7-22-2132. Procedures for compliance. (1) A landowner is in compliance with this part if the landowner submits and the board accepts a written weed management proposal to undertake specific control measures, and the landowner remains in compliance if the terms of the proposal are met. The proposal must require that the landowner or the landowner's representative notify the board as measures in the proposal are taken.
(2) In accepting or rejecting a weed management proposal, the board shall consider the economic impact on the landowner and neighboring landowners, practical biological and environmental limitations, and alternative control methods to be used.
7-22-2133. Noncompliance -- actions for landowners. (1) If the board is unable to obtain the landowner's voluntary compliance with the weed management program within 10 days of the landowner's receipt of the notification, the landowner is considered to be in noncompliance and is subject to appropriate control measures pursuant to 7-22-2134.
(2) (a) Within 10 days after receiving notice to comply with the weed management program, the landowner may request a hearing before the commissioners if the landowner disagrees with the weed control measures proposed by the board.
(b) If the landowner's objection to the board's action remains after the hearing, the landowner has 10 days to appeal the commissioners' decision to the district court with jurisdiction in the county in which the property is located.
(3) If the landowner has requested a hearing pursuant to subsection (2) (a) or has appealed a hearing decision pursuant to subsection (2) (b), the board may not take any action to control the noxious weeds until after the hearing and authorization is provided from the commissioners or the court.
7-22-2134. Noncompliance -- actions by board. (1) The board may seek a court order to enter upon the infested parcels of the landowner's property if attempts to achieve voluntary compliance have been exhausted. The board may institute appropriate noxious weed control measures, including but not limited to:
(a) allowing the local weed district coordinator to implement the appropriate noxious weed control measures if the actions taken are valued at the current rate paid for commercial management operations in the district and are reflected in the bill sent to the landowner and the clerk and recorder; or
(b) contracting with a commercial applicator as defined in 80-8-102 if the issues of compliance are not resolved under an agreement proposed and accepted pursuant to 7-22-2132 and:
(i) the landowner does not take corrective action within the 10-day period provided for in 7-22-2133; or
(ii) the board does not receive a formal objection or the board of county commissioners does not receive a request for a hearing.
(2) A commercial applicator hired under this section shall carry all insurance required by the board.
(3) If a court issues an order approving a board's actions, the court retains jurisdiction over the matter:
(a) until the actions specified in the weed management plan or court order are complete;
(b) for the length of time specified in the order; or
(c) for 3 years if the order does not specify a time limit.
(4) After instituting appropriate noxious weed control measures, the board shall submit a copy of the bill, including the penalty provided for in subsection (4)(b), to the county clerk and recorder and, by certified mail, to the landowner that:
(a) covers the costs of the weed control measures;
(b) contains a penalty of 25% of the total cost incurred;
(c) itemizes the hours of labor, cost of material, equipment time, legal fees, and court costs or includes an invoice from a commercial applicator if the board contracted for weed control pursuant to subsection (1); and
(d) specifies that payment is due 30 days from the date the bill is received.
(5) If a landowner who received a notice to take corrective action requests an injunction or seeks to stay the corrective action in district court within 10 days of receipt of the notice, the board may not institute control measures until the matter is finally resolved, except in emergency situations.
(6) If the board declares an emergency and institutes appropriate measures to control the noxious weeds, the landowner who received the order is liable for costs as provided in subsection (4) only to the extent determined appropriate by the board, the board of county commissioners, or the court that finally resolves the matter.
7-22-2135 through 7-22-2140 reserved.
7-22-2141. Noxious weed fund. (1) The commissioners shall create a noxious weed fund to be used only for purposes authorized by this part.
(2) The fund must be maintained by the county treasurer in accordance with 7-6-2111.
7-22-2142. Sources of money for noxious weed fund. (1) The commissioners may provide sufficient money in the noxious weed fund for the board to fulfill its duties, as specified in 7-22-2109, by:
(a) appropriating money from any source in an amount not less than $100,000 or an amount equivalent to 1.6 mills levied upon the taxable value of all property; and
(b) subject to 15-10-420 and at any time fixed by law for levy and assessment of taxes, levying a tax of not less than 1.6 mills on the taxable value of all taxable property in the county. The tax levied under this subsection must be identified on the assessment as the tax that will be used for noxious weed control.
(2) The proceeds of the noxious weed control tax or other contribution must be used solely for the purpose of managing noxious weeds in the county and must be deposited in the noxious weed fund.
(3) Any proceeds from work or chemical sales must revert to the noxious weed fund and must be available for reuse within that fiscal year or any subsequent year.
(4) The commissioners may accept any private, state, or federal gifts, grants, contracts, or other funds to aid in the management of noxious weeds within the district. These funds must be placed in the noxious weed fund.
(5) Subject to 15-10-420, the commissioners may impose a tax for weed control within a special management zone as provided in 7-22-2121 (4). For the purposes of imposing the tax, the special management zone boundaries must be established by the board and approved by a majority of the voters within the special management zone. Pursuant to an election held in accordance with 15-10-425, the amount of the tax must be approved by a majority of the voters within the special management zone, and approval of the zone and the tax may occur simultaneously. Revenue received from a special management zone tax must be spent on weed management projects within the boundaries of the special management zone.
7-22-2143. Determination of cost of weed control program. Based on the board's recommendations, the commissioners shall determine and fix the cost of the control of noxious weeds in the district, whether the same be performed by the individual landowners or by the board.
7-22-2144. Payment of cost of weed control program. The total cost of weed control within the district must be paid from the noxious weed fund. The cost of controlling weeds growing along the right-of-way of a state or federal highway must, upon the presentation by the board of a verified account of the expenses incurred, be paid from the state highway fund in compliance with 7-14-2132 and any agreement between the board and the department of transportation. Costs attributed to other lands within the district must be assessed to and collected from the responsible person as set forth in 7-22-2134.
7-22-2145. Expenditures from noxious weed fund. (1) The noxious weed fund must be expended by the commissioners at the time and in the manner as is recommended by the board to secure the control of noxious weeds.
(2) Warrants upon the fund must be drawn by the board. Warrants may not be drawn except upon claims duly itemized by the claimant, except payroll claims that must be itemized and certified by the board, and each claim must be presented to the commissioners for approval before the warrant is countersigned by the commissioners.
