Revise Rule 4.7.2 to update the management plans for Chinese clematis (Clematis orientalis).

8. Revise Rule 4.7.3 to update the management plans for plumeless thistle (Carduus acanthoides).

9. Revise Rule 4.7.4 . to update the management plans for spotted knapweed (Centaurea stoebe).

10. Revise Rule 4.7.6 to update the management plans for black henbane (Hyoscyamus niger).

11. Revise Rule 4.7.8 to update the management plans for oxeye daisy (Leucanthemum vulgare).

12. Revise Rule 4.7.10 to update the management plans for houndstongue (Cynoglossum officinale).

13. Remove management plans for spurred anoda (Anoda cristata) (4.7.14), Venice mallow (Hibiscus trionum) (4.7.15) and quackgrass (Elymus repens) (4.7.33).

14. In Part 5.1, add quackgrass (Elymus repens) to List C.

15. In Part 6.1, add garden loosestrife (Lysimachia vulgaris) to the Watch List, and remove hairy willow-herb (Epilobium hirsutum) from the Watch List.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List A and List B species.

2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and List B species.

3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for List B species absinth wormwood (Artemisia absinthium), Chinese clematis (Clematis orientalis), plumeless thistle (Carduus acanthoides), spotted knapweed (Centaurea stoebe), black henbane (Hyoscyamus niger), for oxeye daisy (Leucanthemum vulgare), and houndstongue (Cynoglossum officinale).

4. After consulting with noxious weed experts, weed managers, agricultural producers and the state noxious weed advisory committee, it was determined that quackgrass (Elymus repens), spurred anoda (Anoda cristata) and Venice mallow (Hibiscus trionum) no longer met the criteria for List B. Quackgrass was moved to List C and spurred anoda and Venice mallow will no longer be included in the noxious weed list.

5. The numerical revisions to existing figures for List B species were done in order to bring additional clarity to these rules, and to establish a more coherent approach to mapping figures, especially given that these maps will continue to be revised and updated in future years.

6. The changes to the Watch List reflect the determination that hairy willow-herb may pose in the near future a significant threat to agricultural productivity and native plant communities of the state, and should be eradicated while still possible, thus warranting its placement on List A. Garden loosestrife has been found in limited areas of the state and has exhibited invasive qualities, and thus merits closer statewide observation prior to any listing decision.

8.12. November 10, 2015 - Effective December 30, 2015

Statutory Authority

These amendments to the rules are adopted by the Commissioner of Agriculture pursuant to his authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 and 115, C.R.S.

Purpose

The purposes of these amendments to the Rules are to:

(1) designate two species for inclusion on List A, and two hybrid species for inclusion on List B;

(2) Update management plans for nine species;

(3) revise figure numbering to add clarity to the Rule; and

(4) correct non-substantive typographical errors and update internal citations to reflect new Rules.

The specific amendments to the rules are as follows:

1. Move flowering rush (Butomus umbellatus) from the Watch List to List A [Rule 3.6.24].

2. Move parrotfeather (Myriophyllum aquaticum) from the Watch List to List A [Rule 3.6.25].

3. In Parts 4.1 and 4.7.4., add spotted x diffuse knapweed hybrid (Centaurea x psammogena = C. stoebe x C. diffusa) to List B.

4. In Parts 4.1 and 4.7.12., add yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica) to List B.

5. Revise Rule 4.3 to update the species of special interest for future management plan revisions.

6. Revise Rule 4.7.5 to update the management plan for salt cedar (Tamarix chinensis, T. parviflora, and T. ramosissima).

7. Revise Rule 4.7.7 to update the management plan for diffuse knapweed (Centaurea diffusa).

8. Revise Rule 4.7.9 ., to update the management plan for yellow toadflax (Linaria vulgaris).

9. Revise Rule 4.7.11 ., to update the management plan for perennial pepperweed (Lepidium latifolium).

10. Revise Rule 4.7.12 . to update the management plan for Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica), including the addition of the hybrid species.

