8 Colo. Code Regs. § 1206-2, pt. 7

Current through Register Vol. 47, No. 22, November 25, 2024

Part 7 - Compliance Waiver

7.1. Local governing bodies and landowners with any population of any List A species or population of any List B species may apply for a compliance waiver granted by the Commissioner.

7.2. To apply for a compliance waiver, local governing bodies or landowners must submit a written petition to the State Weed Coordinator via mail (Colorado Department of Agriculture, 305 Interlocken Parkway, Broomfield, CO 80021), fax (303) 466-2860, or email (weeds@state.co.us with "Attention: noxious weed petition" in the subject line). The Department will only consider a petition for waiver during the growing season of the target weed when the extent of the problem can be properly evaluated at the site for which the petition is submitted. The petition should provide specific information pertinent to the reevaluation of the specified management objective for the target weed in a specified geographic region.

7.3. The Commissioner will evaluate petitions using the following criteria:

A. The known distribution of the target weed species in the specified geographic region;

B. The feasibility of current control technologies to achieve the management objective for the target population;

C. The cost of carrying out the management objective specified in the target weed management plan; and

D. Any other site-specific information that establishes that the specified management objective is not feasible for a specific population in a specified geographic region.

Petitioners must address these criteria and explain specifically what conditions exist that establish that the specified management objective is not viable.

7.4. The Commissioner will grant or deny a petition within fifteen business days of receiving it.

7.5. The Commissioner may revoke a compliance waiver at any time if the information provided in the petition was incomplete or inaccurate, or if conditions change such that the specified management objective becomes viable.

8 CCR 1206-2, pt. 7

40 CR 05, March 10, 2017, effective 3/30/2017

41 CR 05, March 10, 2018, effective 3/30/2018

43 CR 19, October 10, 2020, effective 10/30/2020

46 CR 08, April 25, 2023, effective 5/15/2023