7-22-2146. Financial assistance to persons responsible for weed control. (1) The commissioners, upon recommendation of the board, may establish a cost-share program for the control of noxious weeds. The board shall develop rules and procedures for the administration of the cost-share program. These procedures may include the cost-share rate or amount and the purposes for which cost-share funds may be used.
(2) (a) Any person may voluntarily enter into a cost-share agreement for the management of noxious weeds on the person's property. The coordinator shall draft a cost-share agreement in cooperation with the person. The agreement must, in the board's judgment, provide for effective weed management.
(b) The agreement must specify:
(i) costs that must be paid from the noxious weed fund;
(ii) costs that must be paid by the person;
(iii) a location-specific weed management plan that must be followed by the person; and
(iv) reporting requirements of the person to the board.
(c) The cost-share agreement must be signed by the person and, upon approval of the board, by the presiding officer.
(3) The agreement must contain a statement disclaiming any liability of the board for any injuries or losses suffered by the person in managing noxious weeds under a cost-share agreement. If the board later finds that the person has failed to abide by the terms of the agreement, all cost-share payments and agreements must be canceled and the provisions of 7-22-2134 apply to that person.
(4) (a) When under the terms of any voluntary agreement, whether entered into pursuant to 7-22-2132 or otherwise, or under any cost-share agreement entered pursuant to this section a person incurs any obligation for materials or services provided by the board, the board shall submit a bill to the person, itemizing hours of labor, material, and equipment time. The bill must specify and order a “payment due date” not less than 30 days from the date the bill is sent.
(b) A copy of the bill must be submitted by the board to the county clerk and recorder. If the sum to be repaid by the person billed is not repaid on or before the date due, the county clerk and recorder shall certify the amount not repaid, with the description of the land to be charged, and shall enter the sum on the assessment list as a special tax on the land, to be collected in the manner provided in 7-22-2148.
7-22-2147. Repealed.
7-22-2148. Payment of weed control expenses -- tax liability. (1) The expenses incurred by the board for noxious weed control undertaken pursuant to 7-22-2134 must be paid by the county out of the noxious weed fund.
(2) If the sum to be repaid by the landowner billed under 7-22-2134 is not repaid on or before the date due, the county clerk shall certify the amount due, with the description of the land to be charged, and shall enter the amount on the assessment list of the county as a special tax on the land. If the land is exempt from general taxation for any reason, the amount due and to be repaid may be recovered by direct claim against the landowner and collected in the same manner as personal taxes.
(3) All amounts collected pursuant to subsection (2) must be deposited in the noxious weed fund.
7-22-2149. Repealed.
7-22-2150. Cooperation with state and federal-aid programs. The board may cooperate with any state or federal-aid program that becomes available if the district complies with 7-22-2120. Under a plan of cooperation, the direction of the program must be under the direct supervision of the board of the district in which the program operates.
7-22-2151. Cooperative agreements. (1) A state agency that controls land within a district, including the department of transportation; the department of fish, wildlife, and parks; the department of corrections; the department of natural resources and conservation; and the university system, shall enter into a written agreement with the board. The agreement must specify mutual responsibilities for integrated noxious weed management on state-owned or state-controlled land within the district. The agreement must include the following:
(a) an integrated noxious weed management plan, which must be updated biennially;
(b) a noxious weed management goals statement;
(c) a specific plan of operations for the biennium, including a budget to implement the plan; and
(d) a provision requiring a biennial performance report by the board to the state weed coordinator in the department of agriculture, on a form to be provided by the state weed coordinator, regarding the success of the plan.
(2) The board and the governing body of each incorporated municipality within the district shall enter into a written agreement and shall cooperatively plan for the management of noxious weeds within the boundaries of the municipality. The board may implement management procedures described in the plan within the boundaries of the municipality for noxious weeds only. Control of nuisance weeds within the municipality remains the responsibility of the governing body of the municipality, as specified in 7-22-4101.
(3) A board may develop and carry out its noxious weed management program in cooperation with boards of other districts, with state and federal governments and their agencies, or with any person within the district. The board may enter into cooperative agreements with any of these parties.
(4) Each agency or entity listed in subsection (1) shall submit a statement or summary of all noxious weed actions that are subject to the agreement required under subsection (1) to the state weed coordinator and shall post a copy of the statement or summary on a state electronic access system.
7-22-2152. Revegetation of rights-of-way and areas that have potential for noxious weed infestation. (1) Any person or state agency proposing a mine, a major facility under Title 75, chapter 20, an electric, communication, gas, or liquid transmission line, a solid waste facility, a highway or road, a subdivision, a commercial, industrial, or government development, or any other development that needs state or local approval and that results in the potential for noxious weed infestation within a district shall notify the board at least 15 days prior to the activity.
(2) Whenever any person or agency constructs a road, irrigation or drainage ditch, a pipeline, an electric, communication, gas, or liquid transmission line, or any other development on an easement or right-of-way, the board shall require that the areas be seeded, planted, or otherwise managed to reestablish a cover of beneficial plants.
(3) (a) The person or agency committing the action shall submit to the board a written plan specifying the methods to be used to accomplish revegetation at least 15 days prior to the activity. The plan must describe the time and method of seeding, fertilization practices, recommended plant species, use of weed-free seed, and the weed management procedures to be used.
(b) The plan is subject to approval by the board, which may require revisions to bring the revegetation plan into compliance with the district weed management plan. The activity for which notice is given may not occur until the plan is approved by the board and signed by the presiding officer of the board and by the person or a representative of the agency responsible for the action. The signed plan constitutes a binding agreement between the board and the person or agency. The plan must be approved, with revisions if necessary, within 10 days of receipt by the board.
7-22-2153. Agreements for control of noxious weeds along roads -- liability of landowner who objects to weed district control measures -- penalties. (1) The board may enter into an agreement with a landowner that allows the landowner to manage noxious weeds along a state or county highway or road that borders or bisects the landowner's property.
(2) The agreement must be signed by the landowner and the board's presiding officer. An agreement involving a state highway right-of-way must also be signed by a representative of the department of transportation.