11. Revise Rule 4.7.13 ., to update the management plan for leafy spurge (Euphorbia esula).

12. Revise Rule 4.7.16 to update the management plan for hoary cress (Cardaria draba).

13. Revise Rule 4.7.17 ., to update the management plan for Russian knapweed (Centaurea repens).

14. Revise Rule 4.7.35 ., to update the management plan for Russian-olive (Elaeagnus angustifolia).

15. Delete Figures 3.01-3.04, 4.01, 4.02, 6.04-6.07, 6.09, 6.11, 6.12, 6.14, 8.01, 8.03, 8.06, 8.09, 8.12, 8.14, 8.15, 8.18-8.20, 10.02, 10.04, 10.06-10.08, 10.11, 10.14, 10.16, 11.01, 11.06, 11.10-11.13, 11.16, 12.05, 12.06, 12.09, 12.10, 12.13, 12.14, 12.18, 12.19, 12.23, 12.24, 13.02, 13.08-13.10, 13.13-13.16, 13.18, 14.01, 14.02, 14.05, 14.08, 14.09, and 14.11-14.13 to update the management plan for spotted x diffuse knapweed hybrid (Centaurea x psammogena = C. stoebe x C. diffusa), salt cedar (Tamarix chinensis, T. parviflora, and T. ramosissima), diffuse knapweed (Centaurea diffusa), yellow toadflax (Linaria vulgaris), perennial pepperweed (Lepidium latifolium), Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica), leafy spurge (Euphorbia esula), hoary cress (Cardaria draba), and Russian knapweed (Centaurea repens).

16. Delete and replace Figures 4.03-4.05, 6.01-6.03, 6.08, 6.10, 6.13, 6.15, 8.02, 8.04, 8.05, 8.07, 8.08, 8.10, 8.11, 8.13, 8.16, 8.17, 10.01, 10.03, 10.05, 10.09, 10.10, 10.12, 10.13, 10.15, 10.17, 10.18, 11.02-11.05, 11.07-11.09, 11.14, 11.15, 11.17, 12.01-12.04, 12.07, 12.08, 12.11, 12.12, 12.15-12.17, 12.20-12.22, 12.25-12.27, 13.01, 13.03-13.07, 13.11, 13.12, 13.17, 13.19, 14.03, 14.04, 14.06, 14.07, 14.10, and 14.14 to update the management plan for salt cedar (Tamarix chinensis, T. parviflora, and T. ramosissima), diffuse knapweed (Centaurea diffusa), yellow toadflax (Linaria vulgaris), perennial pepperweed (Lepidium latifolium), Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica), leafy spurge (Euphorbia esula), hoary cress (Cardaria draba), and Russian knapweed (Centaurea repens).

17. Add Figures 3.01-3.04, 4.01-4.13, 6.01-6.11, 8.01-8.14, 10.01-10.14, 11.01-11.10, 12.01-12.19, 13.01-13.21, and 14.01-14.11 to update the management plan for spotted x diffuse knapweed hybrid (Centaurea x psammogena = C. stoebe x C. diffusa), salt cedar (Tamarix chinensis, T. parviflora, and T. ramosissima), diffuse knapweed (Centaurea diffusa), yellow toadflax (Linaria vulgaris), perennial pepperweed (Lepidium latifolium), Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica), leafy spurge (Euphorbia esula), hoary cress (Cardaria draba), and Russian knapweed (Centaurea repens).

18. These revisions incorporate changes as a result of the Department's Regulatory Efficiency Review Process.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List A and List B species.

2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and List B species.

3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for the following List B species: spotted x diffuse knapweed hybrid (Centaurea x psammogena = C. stoebe x C. diffusa), salt cedar (Tamarix chinensis, T. parviflora, and T. ramosissima), diffuse knapweed (Centaurea diffusa), yellow toadflax (Linaria vulgaris), perennial pepperweed (Lepidium latifolium), Dalmatian toadflax (Linaria dalmatica and Linaria genistifolia) and yellow x Dalmatian toadflax hybrid (Linaria vulgaris x L. dalmatica), leafy spurge (Euphorbia esula), hoary cress (Cardaria draba), Russian knapweed (Centaurea repens) and Russian-olive (Elaeagnus angustifolia).

4. The changes to List A reflect the determination that flowering rush (Butomus umbellatus) and parrotfeather (Myriophyllum aquaticum) may pose in the near future a significant threat to agricultural productivity and native plant communities of the state, and should be eradicated while still possible, thus warranting their placement on List A.

8.13. Adopted February 8, 2017 - Effective March 30, 2017

Statutory Authority

These amendments to the Rules are adopted by the Commissioner pursuant to his authority under the Colorado Noxious Weed Act §§ 35-5.5-108 and 115, C.R.S.

Purpose

The purpose of these amendments are to: remove one species from the Watch List; add one species to the Watch List; update management plans for seven List B species; remove figures from the Rule; correct non-substantive typographical errors; update the numbering system to be consistent with other Department Rules; and update internal citations to reflect new Rules.

