DEPARTMENT OF AGRICULTURE
Plant Industry Conservation Services Division
8 CCR 1203-19 1206-2
RULES PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE COLORADO NOXIOUS WEED ACT
Part 2	General Provisions
2.1.	At any time, affected persons may suggest and the Commissioner may approve additional prescribed integrated management techniques not specified in these rules for the eradication, containment, or suppression of designated state noxious weeds. Such approval may be site-specific or broadly applicable. The Commissioner will publish a list on the Colorado Department of Agriculture website (http://www.ag.state.co.us/dpicsd/weeds/weedhome.html) of the herbicides, cultural techniques, and mechanical techniques approved for use under the specific state noxious weed management plans for List A and List B species.
Part 4	List B Noxious Weed Species
4.3.	Local governing bodies and other interested parties are encouraged to make special note of the distribution and abundance of black henbane, Canada thistle, houndstongue, perennial pepperweed, diffuse knapweed, oxeye daisy, salt cedar, spurred anoda, Venice mallow, and yellow nutsedge, and yellow toadflax as these are likely to be among the first List B species for which the Commissioner will consult with the state noxious weed advisory committee, local governments, and other interested parties in order to develop and implement state noxious weed management plans in 2006-2007 designed to stop the continued spread of these species. State noxious weed management plans for additional List B species will be developed in future years.
4.4.	It is a violation of these rules to allow any plant of any population of a List B species designated for eradication by the Commissioner in a state noxious weed management plan (Rules 4.7.1-4.7.59) to produce seed or develop other reproductive propagules after the time specified in the plan for elimination.
4.5.	Prescribed management techniques must be applied to every population of List B species designated for eradication by the Commissioner in a state noxious weed management plan (Rules 4.7.1-4.7.59) to achieve the following objectives:
A.	The plants of every population of List B species designated for eradication must be eliminated prior to seed development in the year specified.
B.	Any population that is discovered in areas designated for eradication subsequent to the year specified for elimination must be eliminated prior to the development of viable seed. If the population is discovered after seed development has occurred, then efforts must be made to minimize the dispersion of seed and elimination is required prior to seed development in the following year. 
C.	Once all plants are eliminated, appropriate efforts must be made in subsequent years to detect and eliminate new plants arising from seed, reproductive propagule, or root stock prior to seed development for the duration of the seed longevity for the particular species.
D.	In order to ensure that seeds or other reproductive propagules are not produced or spread, any plant with flowers, seeds, or other reproductive propagules must be placed in sealed plastic bags and disposed of by:
1.	high intensity burning in a controlled environment that completely destroys seed viability;
2.	removal of plant materials to a solid waste landfill which covers refuse daily with six inches of soil or alternative material; or
3.	any other method approved by the Commissioner.
4.6.	Within one year of detection, any local governing body with a population of any List B species for which the Commissioner has developed and implemented a state noxious weed management plan must provide to the State Weed Coordinator mapping data pertinent to distribution and abundance of such species in a form prescribed by the State Weed Coordinator.
4.7.	State Noxious Weed Management Plans for List B Noxious Weed Species
4.7.1.	Absinth wormwood. In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for absinth wormwood:
A.	Elimination of all populations is required prior to seed development in 2005 in all Colorado counties except for Eagle, Garfield, Gunnison, and Pitkin Counties. 
B.	Except as otherwise specified in Part 4.7.1.D this plan, elimination of all populations in Eagle, Gunnison, and Pitkin Counties must be completed prior to seed development in 2007.
C.	Except as otherwise specified in Part 4.7.1Dthis plan, elimination of all populations in Garfield County must be completed prior to seed development in 2008 for all land north of Interstate Highway 70, west of State Highway 82 from Glenwood Springs to Carbondale, and west of State Highway 133 from Carbondale to the southern border of Garfield County. For all other land in Garfield County, suppression is the specified State management objective (see Rule 4.7.68, Figure 1).
D.	All populations in this state that are within 15 feet from the edge of any public road and any immediately adjacent area used for parking must be eliminated prior to seed development in 2005. 
E.	The prescribed integrated management techniques for the eradication of designated populations are limited to the use of herbicides approved by the Commissioner and hand-pulling, digging, or other mechanical techniques approved by the Commissioner.
F.	Prescribed integrated management techniques do not include the use of: (1) any biocontrol agents or; (2) any herbicides, cultural techniques, or mechanical techniques other than those approved by the Commissioner.
G.	Seed longevity is unknown. Infested sites must be monitored for at least 10 years after the populations have been eliminated and treatments must be repeated when necessary to prevent flowering and development of seed.
4.7.2.	Chinese clematis. In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for Chinese clematis:
A.	Elimination of all populations is required prior to seed development in 2005 in all Colorado counties except for Clear Creek, El Paso, and Jefferson Counties.
B.	Except as otherwise specified in Part 4.7.2F and in Part 4.7.2G this plan, elimination of all populations in Clear Creek County must be completed prior to seed development in 2008. 
C.	Except as otherwise specified in Part 4.7.2F and in Part 4.7.2G this plan, elimination of all populations in El Paso County must be completed prior to seed development in 2005 for all land east of Interstate Highway 25 from the northern El Paso County border to Exit 150 (Academy Blvd), all land east of Academy Blvd from its northern intersection with Interstate Highway 25 at Exit 150 to its southern intersection with Interstate Highway 25 at Exit 135, and all land east of Interstate Highway 25 from Exit 135 (Academy Blvd) to the southern El Paso County border. Elimination of all populations in El Paso County must be completed prior to seed development in 2007 for all land west of these demarcations (see Rule 4.7.68, Figure 2).
D.	Except as otherwise specified in Part 4.7.2F and in Part 4.7.2G this plan, elimination of all populations in Jefferson County must be completed prior to seed development in 2005 for all land south of latitude 39° 33.934’N. North of latitude 39° 33.934’N, elimination of all populations in Jefferson County must be completed prior to seed development in 2006 unless otherwise specified in this plan (see Rule 4.7.68, Figure 3). 