(3) The agreement must contain a statement disclaiming any liability of the board and, if applicable, the department of transportation for any injuries or losses suffered by the landowner or anyone acting on behalf of the landowner in managing noxious weeds pursuant to the agreement. The signed agreement transfers responsibility for managing noxious weeds on the specified section of right-of-way from the board to the landowner who signed the agreement.
(4) If the landowner violates the agreement, the board shall issue an order informing the landowner that the agreement will be void and that responsibility for the management of noxious weeds on the right-of-way will revert to the board unless the landowner complies with the agreement within a specified time period.
(5) (a) If a landowner objects to weed control measures along a state or county highway or road that borders or bisects the landowner's property and does not enter into an agreement pursuant to this section and if the board finds that the person has failed to provide alternative weed control, the board shall issue an order informing the landowner that the management of noxious weeds on the right-of-way will be undertaken by the board unless the landowner provides to the board an acceptable plan of alternative weed control within 30 days.
(b) Failing to provide alternative weed control pursuant to subsection (5)(a) is a misdemeanor. Upon conviction, an offender shall be sentenced pursuant to 46-18-212 and assessed the costs of weed control provided by the board. A second or subsequent conviction is punishable by a fine of not less than $500 or more than $2,000, plus the costs of weed control provided by the board.
7-22-2154. Public purchase or receipt of property -- weed management plan. (1) Except as provided in subsection (4), prior to the purchase of real property with public funds or the receipt of real property by a nonfederal public entity, the purchaser or grantee shall have the property inspected by the county weed management district. The county weed management district's report regarding the property must be filed with the purchaser or grantee. The costs associated with the inspection must be borne by the seller or grantor.
(2) If the report indicates that there are noxious weeds present on the property, the purchaser, seller, grantee, or grantor shall develop a noxious weed management agreement to ensure compliance with the district noxious weed management program. However, unless the parties agree otherwise, a seller or grantor is obligated by a noxious weed agreement only until the property sale or transfer is completed. Except as provided in subsection (4), the weed management agreement must be incorporated into the purchase agreement.
(3) The provisions of this section do not apply to:
(a) the state acquisition or disposition of a public right-of-way pursuant to Title 60, chapter 4; or
(b) lands sold or purchased through land banking pursuant to 77-2-361 through 77-2-367.
(4) If a transfer of property will occur during the winter months when the ability to identify noxious weeds is significantly reduced by snow cover, the purchaser, seller, grantee, or grantor may request a 6-month extension for completion of the inspection and any noxious weed management agreement that may be required. If, upon inspection, it is determined that a noxious weed management agreement is necessary, unless otherwise agreed by the parties, the purchaser or grantee is responsible for implementing the provisions of that agreement.
RULES
COUNTY NOXIOUS WEED LIST
SUBCHAPTER 2
DESIGNATION OF NOXIOUS WEEDS
4.5.201. DESIGNATION OF NOXIOUS WEEDS.
The department designates certain exotic plants listed in these rules as statewide noxious weeds under the County Weed Control Act 7222101 (5) MCA. All counties must implement management criteria developed under 7222109 (2) b. of the act. The department established three categories of the noxious weeds.
4.5.202. Category 1 (Repealed)
4.5.203. Category 2 (Repealed)
4.5.204. Category 3 (Repealed)
4.5.205. Category 4 Watch List (Repealed)
4.5.206. Priority 1A
(1) These weeds are not present in Montana. Management criteria will require eradication if detected, education, and prevention:
(a) Yellow starthistle (Centaurea solstitialis).
4.5.207. Priority 1B
(1) These weeds have limited presence in Montana. Management criteria will require eradication or containment and education:
(a) Dyer's woad (Isatis tinctoria);
(b) Flowering rush (Butomus umbellatus);
(c) Japanese knotweed complex (Polygonum spp.);
(d) Purple loosestrife (Lythrum spp.);
(e) Rush skeletonweed (Chondrilla juncea);
(f) Eurasian watermilfoil (Myriophyllum spicatum);
(g) Scotch broom (Cytisus scoparius);
(h) Curlyleaf pondweed (Potamageton crispus).
4.5.208. Priority 2A
(1) These weeds are common in isolated areas of Montana. Management criteria will require eradication or containment where less abundant. Management shall be prioritized by local weed districts:
(a) Tansy ragwort (Senecio jacobaea);
(b) Meadow hawkweed complex (Hieracium spp.);
(c) Orange hawkweed (Hieracium aurantiacum);
(d) Tall buttercup (Ranunculus acris);
(e) Perennial pepperweed (Lepidium latifolium);
(f) Yellowflag iris (Iris pseudacorus);
(g) Blueweed (Echium vulgare);
(h) Hoary alyssum (Berteroa incana).
4.5.209. Priority 2B
(1) These weeds are abundant in Montana and widespread in many counties. Management criteria will require eradication or containment where less abundant. Management shall be prioritized by local weed districts:
(a) Canada thistle (Cirsium arvense);
(b) Field bindweed (Convolvulus arvensis);
(c) Leafy spurge (Euphorbia esula);
(d) Whitetop (Cardaria draba);
(e) Russian knapweed (Centaurea repens);
(f) Spotted knapweed (Centauria stoebe or maculosa);
(g) Diffuse knapweed (Centaurea diffusa);
(h) Dalmatian toadflax (Linaria dalmatica);
(i) St. Johnswort (Hypericum perforatum);
(j) Sulfur cinquefoil (Potentilla recta);
(k) Common tansy (Tanacetum vulgare);
(l) Oxeye daisy (Leucanthemum vulgare);
(m) Houndstongue (Cynoglossum officinale);
(n) Yellow toadflax (Linaria vulgaris);
(o) Saltcedar (Tamarix spp.).
4.5.210. Priority 3 Regulated Plants (Not Montana Listed Noxious Weeds)
(1) These regulated plants have the potential to have significant negative impacts. The plant may not be intentionally spread or sold other than as a contaminant in agricultural products. The state recommends research, education, and prevention to minimize the spread of the regulated plant:
(a) Cheatgrass (Bromus tectorum);
(b) Hydrilla (Hydrilla verticillata);
(c) Russian olive (Elaeagnus angustifolia).