The specific amendments to the rules are as follows:

1. Update the species of special interest for future management plan revisions.

2. Update the management plans for: bull thistle (cirsium vulgare); Eurasian watermilfoil (Myriophyllum spicatum); musk thistle (Carduus nutans); scotch thistle (Onopordum acanthium, O. tauricum); common teasel (Dipsacus fullonum); cutleaf teasel (Dipsacus laciniatus); and jointed goatgrass (Aegilops cylindrica).

3. Remove yellowtuft (Alyssum murale) from the Watch List, and add hoary alyssum (Berteroa incana) to the Watch List.

4. Remove figures from the Rule and provide them separately via the Departments website.

5. The revisions incorporate changes as a result of the Department's Regulatory Efficiency Review Process.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List A and List B species.

2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and List B species.

3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for the following List B species: bull thistle (Cirsium vulgare), musk thistle (Carduus nutans), scotch thistle (Onopordum acanthium, O. tauricum), common teasel (Dipsacus fullonum), cutleaf teasel (Dipsacus laciniatus), jointed goatgrass (Aegilops cylindrica) and Eurasian watermilfoil (Myriophyllum spicatum).

4. The changes to the Watch List reflect the determination that yellowtuft (Alyssum murale) is no longer considered a significant threat to agricultural productivity and native plant communities of the state, and should be removed from this list; and that hoary alyssum (Berteroa incana) may become a significant threat and requires additional monitoring and investigation by adding it to the Watch List.

5. The figures currently included in the Rule are intended to serve as a visual aid in understanding the text of the Rule, they are being removed. To avoid any confusion in the case of an inconsistency between a figure and the Rule text, the figures will be provided separately on the Department's website. If a figure contains information that is inconsistent with the text of a Rule the text will prevail as it alone constitutes the legally binding Rule.

8.14. Adopted February 22, 2018 - Effective March 30, 2018

Statutory Authority

These amendments to the Rules are adopted by the Commissioner pursuant to his authority under the Colorado Noxious Weed Act §§ 35-5.5-108 (2.3) and 115, C.R.S.

Purpose

The purpose of these amendments are to: clarify the form and types of mapping data to be submitted by local governing bodies; remove one species from List B; correct species spellings for two List B species; update management plans for eight List B species; move rule language regarding riparian areas and road rights-of-way so that they appear at the beginning of the List B species rather than repeated throughout the rule; and correct non-substantive typographical, numerical and formatting errors.

The specific amendments to the rules are as follows:

1. Revise Part 3.5 to allow the Commissioner to specify the form and types of mapping data required to be submitted for List A species.

2. Revise Part 4.1 to remove corn chamomile (Anthemis arvensis) from List B, and to correct the common names for mayweed chamomile and the scientific name for scentless chamomile (Tribleurospermum indorum), according to The Flora of North America.

3. Revise Part 4.2 to specify a rotation schedule for keeping management plans for List B species up to date.

4. Revise Part 4.3 to update the species of special interest for future management plan revisions, and to specify that local governing bodies should, to the maximum extent possible, provide mapping data in a form and type approved by the Commissioner.

5. Revise Part 4.6 to consolidate noxious weed management in riparian area rules at the beginning of Part 4 and to establish a consistent riparian setback distance of 100 feet for List B species.

6. Revise Part 4.8 to consolidate rule language regarding public rights-of-ways, roads, highways, and appurtenant easements at the beginning of Part 4.

7. Update the management plans for: sulfur cinquefoil (Potentilla recta), scentless chamomile (Tripleurospermum inordorum), mayweed chamomile (Anthemis cotula), dame's rocket (Hesperis matronalis), moth mullein (Verbascum blattaria), bouncingbet (Saponaria officinalis), common tansy (Tanacetum vulgare) and wild caraway (Carum carvi).

8. Revise Part 6.1 to correct the scientific name for Himalayan blackberry (Rubus discolor) based upon up-to-date information provided in The Flora of North America.

9. Revise the Rules to correct non-substantive typographical and formatting errors and to update numerical references for accuracy

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act state that the Commissioner will develop and implement state noxious weed management plans for selected List A and List B species.

2. State noxious weed management plans are necessary in order to coordinate appropriate actions at the private, local, state, and federal levels that will halt the continued spread of these List A and List B species.