E.	The Commissioner may determine that some populations cannot safely be eradicated because of the steepness or instability of the mountainous terrain on which they are located. In such cases, the requirement for elimination may be waived.
F.	All populations in this state that are within 15 feet from the edge of any public road and any immediately adjacent area used for parking must be eliminated prior to seed development in 2005. 
G.	All populations in this state that are within 15 feet of the high water line of any intermittent or perennial stream or river must be eliminated prior to seed development in 2006. 
H.	The prescribed integrated management techniques for the eradication of designated populations are limited to the use of herbicides approved by the Commissioner and digging, or other mechanical techniques approved by the Commissioner.
I.	Prescribed integrated management techniques do not include the use of: (1) any biocontrol agents or; (2) any herbicides, cultural techniques, or mechanical techniques other than those approved by the Commissioner.
J.	Seed longevity is unknown. Infested sites must be monitored for at least 10 years after the populations have been eliminated and treatments must be repeated when necessary to prevent flowering and development of seed.
4.7.3.	Plumeless thistle. In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for plumeless thistle:
A.	Elimination of all populations is required prior to seed development in 2005 in all Colorado counties except for Eagle, Garfield, Gunnison, and Pitkin Counties.
B.	Except as otherwise specified in Part 4.7.3Fthis plan, elimination of all populations in Eagle County must be completed prior to seed development in 2008 for all land within the Eagle River watershed found upstream from Exit 167 of Interstate Highway 70 (39° 38.232’N, 106° 31.387’W) and all land within the Colorado River watershed found upstream from the convergence of Sweetwater Creek and the Colorado River (39° 43.232’N, 107° 01.947’W). For all other land in Eagle County, suppression is the specified State management objective (see Rule 4.7.68, Figure 4).
C.	Except as otherwise specified in Part 4.7.3Fthis plan, elimination of all populations in Garfield County must be completed prior to seed development in 2008 for all land outside of the area defined by longitude 107° 59.973’W, latitude 39° 39.044’N, the eastern border of Garfield County, and the southern border of Garfield County. For all other land in Garfield County, suppression is the specified State management objective (see Rule 4.7.68, Figure 5).
D.	Except as otherwise specified in Part 4.7.3Fthis plan, elimination of all populations in Gunnison County must be completed prior to seed development in 2006 for all land within the Crystal River watershed. Elimination of all other populations in Gunnison County must be completed prior to seed development in 2005 (see Rule 4.7.68, Figure 6).
E.	Except as otherwise specified in Part 4.7.3Fthis plan, elimination of all populations in Pitkin County must be completed prior to seed development in 2008 for all land east of the Crystal River within the Crystal River watershed and in 2010 for all land west of the Crystal River within the Crystal River watershed. For all other land in Pitkin County, suppression is the specified State management objective (see Rule 4.7.68, Figure 7).
F.	All populations in this state that are within 15 feet from the edge of any public road and any immediately adjacent area used for parking must be eliminated prior to seed development in 2005.
G.	The prescribed integrated management techniques for the eradication of designated populations are limited to the use of herbicides approved by the Commissioner and hand-pulling, digging, or other mechanical techniques approved by the Commissioner.
H.	Prescribed integrated management techniques do not include the use of: (1) any biocontrol agents or; (2) any herbicides, cultural techniques, or mechanical techniques other than those approved by the Commissioner.
I.	Seed longevity is unknown. Infested sites must be monitored for at least 10 years after the populations have been eliminated and treatments must be repeated when necessary to prevent flowering and development of seed.
4.7.4.	Spotted knapweed. In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for spotted knapweed:
A.	Elimination of all populations is required prior to seed development in 2006 in all Colorado counties except for La Plata County.
B.	Except as otherwise specified in Part 4.7.4Cthis plan, elimination of all populations in La Plata County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by State Highway 160 on the north, County Roads 141 and 136 on the east, a line drawn from East to West connecting County Road 136 where it joins State Highway 140 and the La Plata River, the La Plata River on the west from this line to its confluence with Cherry Creek, and Cherry Creek on the west until it meets State Highway 160. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.7.68, Figure 8).
C.	All populations in this state that are within 15 feet from the edge of any public road and any immediately adjacent area used for parking must be eliminated prior to seed development in 2005.
D.	The prescribed integrated management techniques for the eradication of designated populations are limited to the use of herbicides approved by the Commissioner and hand-pulling, digging, or other mechanical techniques approved by the Commissioner.
E.	Prescribed integrated management techniques do not include the use of: (1) any biocontrol agents or; (2) any herbicides, cultural techniques, or mechanical techniques other than those approved by the Commissioner.
F.	Seed longevity is estimated to be at least fifteen years. Infested sites must be monitored for at least fifteen years after the populations have been eliminated and treatments must be repeated when necessary to prevent flowering and development of seed.
4.7.5.	Salt cedar. In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for salt cedar:
A.	Elimination of all populations is required prior to seed development in 2006 in Alamosa, Conejos, Costilla, Jackson, Rio Grande, and Saguache Counties. 
B.	Except as otherwise specified in this plan, elimination of all populations in San Miguel and Montrose Counties must be completed prior to seed development in 2006 for all land within the watershed upstream from the confluence (38° 12.327’N, 108° 18.654’W) of Horsefly Creek and the San Miguel River (see Rule 4.7.68, Figure 9). 
C.	Except as otherwise specified in this plan, elimination of all populations in Eagle, Garfield, Grand, Routt, and Summit Counties must be completed prior to seed development in 2007 for all land within the Colorado River watershed upstream from the point at which the Colorado River crosses the Eagle/Garfield County line (39° 37.474’N, 107° 06.762’W) (see Rule 4.7.68, Figure 10).
D.	The prescribed integrated management techniques for the eradication of designated populations are limited to the use of herbicides approved by the Commissioner and hand-pulling, digging, sawing, or other mechanical techniques approved by the Commissioner.
E.	Prescribed integrated management techniques do not include the use of: (1) any biocontrol agents or; (2) any herbicides, cultural techniques, or mechanical techniques other than those approved by the Commissioner.
F.	Seed longevity is less than one year.
4.7.6.	Black henbane. In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for black henbane:

A. 	Elimination of all populations is required prior to seed development in 2006 in all Colorado counties except for Grand, Larimer, Moffat, Rio Blanco, and Saguache Counties.

B. 	Except as specified in Part 4.7.6G, elimination of all populations in Grand County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by Latitude 40° 11’05”N, Longitude 105° 48’29”W, Latitude 40° 03’41”N, and Longitude 106° 00’06”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 11).

C. 	Except as specified in Part 4.7.6G, elimination of all populations in Larimer County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by County Road 80 on the north, Boxelder Creek and State Highway 1 on the east, and US Highway 287 on the south and west. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 12).

D.	Except as specified in Part 4.7.6G, elimination of all populations in Moffat County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by US Highway 40 on the north, the eastern border of Moffat County, Williams Fork River on the south, and State Highway 13 on the west.  For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 13). 

E. 	Except as specified in Part 4.7.6G, elimination of all populations in Rio Blanco County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by Latitude 39° 55’42”N, Dry Fork Piceance Creek and Longitude 108° 04’47” W on the east, Latitude 39° 52’31” N, and Piceance Creek on the west and of an area demarcated by Latitude 40° 03’44”N, Longitude 107° 37’36”W and Forest Service Road 245 on the east, Forest Service Road 243 on the south, and a line drawn from Forest Service Road 243 to Longitude 107° 41’37”W, and Longitude 107° 41’37”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 14).
F. 	Except as specified in Part 4.7.6G, elimination of all populations in Saguache County must be completed prior to seed development in 2011 for all land outside the boundaries of an area demarcated by the County Border on the north, Longitude 106° 37’19”W to State Highway 114, State Highway 114 on the east until Longitude 105° 33’21”W, Longitude 105° 33’21”W, Latitude 38° 07’31”N, and Longitude 106° 48’37”W, and of an area demarcated by Latitude 38 18’29”N Longitude 106 14’48”W, Latitude 38 03’56”N, and Longitude 106 22’33”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 15).
G.	All populations in this state that are within 15 feet from the edge of any public road and any immediately adjacent area used for parking must be eliminated prior to seed development in 2006.
H.	The prescribed integrated management techniques for the eradication of designated populations are limited to the use of herbicides approved by the Commissioner and hand-pulling, digging, or other mechanical techniques approved by the Commissioner.
I.	Prescribed integrated management techniques do not include the use of: (1) any biocontrol agents or; (2) any herbicides, cultural techniques, or mechanical techniques other than those approved by the Commissioner.
J.	Seed longevity is estimated to be at least four years. Infested sites must be monitored for at least four years after the populations have been eliminated and treatments must be repeated when necessary to prevent flowering and development of seed.
4.7.7.	D iffuse knapweed. In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for diffuse knapweed:

A.	Elimination of all populations is required prior to seed development in 2006 in all Colorado counties except for Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Elbert, Garfield, Gilpin, Grand, Huerfano, Jefferson, Larimer, Las Animas, Moffat, Park, Pueblo, Rio Blanco, Washington and Weld Counties.

B.	Except as specified in Part 4.7.7V, elimination of all populations in Adams County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the northern border of Adams County, Longitude 108° 47’26”W, the southern border of Adams County, and the western border of Adams county and of an area demarcated by 88th Avenue on the north, Antelope Creek on the east, a line drawn from north to south connecting the beginning of Antelope Creek to the southern border of Adams County, the southern border of Adams county, and State Highway 79 on the west. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 16).

C.	Except as specified in Part 4.7.7V, elimination of all populations in Arapahoe County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by the northern border of Arapahoe County, Kiowa Creek to the east, the southern border of Arapahoe County, and the western border of Arapahoe County and of an area demarcated by the northern border of Arapahoe County, Strasburg Road, Latitude 39° 42’31”N, and Wolf Creek. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 17).

D.	Except as specified in Part 4.7.7V, elimination of all populations in Boulder County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by the northern border of Boulder County, the eastern border of Boulder County, the southern border of Boulder County, and Longitude 105° 37’45”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 18).

E.	Except as specified in Part 4.7.7V, suppression is the specified State management objective for all populations in Broomfield and Denver Counties.

F.	Except as specified in Part 4.7.7V, elimination of all populations in Douglas County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by the northern border of Douglas County, the eastern border of Douglas County, the southern border of Douglas County, Rampart Road on the west until it meets State Highway 67, State Highway 67 to County Road 40, County Road 40 on the west, and the western border of Douglas County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 19).

G.	Except as specified in Part 4.7.7V, elimination of all populations in El Paso County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by the northern border of El Paso County, North Calhan Highway and Calhan Highway on the east, a line that runs north to south connecting Calhan Highway to State Highway 94, Highway 94 to Curtis Road, Curtis Road and Chico Creek on the east, the southern border of El Paso County, Interstate 25 on the west until it transects Little Fountain Creek, Little Fountain Creek on the west, State Highway 115 and US Highway 24 on the west, and the western border of El Paso County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 20).

H.	Except as specified in Part 4.7.7V, elimination of all populations in Elbert County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by the northern border of Elbert County, Longitude 103 52’00” W, Latitude 39 07’42” N, and the western border of Elbert County.  For all land within these boundaries, suppression is the specificed State management objective (see Rule 4.8, Figure 21).

I.	Except as specified in Part 4.7.7V, elimination of all populations in Garfield County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by Latitude 39° 37’38”N, Forest Service Road 602 on the east, a line drawn southwest connecting Forest Service Road 602 to State Highway 82, State Highway 82 on the east, the southern border of Garfield County, and Longitude 108° 28’14”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 22).

J.	Except as specified in Part 4.7.7V, elimination of all populations in Gilpin County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by the northern border of Gilpin County, the eastern border of Gilpin County, and State Highway 119 on the west. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 23).

K.	Except as specified in Part 4.7.7V, elimination of all populations in Grand County must be completed prior to seed development in 2009.

L.	Except as specified in Part 4.7.7V, elimination of all populations in Huerfano County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by State Highway 160 on the north, Longitude 105° 59’40”W, Latitude 37° 25’54”N, and Longitude 105° 03’57”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 24).

M.	Except as specified in Part 4.7.7V, elimination of all populations in Jefferson County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by the northern border of Jefferson County, the eastern border of Jefferson County, the North Fork of the South Platte River on the south, and the western border of Jefferson County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 25).

N.	Except as specified in Part 4.7.7V, elimination of all populations in Larimer County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by the North Fork of the Big Thompson River, Longitude 105° 03’25”W and the eastern border of Larimer County, the southern border of Larimer County, and Longitude 105° 37’45”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 26).

O.	Except as specified in Part 4.7.7V, elimination of all populations in Las Animas County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by Latitude 37° 08’42”N, Longitude 104° 51’09”W, Latitude 37° 07’48”N, and Longitude 104° 49’59”W and of an area demarcated by the Van Bremer Arroyo, Longitude 104° 09’45”W, the Luning Arroyo, and State Highway 350. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 27).