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The Dawson County Weed District has developed goals and priorities in conjunction with the County Noxious Weed Control Act, Title 7, Chapter 22 Montana Code Annotated 2011, and Administrative Rules 4.5.201 through 4.5.210 State of Montana, Department of Agriculture.
IMMEDIATE GOALS AND PROJECTS TO BE COMPLETED
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Continue weed law enforcement.
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Update all files and perform related computer entries.
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Complete all other daily duties and contracts as required.
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Get more cooperation from landowners from the entire county.
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Update prices for chemical, rental units, applicators to a breakeven point.
SHORT TERM GOALS AND PRIORITIES
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District supervisor and staff shall be available for programs in noxious weed education and IPM (integrated pest management) to all groups in the District.
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Establish effective management criteria for Categories 1A, 1B, 2A & 2B noxious weeds of the Montana Department of Agriculture Noxious Weed Management Rules within the boundaries of Dawson County.
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Continue to chemically control noxious weeds on county rightsofway.
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Promote professional, well-educated staff and high quality information and educational materials on weed management, using all available resources.
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Assist with biological control research and releases.
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Take all necessary action, including weed law enforcement and posting, to control the noxious weed spread in Dawson County.
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Hold yearly crew training covering environmental, chemical and safety issues.
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Upon request, if resources are available, the Weed District will contract and carry out work for additional agencies or private landowners under enforcement action.
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Target eradication for Category 2A & 2B noxious weeds wherever possible and/or feasible.
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The Weed Board shall take timely action on administrative hearings and appeals whenever a person is adversely affected by a notice, action or order of the District Board or Supervisor and the Board shall follow procedures set forth in Sec. 7222110 of the MCA.
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Gravel pits and piles belonging to Dawson County and private ownership shall be targeted for noxious weed eradication. The Board or Supervisor can require that noxious weeds be controlled before gravel is removed from these sites. Closures may take effect if compliance is not obtained.
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Any state agency or local government unit approving a mine, major facility, transmission line, solid waste facility, highway, subdivision, or any other development resulting in significant disturbance of land within the District shall notify the Board to obtain a re-vegetation plan prior to disturbance.
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By Board approval, alternative management criteria may be set in conjunction with grant involvement or special management zones.
LONG TERM GOALS AND PRIORITIES (5 YEARS)
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Upgrade chemical loading system and develop wash pad to meet or exceed standards to be set by the Environmental Protection Agency in 1996.
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Develop our own insectaries to increase biological control releases in Dawson County.
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Eradicate and maintain that status for all category 2B noxious weeds in the District.
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Try to increase anticipated income by accepting additional agency contracts.
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Have enforcement program completely in effect, acceptable to all parties and be successfully implemented.
STATE AND COUNTY NOXIOUS WEEDS LIST
The following list of noxious weeds as declared by the State of Montana and the Dawson County Weed District:
Priority 1A
1. Yellow Starthistle
Priority 1B
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Dyers Woad 2. Purple Loosestrife 3. Rush Skeletonweed
4. Scotch Broom 5. Flowering Rush 6. Curleyleaf Pondweed
7. Japanese Knotweed Complex 8. Eruasian Watermilfoil
Priority 2A
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Tansy Ragwort 2. Tall Buttercup 3. Perennial Pepperweed
4. Orange Hawkweed 5. Yellowflag Iris 6. Blueweed
7. Hoary Alyssum 8. Meadow Hawkweed Complex
Priority 2B
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Saltcedar (Tamarix) 2. Field Bindweed 3. Dalmation Toadflax
4. Canada Thistle 5. St. John’swort 6. Whitetop
7. Yellow Toadflax 8. Leafy Spurge 9. Sulfer Cinquefoil
10. Common Tansy 11. Russian Knapweed 12. Oxeye Daisy
13. Spotted Knapweed 14. Houndstounge 15. Diffuse Knapweed
Regulated Weeds
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Russian Olive 2. Cheatgrass 3. Hydrilla
The Dawson County Weed District also controls any nuisance weeds, bare ground sterilization, and town lots within city limits. Financial reimbursement will come from landowning agencies when nuisance weeds are controlled.
METHODS OF WEED CONTROL (PROS AND CONS)
The five methods of noxious weed control will be explained as well as the advantages or disadvantages of initiating a particular method.
1. PREVENTION: The practice of not allowing noxious weeds to become established. Prevention is the most effective, economical and desired weed control practice. Practices include the use of certified seed, weed seed free hay, clean gravel, soil and fill dirt, maintaining fence rows & irrigation ditches in all noncrop areas that are weed free. Always reseed areas that have been disturbed.
ADVANTAGES: Affordable and environmentally sound.
DISADVANTAGES: May be difficult to find weed free materials.
2. CULTURAL CONTROL: The integration of components to minimize the impact of weeds by selecting manageable fields, rotating crops, disrupting weed life cycles, planting competitive crops and altering planting dates.
ADVANTAGES: Decreased weed populations and environmentally sound.
DISADVANTAGES: May be difficult to manage, some competitive crops are expensive.
3. MECHANICAL: Using methods to physically remove target weeds. Cultivation, hoeing, hand pulling, and mowing are commonly used. The use of cultivation is usually limited to farm/crop land and must be persistently cultivated to control perennial weed species.
ADVANTAGES: Pulling can be effective on new, small infestations. It is environmentally sound and can create good seed bed for immediate competitive crop planting.
DISADVANTAGES: Mowing and plowing can further spread of weed seeds. Weed seed beds can be established if re-vegetation does not take place in a timely fashion. Can be moderately expensive, and may lead to erosion.
4. BIOLOGICAL: Involves the introduction and establishment of selected natural enemies of a particular weed species. This may include insects, fungi, and diseases that attack the target weed while not affecting desirable species. Effective bio-control depends on the use of several insects that attack different plant parts. It should also increase as insects become more available.
ADVANTAGES: 24 hour control once established, very environmentally sound.
DISADVANTAGES: Difficult to acquire insects and to promote the establishment of them. It can be expensive, up to $1.00 per insect. Results are slow and can months or years to take noticeable effect.
