Commissioner of Noxious Weeds

The Noxious Weeds Act, Public Act 359 of 1941, MCL 247.61, et seq., authorizes a township to adopt an ordinance to control and eradicate certain noxious weeds and to have a lien for expenses incurred in controlling and eradicating such weeds.

MCL 247.61 allows the township board to appoint a competent person as commissioner of noxious weeds. He or she must take the oath of office and holds office for a two-year term. The name and address of the commissioner must be filed with the Michigan Department of Agriculture within 10 days after the appointment. The commissioner may be removed by the township board for good cause.

The statute lists certain noxious weeds that must be destroyed by the property owner before seedbearing stage, such as Canada thistle, dodders, mustards, wild carrot, bindweed, perennial sowthistle, hoary alyssum, ragweed, poison ivy, and poison sumac. The commissioner must notify (by certified mail with return receipt requested) the owner, agent, or occupant of any lands where such weeds are found. The notice must contain methods for treating or eradicating weeds. If the owner or occupant refuses to destroy the weeds, the commissioner is authorized to enter the property and destroy the weeds. Any expenses incurred are a lien against the land and are enforced like a mechanic's lien in unsubdivided land and through the tax roll on subdivided lands of townships over 5,000 population.

In lieu of the certified mail notice, the township may publish a notice in a newspaper of general circulation in the county during March stating that any weeds not cut by May 1 of that year will be cut by the township at the expense of the property owner. The notice may indicate that the township may continue to cut the weeds as many times as is necessary throughout the year and charge the cost to the property owner.

The act further permits a township with a population of 5,000 or more to adopt a noxious weed ordinance for subdivisions requiring eradication to a lot depth of 165 feet. A railroad that fails to eliminate noxious weeds may only be fined between $50 and $200 for each offense. Violator prosecution may be conducted by the commissioner. He or she cannot incur costs in excess of $25 on any one tract, however, without the advice and consent in writing of the township supervisor.

Violators are also subject to a fine of up to $100 or a civil infraction sanction, if provided by ordinance, which sums become part of the township's weed control fund. Where definite ownership cannot be determined, the county board of commissioners shall cause the destruction of the weeds. The Michigan Department of Natural Resources is obligated to cut noxious weeds on land within its jurisdiction within 165 feet of any privately owned property upon notification by the commissioner of noxious weeds. Upon default and cutting by the commissioner, the costs are collected in the court of claims.

The county board of commissioners may contribute funds to the township or assume complete weed control authority in the county.

(Photo used with permission from www.poison-ivy.org.)