P.	Except as specified in Part 4.7.7V, elimination of all populations in Moffat County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by US Highway 40 on the north, Longitude 107 30’19” W and 33 Road on the east, State Route 317 and State Highway 13 until it intersects with the Williams Fork River, Williams Fork River and the Yampa River on the south, and Longitude 107 44’01” W. For all land within these boundaries, supression is the specified State managemnt objective (see Rule 4.8, Figure 28).

Q.	Except as specified in Part 4.7.7V, elimination of all populations in Park County must be completed prior to seed development in 2007.

R.	Except as specified in Part 4.7.7V, elimination of all populations in Pueblo County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by Latitude 38° 00’32”N, the Huerfano River, the southern border of Pueblo County, Interstate 25 until it intersects the Greenhorn River, and the Greenhorn River. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 29).

S.	Except as specified in Part 4.7.7V, elimination of all populations in Rio Blanco County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by the northern border of Rio Blanco County, County Road 15 on the east, and State Highway 13, and of an area demarcated by Latitude 40 00’06”N, Longitude 108 10’30”W, Latitude 39 48’39”N and Longitude 108 25’17”W.  For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 30).

T.	Except as specified in Part 4.7.7.V, elimination of all populations in Washington County must be completed prior to seed development in 2011.

U.	Except as specified in Part 4.7.7V, elimination of all populations in Weld County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by the Little Thompson River on the north until it meets State Highway 60, State Highway 60 on the north, State Highway 60 and US Highway 85 on the east, the southern border of Weld County, and the western border of Weld County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 31).
V.	All populations in this state that are within 15 feet from the edge of any public road and any immediately adjacent area used for parking must be eliminated prior to seed development in 2006.
W.	The prescribed integrated management techniques for the eradication of designated populations are limited to the use of herbicides approved by the Commissioner and hand-pulling, digging, or other mechanical techniques approved by the Commissioner.
X.	Prescribed integrated management techniques do not include the use of: (1) any biocontrol agents or; (2) any herbicides, cultural techniques, or mechanical techniques other than those approved by the Commissioner.
Y.	Seed longevity is unknown. Infested sites must be monitored for at least 10 years after the populations have been eliminated and treatments must be repeated when necessary to prevent flowering and development of seed.
4.7.8.	Oxeye daisy. In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for oxeye daisy:

A.	Elimination of all populations is required prior to seed development in 2007 in all Colorado counties except for Archuleta, Boulder, Conejos, Delta, Eagle, Garfield, Gilpin, Grand, Gunnison, Jefferson, La Plata, Larimer, Mesa, Mineral, Moffat, Ouray, Pitkin, Rio Blanco, Routt, San Miguel, and Summit Counties.

B. 	Except as specified in Part 4.7.8T, elimination of all populations in Archuleta County must be completed prior to seed development in 2006 for all land outside the boundaries of an area demarcated by the northern border of Archuleta County, Longitude 106° 42’39”W, Latitude 37° 07’23”N, and Longitude 107° 05’26”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 32).

C.	Except as specified in Part 4.7.8T, elimination of all populations in Boulder County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the northern border of Boulder County, Longitude 105° 18’02”W, US Highway 36, the southern border of Boulder County, and Longitude 105° 32’32”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 33).

D.	Except as specified in Part 4.7.8T, elimination of all populations in Conejos County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the northern border of Conejos County, Longitude 105° 30’24”W, the Conejos River on the south until it meets Forest Service Road 250, Forest Service Road 250 until it meets the Alamosa River and the Alamosa River and of an area demarcated by the Conejos River, Longitude 106° 29’34”W, Latitude 37° 00’36”N until it meets the Rio De Los Pinos, the Rio De Los Pinos, and Longitude 106° 24’52”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 34).

E.	Except as specified in Part 4.7.8T, elimination of all populations in Delta County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the northern border of Delta County, the eastern border of Delta County, Forest Service Road 704 until it meets Hubbard Creek, Hubbard Creek, and Longitude 107° 38’40”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 35).

F.	Except as specified in Part 4.7.8T, elimination of all populations in Garfield County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by Latitude 39° 44’03”N, Canyon Creek on the east until Latitude 39° 38’09”N, Latitude 39° 38’09”N, the eastern border of Garfield County, the southern border of Garfield County, Longitude 107° 22’12”W to Latitude 39° 31’41”N, Latitude 39° 31’41”N, Longitude 107° 32’30”W until it intersects with Main Elk Creek, and Main Elk Creek on the west and of an area demarcated by the Colorado River, Longitude 107° 48’07”W, the southern border of Garfield County, and Longitude 107° 56’17”W and of an area demarcated by the North Fork of the White River, Trappers Lake and Fraser Creek on the east, Latitude 39° 56’20”N, and the western border of Garfield County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 36).