5. CHEMICAL CONTROL: The use of herbicides to control noxious weeds. Chemical control is the most commonly used method of weed control. If used properly, herbicides are a very effective means of control. Although chemicals can be expensive, they are still one of the most economic methods of control once weeds become established.
ADVANTAGES: Good and fast acting results if used properly. Not as labor intensive as other methods.
DISADVANTAGES: Chemical resistance. Environmental concerns if label isn't properly followed. Weather and other circumstances can delay application.
6. INTEGRATED PEST MANAGEMENT: This control method itself seldom provides complete control. Integrated pest management (IPM), is approaching weed control by combing two or more methods to improve results. The Dawson County Weed District provides a sound IPM approach, with detailed involvement in all methods of weed control.
ADVANTAGES: Fast acting and thorough results.
DISADVANTAGES: Can be expensive.
NOXIOUS WEEDS IN MONTANA
DETECTION AND IDENTIFICATION
Leafy Spurge (Euphorbia Esula)
Common Names: Wolf's Milk
Description
Leafy spurge is a long living perennial with an incredibly vigorous root system. The extensive roots of the spurge plant can reach depths of 30 feet and contain nutrients that will sustain the plant for long periods of time. The brownish roots have pink buds on them, each of which develops into new shoots. This allows the plant to reproduce by seed and by root. Seedlings resemble small pine trees and closely resemble yellow toadflax seedlings as well. All parts of the plant, when broken off, will produce a milky sap. Stems of the plant can grow up to three feet in height and have alternate, narrow, smooth margined leaves. Leaves and stems are a bluish-green in color. Depending on climate, flowers will start blooming in early June. Flowers are a yellow-green color and arranged in clusters containing seven to ten flowers. The showy, heart shaped yellow bracts surround the flower. When this plant goes to seed, it produces grayish-brown oblong seeds in a three-celled capsule. At maturity, these capsules explode launching seeds up to fifteen feet from the parent plant.
Key Features
Look for dark roots with pink buds on them, and break apart any part of this plant and you’ll find milky white latex. Once recognized, leafy spurge is easily identified by its distinctive yellow-green flowers.
Habitat
Leafy spurge is a flexible plant that tolerates extremely dry to extremely wet soil conditions. It can often be found along waterways and irrigation ditches, but also found in draws and sagebrush. It grows in a wide variety of soil types but is most abundant in sandy or gravelly soils and in arid conditions.
Currently found in the following counties:
All counties in Montana
Interesting Facts
Leafy spurge is toxic to cattle and horses; however, targeted grazing with sheep has proven to be a very effective integrated control measure. Leafy spurge first appeared in the U.S. in 1827 in Massachusetts and has doubled its coverage every decade for the past 100 years.
Commonly Confused Plants: Yellow Toadflax at early stages
Diffuse Knapweed (Centaurea Diffusa)
Common Names: White Knapweed, Spreading Knapweed, Tumble Knapweed
Description
One of three invasive, state-listed knapweeds in Montana, diffuse knapweed is an annual, biennial or short-lived perennial plant. It can grow up to two feet in height and has a single taproot. The rosette consists of greatly divided and feathery looking leaves that are covered with small hairs. On the stem, leaves become alternate, smaller and less divided. They are lance-shaped and grayish-green in color. Stems are multi-branched and hairy as well. Stems and leaves are covered with fine, cobweb-type hairs. Numerous flowers are produced singly or in clusters of two or three at the end of the stems. Flowers tend to be white, but due to hybridization with other knapweeds, flowers can also be pink to purple. Triangular bracts are pale yellow green in color and have spine tips. Seeds are oval, dark colored, do not have a pappus, and are contained in small fruits; this plant reproduces entirely by seed. Each plant can produce up to 18,000 seeds annually.
Key Features
Lower leaves with cobweb-type hairs, white flowers most of the time, spine-tipped bracts at the base of the flower.
Habitat
Diffuse knapweed is generally found on light, dry, porous soils. It prefers semi-arid to arid conditions and therefore, is not commonly found on irrigated lands. This plant will grow in open sunshine or shady areas. Diffuse knapweed can be found in grasslands, forests, right-of-ways, riverbanks, rangelands, and disturbed lands in both rural and urban environments.
Interesting Facts
Diffuse knapweed will not tolerate flooding or shady areas. When handling diffuse knapweed, be sure to wear gloves as in some folks, this plant can cause a rash to occur.
Commonly Confused Plants: Many native members of Asteraceae resemble knapweed in the rosette stage.
Purple Loosestrife (Lythrum Salicaria and L. Virgatum)
Common Names: Purple Lythrum, Bouquet-voile, Spiked Loosestrife
Description
Purple loosestrife is a perennial that can grow up to ten feet in height and typically prefers moist or riparian habitat. Due to the numerous four-sided stems that are green to purple in appearance, this plant appears woody and bush-like in appearance. Clasping leaves have smooth margins, are lance shaped, and are heart-shaped or rounded at the base. Purple loosestrife leaves and stems are covered by downy fine hairs, and leaves are whorled or alternate on the stem. In autumn with dehydration, the leaves of purple loosestrife turn red in color. The showy purple to magenta colored flowers is clustered on a long spike that can extend two inches to three feet down the stem called a raceme. Each flower has five to seven petals and blooms from June to September. Seeds burst at maturity around late July or early August, with each stem producing up to three million tiny seeds per year. Purple loosestrife has a dense, woody, and extensive root system. This root system and the prolific seed production results in rapid spread of loosestrife. In addition, stems of the plant that are broken off or disturbed often grow shoots.
Key Features
The square or octagonal stems, the red leaves if the plant gets dried out in the fall, and the long clusters of showy purple to rose colored flowers.
Habitat
As a general rule, moisture is required for growth and reproduction, however, well-established plants can persist on dry sites. It is well suited to seasonal wetlands, and is capable of invading wet meadows, river and stream banks, pond edges, reservoirs, and ditches, irrigation canals, and marshes.
Interesting Facts
In the past, purple loosestrife was used as a medicinal herb for treatment of diarrhea, dysentery, bleeding, wounds, ulcers and sores. It is an herb that was introduced as a garden perennial from Europe during the 1800's, and unfortunately, today it is still widely sold as an ornamental.