3. The proposed plans have been developed in consultation with the state noxious weed advisory committee, local governments, and other interested parties. The proposed plans include weed management plans for the following List B species: sulfur cinquefoil (Potentilla recta), scentless chamomile (Tripleurospermum indorum), mayweed chamomile (Anthemis cotula), dame's rocket (Hesperis matronalis), moth mullein (Verbascum blattaria), bouncingbet (Saponaria officinalis), common tansy (Tanacetum vulgare) and wild caraway (Carum carvi).

4. The revisions to Part 4.1 reflect the determination, supported by evidence reviewed by the Department, that corn chamomile is rare and that most of the chamomile found in Colorado is either scentless or mayweed/stinking chamomile.

5. The revisions to Part 4.3 clarify that information on distribution and abundance of certain List B species, including mapping data, relate to a rolling list of List B species that changes annually. The changes to the Rule also clarify the relationship between data submission and statewide management plans.

6. The Department is consolidating rule requirements for riparian area management in a new Part 4.6. This revision should clarify and shorten the Rule.

7. The revisions to this new Part 4.6 apply a setback distance of 100 feet from the ordinary high water mark. The Department derived this setback distance based upon its review of a collection of evidence indicating that this setback distance is where natural disturbance, such as sediment and soil seed bank movement, can be accommodated, while still protecting the physical, chemical, and biological integrity of streams and rivers. This consolidation of these requirements in Part 4.6 ensures the setback distance is applied consistently throughout the rule.

8. The Department is consolidating Rule requirements regarding public rights-of-ways, roads, highways and appurtenant easements in a new Part 4.7. This revision replaces the previous format where this same language appeared in all List B species management plans.

9. The revision to Part 6.1 is to be consistent with the scientific name in the Flora of North America for the synonym for Himalayan blackberry (Rubus armeniacus).

8.15. Adopted September 9, 2020 - Effective October 30, 2020

Statutory Authority

These amendments to the Rules are adopted by the Commissioner pursuant to her authority under the Colorado Noxious Weed Act, §§ 35-5.5-108 (2.3) and 115, C.R.S.

Purpose

The purpose of these amendments are to: update the management plans for 16 List B species; update the scientific names for four List A species and four List B species; remove the Watch List; and update deadlines associated with treatment of management throughout the Rule.

The specific amendments to the rules are as follows:

1. Revise Part 3.1 to update the scientific names of four List A species: Japanese knotweed, from Polygonum cuspidatum to Fallopia japonica; Giant knotweed, from Polygonum sachalinense to Fallopia sachalinense; Bohemian knotweed, from Fallopia x bohemicum to Fallopia bohemicum; and meadow knapweed, from Centaurea nigrescense to Centaurea moncktonii following scientifically accepted taxonomy and nomenclature in the Integrated Taxonomic Information System.

2. Revise Parts 3.5.2 and 4.3.1.2 to clarify that the Department is collecting data in a manner that permits it to measure abundance, including, but not limited to, the listed examples in the revised Rule.

3. Revise Parts 3.5.3 and 4.3.1.3. to distinguish infested area from gross area.

4. Revise Part 4.1 to update the scientific names of four List B species: Hoary cress, from Cardaria draba to Lepidium draba; Russian knapweed, from Acroptilon repens to Rhaponticum repens; Spotted knapweed, from Centaurea stoebe to Centaurea stoebe ssp. micranthos; and Spotted x diffuse knapweed hybrid, from Centaurea x psammogena c. stoebe x C. diffusa ssp. micranthos to Centaurea x psammogena following scientifically accepted taxonomy and nomenclature in the Integrated Taxonomic Information System.

5. Revise Part 4.3 to identify a subset of species of special interest for future management plan revisions, consistent with a rotation schedule that divides noxious species into cohorts of five to seven species. The division of species into scheduled cohorts is necessary to make statewide management plan updates manageable. Cohorts are grouped by taxa and expiration dates where possible.

6. Revise Part 4.8 to update the management plans for: absinth wormwood (Artemisia absinthium), black henbane (Hyoscyamus niger), Canada thistle (Cirsium arvense), Chinese clematis (Clematis orientalis), diffuse knapweed (Centaurea diffusa), hoary cress (Cardaria draba), houndstongue (Cynoglossum officinale), leafy spurge (Euphorbia esula), oxeye daisy (Leucanthemum vulgare), plumeless thistle (Carduus acanthoides), Russian-olive (Elaeagnus angustifolia), salt cedar (Tamarix chinensis and T. ramosissima), spotted knapweed (Centaurea stoebe L. ssp. micranthos), diffuse knapweed (Centaurea diffusa), spotted x diffuse knapweed hybrid (Centaurea x psammogena), and yellow nutsedge (Cyperus esculentus). The new Rules also remove T. parviflora from Part 4.8.