G.	Except as specified in Part 4.7.8T, elimination of all populations in Gilpin County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by the northern border of Gilpin County, the eastern border of Gilpin County, and State Highway 119. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 37).

H.	Except as specified in Part 4.7.8T, elimination of all populations in Grand County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by Willow Creek on the north to Latitude 40° 17’57”N, Latitude 40° 17’57”N to the North Inlet of Grand Lake on the north, the eastern border of Grand County, a line drawn from the eastern border of Grand County to Williams Fork, Williams Fork on the west to US Highway 40, US Highway 40 on the west to State Highway 125, and State Highway 125 on the west and of an area demarcated by the northern border of Grand County, US Highway 140, State Highway 134, and the western border of Grand County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 38).

I.	Except as specified in Part 4.7.8T, elimination of all populations in Gunnison County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the northern border of Gunnison County, Longitude 107° 06’34”W, Anthracite Creek on the east to Longitude 107° 14’51”W, Longitude 107° 14’51”W to West Elk Creek, West Elk Creek, Blue Mesa Reservoir and State Highway 92 on the south, and the western border of Gunnison County and of an area demarcated by Latitude 38° 56’20”N to the East River, the East River to Latitude 38° 52’24”N, the eastern border of Gunnison County, US Highway 50, the southern border of Gunnison County, US Highway 50, State Highway 135 on the west, and County Road 12 until it meets Longitude 107° 03’49”W, and of an area demarcated by the border of Gunnison County on the north, Longitude 107° 30’25”W, Latitude 38° 15’08”N, and the Cimarron River. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 39).

J.	Except as specified in Part 4.7.8T, elimination of all populations in Jefferson County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by US Highway 6, 6th Avenue to US Interstate 70, US Interstate 70 and State Highway 470 on the east, Deer Creek Canyon Road and South Turkey Creek on the south, US Highway 285 on the south, and the western border of Jefferson County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 40).

K.	Except as specified in Part 4.7.8T, elimination of all populations in La Plata County must be completed prior to seed development in 2008 for all land outside the boundaries of areas demarcated by the Animas River watershed between Durango and the northern border of La Plata County, the Florida River watershed between the Town of Bondad and the northern edge of Lemon Reservoir, and the Los Pinos River watershed between the town of Ignacio and the northern edge of the Vallecito Reservoir. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 41).

L.	Except as specified in Part 4.7.8T, elimination of all populations in Larimer County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the Cache La Poudre River, US Highway 287, US Highway 34, Buckhorn Creek to its confluence with Redstone Creek, and Redstone Creek to Longitude 105° 12’55”W and of an area demarcated by US Highway 36, Latitude 40° 20’30”N, Longitude 105° 16’27”W, the southern border of Larimer County, and State Highway 7. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 42).

M.	Except as specified in Part 4.7.8T, elimination of all populations in Mesa County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the northern border of Mesa County, the eastern border of Mesa County, the southern border of Mesa County, and the 7,000 foot elevation line on the west. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 43).

N.	Except as specified in Part 4.7.8T, elimination of all populations in Mineral County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by Latitude 37° 30’47”N, the eastern border of Mineral County, the southern border of Mineral County, and Longitude 106° 55’26”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 44).

O.	Except as specified in Part 4.7.8T, elimination of all populations in Moffat County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the northern border of Moffat County, the eastern border of Moffat County, Latitude 40 48’47” N, and State Highway 13, and of an area demarcated by Latitude 40 25’02” N, the eastern border of Moffat County, Latitude 40 19’03” N, and Maripos and Williams Fork River on the west.  For all land within these boundaries, supression is the specified State management objective (see Rule 4.8, Figure 45).

P.	Except as specified in Part 4.7.8T, elimination of all populations in Ouray County must be completed prior to seed development in 2010 for all land outside the boundaries of an area demarcated by the northern border of Ouray County, the eastern border of Ouray County, the western border of Ouray County until it meets State Highway 62, State Highway 62, and US Highway 550. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 46).

Q.	Except as specified in Part 4.7.8T, elimination of all populations in Rio Blanco County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by the White River on the north until its confluence with Coal Creek, Coal Creek until its confluence with Little Beaver Creek, Little Beaver Creek, Latitude 40° 01’49”N, Longitude 107° 37’36”W, Latitude 39° 52’38”N, and Flag Creek on the west and of an area demarcated by the northern border of Rio Blanco County, the South Fork of the Williams Fork River, Latitude 40° 11’32”N, and Longitude 107° 30’08”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 47).