Commonly Confused Plants: Blazing Star, Fireweed, Spirea
Dalmatian Toadflax (Linaria Dalmatica)
Common Names: Broadleaf Toadflax, Wild Snapdragon, Smooth Toadflax
Description
Like its close cousin yellow toadflax, Dalmatian toadflax produces showy snapdragon-type yellow flowers, however, it is easier to identify due to its long, erect appearance and waxy coating. Dalmatian toadflax has a tap root that can go as deep as ten feet, but will also produce lateral roots that can extend out from the parent plant for ten to twelve feet. This plant can produce woody stems that are capable of reaching heights of four feet. They can be branched in the upper portions and are often a blue-green in color. Both stems and leaves have a waxy coating. Leaves are heart shaped and clasp the stem alternately. They have smooth margins. Blooms are nearly identical to yellow toadflax flowers: pale to bright yellow with orange throats and a spur extending from the bottom. Flowers are arranged in racemes on the stems and flowering occurs from mid-summer to early fall. Seeds are ½ inch capsules that contain tiny dark seeds with papery wings. These seeds can remain viable for up to ten years and each plant can produce up to 500,000 seeds annually. Dalmatian toadflax reproduces by seed and by root.
Key Features
Tall, stalky plant with waxy, rubber-like leaves and stem; stem and leaves are a bluish-green in color and flowers are bright, showy, and yellow and resemble snap dragons.
Habitat
Dalmatian toadflax grows best in full sun on dry sites with coarse textured, well-drained soils. Dalmatian toadflax is typically found along disturbed sites, roadsides, clear cuts, transitional forest-grassland, right-of-ways, fences, cultivated fields, pastures, and rangelands.
Interesting Facts
Dalmatian toadflax flowers have both male and female organs (hermaphroditic) and can self-pollinate. This plant was grown as an ornamental for many years in Europe before being introduced in the U.S. in 1874. Many folks will unknowingly pick both Dalmatian and yellow toadflax to take home and display in vases because of the showy blooms.
Commonly Confused Plants: Common Yellow Toadflax has similar flowers but no orange in the throat and Bastard Toadflax has similar blue green foliage
Whitetop (Cardaria Draba)
Common Names: Hoary Cress, Whiteweed, Peppergrass, Heart-podded Hoarycress, Hoary Cardaria
Description
The perennial whitetop is another member of the mustard family and can grow up to two feet in height. Roots are extensive and deeply penetrating, both laterally and vertically. Small buds on the roots create new shoots. Leaves are grayish-green in color, upper leaves clasp the stem and can be up to four inches long. They are shaped like arrow heads, are finely toothed, and soft as they are covered with fine hairs. Leaves at the base of the plant form a rosette early in the spring and are larger than the leaves on the stems. Flowers are white with four petals, ¼ inch across and shaped in a cross. They are one of Montana’s earlier invaders and bloom from late April to early June. Flowers form clumps at the ends of the stems and give the plant a flat-topped appearance. Flowers tend to get a cream colored cast as they mature. Seed capsules are flat and heart shaped with two reddish, brown seeds encased in pods. Whitetop reproduces by seed and by root, and each plant can produce around 3,000 seeds annually.
Key Features
Look for a flower cluster that is flat-topped and white to cream colored. Leaves and stems have a grayish- green color and leaves are soft and covered in fine hairs.
Habitat
Whitetop prefers open, unshaded areas and can be found on a wide variety of soil types. Whitetop generally grows better in moist sites or areas of moderate rainfall. Its attraction to moisture results in it being found in sub-irrigate pastures, ditch banks, irrigated cropland and at the edge of riparian areas. Whitetop prefers disturbed sites, including excessively grazed areas, waste areas, roadsides, and open grasslands.
Interesting Facts
In the Pacific Northwest with abundant rainfall, roots have been shown to occur up to thirty feet in dept. Seed may have been in the soil that was used as ballast for sailing ships, as it was first discovered around seaports on the coasts of the U.S.
Commonly Confused Plants: Perennial Pepperweed, Diffuse Knapweed, Western Yarrow
Canada Thistle (Cirsium Arvense)
Common Names: California Thistle, Creeping Thistle, Field Thistle
Description
Canada thistle can reach heights of four feet and forms deep and extensive root systems, making it difficult to control. Creeping horizontal roots sprout new plants and can reach more than nineteen feet in one season. These roots can also go as deep as twenty two feet. Rosettes are smooth, have irregular lobes and have spine tipped edges. Thistle leaves are distinctive as they are thorny, alternate and deeply lobed. Leaves are lance-shaped and the edges have yellowish spines, making hand pulling a thorny proposition. Stems can grow tall, are often branched, slightly hairy, and lack spines. Flowers resemble spotted knapweed in that they are pink to purple and ray-like. Canada thistle produces both female and male flowers and both genders must be present for the plant to go to seed. Male flower heads are globe- shaped while female flower heads are flask-shaped. Canada thistle flowers tend to be smaller than other thistle species. Each female flower produces a single, tan curved seed which has a papery covering and is easily tossed about by the wind. One plant is capable of producing over 3,000 seeds annually. This plant reproduces by both seed and root, but primarily from the roots.
Key Features
Roots that are creeping, extensive and deep, spines on the tips of the leaves, and pink flowers that resemble spotted knapweed.
Habitat
Canada thistle is found in open areas with a moderate amount of moisture but does poorly on wet soils lacking sufficient oxygen. It can grow on many different soil types but it does not grow well in shade and is rarely found within wooded sites, except in clearings. It is commonly found in abandoned fields or lots, abandoned gravel pits, pastures, right-of-ways , roadsides, railway embankments, lawns, gardens, and agricultural fields. It also invades wet areas with fluctuating water levels such as stream banks or irrigation ditches and sloughs.
Interesting Facts
Contrary to the name, Canada thistle did not come into the U.S. from our northern neighbor, but rather was introduced in the 17th century from the Mediterranean region and southeast Europe. Tea made from Canada thistle leaves has been used as a diuretic as well as for treatment of tuberculosis.