7. Revise Part 4.8 to change management plan expiration dates from a 5-year rotation schedule to a 10-year rotation schedule while scheduling species that are over-due for management plan updates as a first priority and maintaining taxonomic cohorts when possible.

8. Remove Part 6 from the Rules.

9. Revise the Rules to correct non-substantive typographical, grammatical and formatting errors and to update numerical references for accuracy.

Factual and Policy Issues

The factual and policy issues encountered in the proposal of these amendments to the rules are as follows:

1. The Department learned that the names of certain weed species were no longer correct. Therefore, the Department has revised the scientific names of certain List A and List B species to reflect current scientific nomenclature.

2. The Department was not receiving information that consistently provided a quantifiable abundance of reported noxious weed species. Therefore, the Department revised the Rules to ensure that it receives data that measure abundance. The Department prefers to receive such information in the form of percent cover of noxious weed species, but it will accept other measures of abundance from reporting counties, localities, etc.

3. The Rules previously referenced "gross area" instead of "infested area." Gross area overestimates the magnitude and severity of an infestation because it includes land cover other than noxious weed species (e.g., roads, bare mineral soil, native plants, structures). Infested area, however, provides site-specific information that describes the current magnitude and severity of noxious weed species only and, as such, is more consistent with the language of the statute.

4. The amendments to Part 4.3 update the weed species for which the Department collects information on distribution and abundance from local governments. Specifically, the Rule amendments replace absinth wormwood, Canada thistle, plumeless thistle, Russian olive, salt cedar, and yellow nutsedge with common teasel, cutleaf teasel, yellow toadflax, Dalmatian toadflax, and yellow x Dalmatian toadflax hybrid.

5. The Department worked with statewide weed managers, county weed managers, the state Noxious Weed Advisory Committee, conservation districts, and other interested parties between March 2018 and March 2020 to collect data and, based on that data, develop revised weed management plans for the following List B species: absinth wormwood (Artemisia absinthium), black henbane (Hyoscyamus niger), Canada thistle (Cirsium arvense), Chinese clematis (Clematis orientalis), diffuse knapweed (Centaurea diffusa), hoary cress (Cardaria draba), houndstongue (Cynoglossum officinale), leafy spurge (Euphorbia esula), oxeye daisy (Leucanthemum vulgare), plumeless thistle (Carduus acanthoides), Russian-olive (Elaeagnus angustifolia), salt cedar (Tamarix chinensis and T. ramosissima), spotted knapweed (Centaurea stoebe ssp. micranthos), diffuse knapweed (Centaurea diffusa), spotted x diffuse knapweed hybrid (Centaurea x psammogena), and yellow nutsedge (Cyperus esculentus).

6. Plan revisions included creating or changing containment zone boundaries and updating containment, suppression, or eradication objectives. In making these changes, the Department relied upon the data submitted into EDDMapS, a web-based mapping system for documenting invasive species and pest distribution, by local governments. Specifically, local governments provided occurrence records showing the distribution and abundance for the above-named species. Local governments collected these data using different resources, including local weed program employees, private contractors, citizen scientists, volunteers, Colorado Parks and Wildlife, USDA Forest Service, and/or state conservation districts. The Department reviewed and analyzed the data using peer-reviewed methods of analysis to determine with a high degree of confidence where occurrences are clustered; where such clusters are randomly dispersed versus concentrated; where the center of infestation appears; the direction, length, and width of an infestation; and where appearances are or are not statistically significant. These data and the Department's geostatistical analysis of the same served as the basis for the Department's determination of containment area boundaries and management objectives.

7. Smallflower tamarisk (Tamarix parviflora) currently appears on List B. However, this weed species is not known to be present in Colorado, and scientific evidence does not support its inclusion on List B. Therefore, the Department is removing smallflower tamarisk from List B.

8. The Department is removing Part 6, the Watch List, from the Rules so that it can update the Watch List in real-time. Such a revision furthers the goals of early detection of invasive plants and a rapid response to their control when necessary.

8 CCR 1206-2, pt. 8 - Statements of Basis, Specific Statutory Authority and Purpose

Notes