R.	Except as specified in Part 4.7.8T, elimination of all populations in San Miguel County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by mcKenzie Creek and Latitude 38° 08’03”N, the eastern border of San Miguel County, the southern border of San Miguel County, Beaver Creek, and the San Miguel River until its confluence with McKenzie Creek.  For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 48).
S.	Except as specified in Part 4.7.8T, suppression is the specified State management objective for all populations in Eagle, Pitkin, Routt, and Summit Counties.
T.	All populations in this state that are within 15 feet from the edge of any public road and any immediately adjacent area used for parking must be eliminated prior to seed development in 2007.
U.	The prescribed integrated management techniques for the eradication of designated populations are limited to the use of herbicides approved by the Commissioner and hand-pulling, digging, or other mechanical techniques approved by the Commissioner.
V.	Prescribed integrated management techniques do not include the use of: (1) any biocontrol agents or; (2) any herbicides, cultural techniques, or mechanical techniques other than those approved by the Commissioner.
W.	Seed longevity is estimated to be at least ten years. Infested sites must be monitored for at least ten years after the populations have been eliminated and treatments must be repeated when necessary to prevent flowering and development of seed.
4.7.9.	Yellow toadflax. In addition to the requirements set forth in this Part 4 for the management of all List B species, the following conditions also apply for yellow toadflax:

A.	Elimination of all populations is required prior to seed development in 2007 in all Colorado counties except for Adams, Arapahoe, Archuleta, Boulder, Conejos, Douglas, Eagle, El Paso, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Jefferson, La Plata, Lake, Larimer, Mineral, Montrose, Park, Pitkin, Rio Blanco, Routt, San Miguel, Summit, Teller, and Weld.

B.	Except as specified in Part 4.7.9X, elimination of all populations in Arapahoe and Conejos County must be completed prior to seed development in 2008.

C.	Except as specified in Part 4.7.9X, elimination of all populations in Adams County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the northern border of Adams County, Longitude 104° 49’48”W, the southern border of Adams County, and the western border of Adams County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 49).

D.	Except as specified in Part 4.7.9X, elimination of all populations in Archuleta County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by Latitude 37° 17’42”N, Longitude 107° 59’50”W, Latitude 37° 14’51”N, and Longitude 107° 01’31”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 50).

E.	Except as specified in Part 4.7.9X, elimination of all populations in Boulder County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the northern border of Boulder County, Longitude 105° 18’02”W, US Highway 36, the southern border of Boulder County, and Longitude 105° 36’43”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 51).

F.	Except as specified in Part 4.7.9X, elimination of all populations in El Paso County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by the northern border of El Paso, Longitude 104° 23’13”W until the start of McClelland Road, McClelland Road, State Highway 94 and Platte Avenue, US Highway 24, and the western border of El Paso County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 52).

G.	Except as specified in Part 4.7.9X, elimination of all populations in Garfield County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by the northern border of Garfield County, the eastern border of Garfield County, Latitude 39° 44’08”N to Main Elk Creek, Main Elk Creek to its confluence with West Elk Creek, West Elk Creek on the east, Interstate 70 on the south, State Highway 13 on the west, and the western border of Garfield County and of an area demarcated by Interstate 70, Longitude 107° 15’05”W, Latitude 39° 29’59”N, the eastern border of Garfield County, the southern border of Garfield County, and Longitude 107° 22’55”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 53).

H.	Except as specified in Part 4.7.9X, elimination of all populations in Gilpin County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by the northern border of Gilpin County, the eastern border of Gilpin County, State Highway 119 to South Boulder Creek, South Boulder Creek, and Longitude 105° 36’43”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 54).

I.	Except as specified in Part 4.7.9X, elimination of all populations in Grand County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by Latitude 40° 14’53”N, Longitude 105° 45’12”W until it meets US Highway 40, US Highway 40, the southern border of Grand County, Forest Service Road 144 until it meets the Williams Fork River, Williams Fork River, Latitude 40° 00’01”N, and Longitude 106° 14 40”’W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 55).

J.	Except as specified in Part 4.7.9X, elimination of all populations in Gunnison County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by the northern boundary of Gunnison County, Cement Creek until it meets State Highway 135, State Highway 135, US Highway 50, Curecanti Creek to its beginning, Longitude 107° 22’27“W, State Highway 133, and the western border of Gunnison County and of an area demarcated by Quartz Creek and Middle Quartz Creek on the north, the eastern border of Gunnison County, the southern border of Gunnison County, and US Highway 50. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 56).

K.	Except as specified in Part 4.7.9X, elimination of all populations in Hinsdale County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by Latitude 37° 32’10”N, the eastern border of Hinsdale County, the southern border of Hinsdale County, and the Williams Creek and Williams Creek Reservoir on the west. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 57).

L.	Except as specified in Part 4.7.9X, elimination of all populations in La Plata County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by the La Plata River Watershed from its convergence with Long Hollow Creek to the town of Mayday and of an area demarcated by US Highway 160 on the north, Longitude 107° 52’44”W, Latitude 37° 11’25”N, and Longitude 107° 56’18”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 58).

M.	Except as specified in Part 4.7.9X, elimination of all populations in Lake County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by the northern border of Lake County, State Highway 91 and US Highway 24, the southern border of Lake County, and the western border of Lake County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 59).