Commonly Confused Plants: Bull Thistle, Plumeless Thistle (has floral bracts that are covered with sharp spines. Flowers tend to be solitary) and Wavyleaf Thistle (most common on grassland and dry forests. Flower heads are usually large and the plant looks more like bull thistle than Canada thistle.)
Field Bindweed (Convolvulus Arvensis)
Common Names: Wild morning Glory, European Bindweed, Creeping Jenny, Creeping Charlie, Small Flowered Morning Glory, Perennial Morning Glory, field Morning Glory, Devil's Guts, Orchard Morning Glory, Possession Vine, Corn Bind
Description
Field bindweed is a persistent, perennial vine that is a member of the morning-glory family. It provides serious problems for farmers and ranchers in cultivated fields, but can also be found in lawns. The root system of field bindweed is extensive and grows roots both vertically and laterally creating dense mats under the soil. Roots are white and cord-like and produce buds of which new shoots start from. Leaves are dark green, smooth, alternate, petioled, and arrow-shaped with blunt tips. The stem is a vine that grows along the ground until it reaches something to climb. It then climbs aggressively and forms dense infestations. Flowers are showy and white to pink in color and bloom from June to August. They are funnel or bell-shaped, exist on longer stalks from the main stem, and are about one inch in diameter. Seeds are pear-shaped, light to gray-brown in color and have small bumps on the surface. Field bindweed primarily reproduces through its root system.
Key Features
Twining, vine-like stems, blunt ended, arrow-shaped dark green leaves, and bell shaped white to pink flowers on long stalks.
Habitat
Field bindweed is found in a wide range of habitats: orchards, roadsides, stream banks, lake shores, ditches, cultivated lands, and disturbed habitats, and as with most invasives, especially in disturbed sites. Field bindweed prefers strong sunlight and uses its vine stems to move into sunlight. It can persist in dry to moderately moist soils and is capable of surviving drought.
Interesting Facts
While field bindweed is persistent, it isn't overly competitive if more desirable vegetation can be established. Seeds from this plant can remain viable in the soil for up to fifty or more years. Field bindweed has also been used for medicinal purposes: tea made from the flowers is laxative and is also used in the treatment of fevers and wounds and spider bites.
Commonly Confused Plants: Ornamental Morning Glory, Hedge Bindweed, Wild Buckwheat
Sulfur Cinquefoil (Potentilla Recta)
Common Names: Five-Finger Cinquefoil, rough-Fruited Cinquefoil, Tall Five-Finger, Tormentil, Upright Cinquefoil, and Yellow Cinquefoil.
Description
Sulfur cinquefoil is a perennial forb with a single, woody taproot that can grow from one to three feet in height. This plant may have spreading roots, but they are not rhyzominous. The rosette of this plant has long-petiolate leaves which whither before flowering. Leaves are palmate with five to seven toothed leaflets that radiate from the center point. Leaves are approximately two to four inches long and up to an inch wide and resemble marijuana leaves. Leaves are more numerous at the base. Each rosette will produce a stem which remains unbranched until the cluster of flowers. Flowering occurs from May through July and flowers have five light yellow petals with deeply notched tips and a darker yellow center. Seeds are comma shaped, dark brown, have net-like ridges, and narrow winged edges. Sulfer cinquefoil can be spread through seed and by root.
Key Features
The key features of this plant include pointed hairs which protrude outward at right angles from the stem and leafstalk. Leaves of sulfur cinquefoil have green coloring rather than silver on the underside of the leaf.
Habitat
Sulfur cinquefoil prefers full sunlight and has adapted to a wide range of soil conditions. It can commonly be found in grasslands, shrubby/forested areas, logged areas, roadsides and waste areas.
Interesting Facts
Three obvious characteristics distinguish sulfur cinquefoil from native cinquefoils: Leaves of sulfur cinquefoil appear green on the underside rather than silvery; sulfur cinquefoil seeds are ridged while other cinquefoil seeds usually are not; and sulfur cinquefoil has comparatively more stem leaves and fewer basal leaves than other Potentilla species. The fruit of sulfur cinquefoil is edible, and the plant was used by Indians to treat wounds as it causes tissues to contract.
Commonly Confused Plants: There are three native Potentilla species in Montana with five-leaflet palmately compound leaves that could be confused with sulfur cinquefoil. Potentilla quinquefolia is reported from alpine and subalpine areas in Flathead, Glacier, Granite, Madison, and Park Counties and is small, only reaching 8 inches (20 cm) tall, has three leaflets on the basal leaves, the lower surface having grey, tangled, wooly hairs (lanate). Potentilla diversifolia, found in alpine areas in west and central Montana, has mainly basal leaves with few leaves along the stem, the flowers have only 20 stamens, the plant is not hirsute-hispid, and the achene surface is smooth. Sulfur cinquefoil is most often confused with northwest cinquefoil, Potentilla gracilis, found in most of Montana’s counties. Northwest cinquefoil is variable in its morphological characteristics. It generally has fewer leaves along the stem than sulfur cinquefoil, the leaves can, but not always, have white wooly hairs on the lower (ventral) surface, or some plants are fuzzy with short hairs (pubescent) or appearing without hairs (but never hirsute-hispid), and the achenes are smooth. Because of the leaves, sulfur cinquefoil has been confused with hemp, Cannabis sativa. However, hemp plants are hairless annuals commonly growing to well over two feet tall, and the flowers are small, green, and dioecious.
Yellow Starthistle (Centaurea Solstitialis)
Common Names: Yellow star Thistle, Geeldissel, Golden Star Thistle, St. Barnaby's Thistle, Yellow Centaury, Yellow Cockspur
Description
Yellow Starthistle was recently found in Beaverhead County and has been reported in other counties in recent years, but has been eradicated. Yellow starthistle is a relative of knapweed and its yellow flowers resemble the pink knapweed flower. This plant is an annual that can grow up to three to five feet in height. Leaves and stems are a grayish-green color and leaves are covered with a cottony wool. Lower leaves are up to 3 inches long and deeply lobed, while upper leaves are short and narrow with fewer lobes and give the stems a “winged” appearance. Flowers are a bright yellow and sharp spines up to ¾ inches in length surround the base of the flower. Starthistle primarily spreads by seed, and each plant can produce up to 150,000 seeds.
Key Features
The bright yellow, knapweed-looking flower, and the sharp spines that have been known to puncture tires.
Habitat
Plants typically thrive in full sunlight with deep, well-drained soils. It is often found in disturbed areas, roadsides, rangelands , waste areas, overgrazed lands, pastures, hay fields, along waterways, roadsides, forests and other non-crop areas.
Interesting Facts
Yellow starthistle is poisonous to horses. When ingested, the plant causes a neurological disorder called equine nigropallidal encephalomalacia or chewing disorder. If horses continue to feed on yellow starthistle, brain lesions and mycosal ulcers in the mouth may form which eventually leads to death. Yellow starthistle Was found in two counties in Montana in 2010.
St. Johnswort (Hypericum Perforatum)
Common Names
St. John's Wort, Common St. Johnswort, Klamath Weed, Common Goatweed, Tipton Weed
Description
This invasive is the one and same used for medicinal purposes to address depression. St. Johnswort is a perennial that can grow from one to two feet in height. This plant has a long taproot and shallow rhizomes which extend from the root crown. Stems are reddish in color and can be single or multiple with two opposite longitudinal ridges. Stems can branch many times towards the top of the plant. Leaves are lance-shaped, opposite on the stem, and one to two inches long with smooth margins. Each leaf contains tiny pinpoints of holes which are visible when held up to the light. Flowers are yellow and star-shaped with five petals. Tiny black dots can be found along the edges of the petals. Flowers are found in clusters at the ends of the stems and are one inch or less in diameter. Seeds are three sectioned pods filled with many dark brown seeds. Each plant can produce up to 100,000 seeds. St. Johnswort reproduces by an aggressive root system and by seed.
Key Features
Leaves that contain tiny pinpoint holes, visible when held up to the light. Black oil glands along the margins of the yellow petals.
Habitat
St. Johnswort prefers poor dry, gravelly, or sandy soils in full sun. It can be found primarily in right-of-ways, roadsides, meadows, dry pastures, rangelands, fields, open woods, waste places and disturbed ground.
Interesting Facts
While animals will not seek out St. Johnswort, it is toxic to livestock when consumed in quantity, especially to animals with light-colored skin. In herbal medicine, the chemical produced by St. Johnswort is hypericin, which is the antidepressant ingredient in St. Johnswort remedies.
Houndstongue (Cynoglossum Officinale)
Common Names: Gypsy Flower, Rats & Mice, Dog Bur, Beggar’s Lice
Description
Houndstongue is a biennial forb that forms a deep tap root and basal rosette the first year. It forms a flowering stem in its second year. The rosette leaves are broad, oblong, and petioled and resemble a dogs tongue in shape. Leaves are alternate, up to one foot in length and up to three inches wide. They have smooth margins and are soft and velvety to touch. In the second year, stems form and often branch at the top of the plant. Plants can grow up to four feet in height. Flowers are five petaled, reddish-purple in color and produce four triangular, rounded seeds. They typically bloom in June and July. Seeds are small brown nutlets about 1/3 inches in length that easily attach to animals, vehicles, and humans. The entire plant has soft white hairs on it. The single tap root of houndstongue is thick, black and woody. Houndstoungue reproduces from seed only and each plant can produce up to 2,000 seeds. The plant dies after its second year.
Key Features
The soft white hairs covering the plant, the basal leaves that resemble a hounds tongue, and the little brown burrs that stick to everything.
Habitat
Houndstongue prefers well drained, relatively sandy and gravelly soils. It can also be found in shady areas and especially under the canopy of forests and wetter grasslands. It can be found in pastures and meadows, along roadsides and in disturbed sites.
Interesting Facts
Houndstongue carries an alkaloid poison that can kill livestock through loss of production of liver cells. Animals won’t normally graze on it, but if cured in hay, it will remain toxic. Sheep are more resistant to this plant than cattle and horses. Horses are especially susceptible and symptoms of houndstongue ingestion include loss of weight, diarrhea, convulsions and even coma. As with many invaders, houndstongue does have medicinal properties as well and has been used as a remedy to acne, corn callus, eczema, and as a fever remedy.
Commonly Confused Plants: Exotics: Rosettes may resemble burdock. Natives: If not flowering, could be mistaken for members of the Hackelia or Lappula genus (stickseeds).
Oxeye Daisy (Leucanthemum Vulgare)
Common Names: Oxeye Daisy, Ox-eye Daisy, Margarite, White Daisy
Description
Oxeye daisy is a perennial somewhat resembling the popular Shasta daisy. Stems are slender and may emerge from the root crown or the extensive root system it produces. Lower leaves are spoon-shaped and broadly toothed. The leaves are alternate and can grow up to five inches long and two inches wide and they clasp the stem of the plant. Upper leaves grow smaller towards the top of the plant. A mature plant may grow up to two feet in height with a single flower head on each simple one-branched stem. Flower heads are made up of 15 – 30 white rays that circle a yellow button, depressed center. Flowers bloom from June to August. The fruit of this plant is a small flat seed, dark gray in color with no pappus. One plant can produce over 500 seeds and seeds can remain viable in the seed bank for up to three years. The roots of oxeye daisy are extensive and shallow. Reproduction occurs by root and seed.
Key Features
Sometimes the plants are hard to tell apart even from their leaves, but generally Shasta daisies have larger flowers (up to two inches in diameter) and foliage; and they tend to be bushier plants.
Habitat
Oxeye daisy is highly adaptable to a variety of sites. It can grow in course to medium textured soils and can be found in moist to moderately dry sites, however, it does prefer abundant sunlight. Once planted as an ornamental, oxeye daisy escaped cultivation and is now common in native meadows, pastures, fields in open and thick woodlands, along waterways and roadsides. It is also found in disturbed areas, hay fields, gardens and lawns, and irrigation ditches.
Interesting Facts
Unfortunately, some of Montana’s state listed noxious weeds are still offered for sale in wildflower seed mixes and oxeye daisy is one of those. Be on the lookout when purchasing seeds for your garden or landscaping. The garden variety Shasta daisy was actually developed as a hybrid from a mix of wild daisies including oxeye daisy by a California scientist.
Commonly Confused Plants: Shasta Daisy
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