N.	Except as specified in Part 4.7.9X, elimination of all populations in Larimer County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by Latitude 40° 31’27”N and the North Fork of the Big Thompson River on the north, Longitude 105° 18’02”W, the southern border of Larimer County, and the western border of Larimer County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 60).

O.	Except as specified in Part 4.7.9X, elimination of all populations in Mineral County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by US Highway 160, Pass Creek, the eastern border of Mineral County, and the southern border of Mineral County and of an area demarcated by Latitude 37° 32’10”N, Longitude 107° 00’24”W, the southern border of Mineral County, and the western border of Mineral County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 61).

P.	Except as specified in Part 4.7.9X, elimination of all populations in Montrose County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by Cottonwood Creek, Longitude 108° 17’35”W, Monitor Creek, and Longitude 108° 22’16”W. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 62).

Q.	Except as specified in Part 4.7.9X, elimination of all populations in Park County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the northern border of Park County, the eastern border of Park County, Forest Service Road 560 to US Highway 285, US Highway 285, and Longitude 105° 37’15”W and of an area demarcated by Jefferson Creek, Longitude 105° 44’42”W, Latitude 35° 11’20” N, and US Highway 285 on the west and of an area demarcated by Tarryall Creek on the north, Latitude 39° 07’48”N, the eastern border of Park County, US Highway 24, the South Platte River, Elevenmile Canyon Reservoir, the South Platte River until it meets US Highway 24, US Highway 24, and Forest Service Road 44 and 232 on the west. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 63).

R.	Except as specified in Part 4.7.9X, elimination of all populations in Rio Blanco County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by the northern border of Rio Blanco County, Strawberry Creek, 7 Road, State Highway 64 and State Highway 13 on the east, Latitude 40 00’10” N until it meets the Dry Fork of the Piceance Creek, the Piceance Creek, Latitude 40 04’33” N until it meets the White River, the White River, and the western border of Rio Blanco County, and of an area demarcated by the northern border of Rio Blanco County, the eastern border of Rio Blanco County, the southern border of Rio Blanco County, and Longitude 107 48’33” W and 15 Road.  For all land within these boundaries, supression is the specified State management objective (see Rule 4.8, Figure 64).

S.	Except as specified in Part 4.7.9X, elimination of all populations in San Miguel County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by State Highway 62, the eastern border of San Miguel County, the southern border of San Miguel County, Bilk Creek, and the San Miguel River. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 65).

T.	Except as specified in Part 4.7.9X, elimination of all populations in Summit County must be completed prior to seed development in 2009 for all land outside the boundaries of an area demarcated by Latitude 39° 45’33”N, the northeastern border of Summit County, Longitude 105° 57’13”W, the southeastern border of Summit County, Latitude 39° 25’27”N, Longitude 106° 03’32”W, Latitude 39° 33’56”N, Interstate 70, State Highway 91, and the western border of Summit County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 66).

U.	Except as specified in Part 4.7.9X, elimination of all populations in Teller County must be completed prior to seed development in 2008 for all land outside the boundaries of an area demarcated by the northern border of Teller County, the eastern border of Teller County, US Highway 24, and the western border of Teller County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 67).

V.	Except as specified in Part 4.7.9X, elimination of all populations in Weld County must be completed prior to seed development in 2007 for all land outside the boundaries of an area demarcated by the border of Weld County, Interstate 25, State Highway 60, US Highway 85, the southern border of Weld County, and the western border of Weld County. For all land within these boundaries, suppression is the specified State management objective (see Rule 4.8, Figure 68).
W.	Except as specified in Part 4.7.9X, suppression is the specified State management objective for all populations in Douglas, Eagle, Jefferson, Pitkin, and Routt Counties.
X.	All populations in this state that are within 15 feet from the edge of any public road and any immediately adjacent area used for parking must be eliminated prior to seed development in 2007.
Y.	The prescribed integrated management techniques for the eradication of designated populations are limited to the use of herbicides approved by the Commissioner.
Z.	Prescribed integrated management techniques do not include the use of: (1) any biocontrol agents or; (2) any herbicides, cultural techniques, or mechanical techniques other than those approved by the Commissioner.
AA.	Seed longevity is estimated to be at least ten years. Infested sites must be monitored for at least ten years after the populations have been eliminated and treatments must be repeated when necessary to prevent flowering and development of seed.
4.7.68.	Figures 1 – 1068.
			Maps are attached in a separate file.
Part 6	Compliance Waiver
6.2.	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, 700 Kipling Street, Suite 4000, Lakewood, CO  80215-8000), fax (303-239-417725), or email (dpicsdcomments@ag.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 eradication as the appropriate management objective for a specified geographic region.
Part 7	Statements of Basis, Specific Statutory Authority and Purpose
7.3.	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.