To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Matt Gohl, Special Projects Manager
Barbara Spagnuolo, Natural Resource Specialist
Title
Ordinance Amending the Control and Removal of Rubbish and Weeds in Chapter 8.12 of the Castle Rock Municipal Code to Comply with the Colorado Noxious Weed Act Requirements Adopting the 2021 Town of Castle Rock Noxious Weed Management Plan by Reference (Second Reading - Approved on First Reading on June 1, 2021 by a vote of 7-0)
Body
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Executive Summary
In 2020, the Town received notification from the Colorado Department of Agriculture regarding inquiries they received about noxious weed management in Castle Rock. Since that time, Town staff has been reviewing current noxious weed management practices to ensure compliance with statutory requirements. Title 35 of the Colorado Revised Statutes includes the Colorado Noxious Weed Act that requires noxious weed management by land owners, including municipalities.
Town Council was originally briefed on January 19, 2021 regarding staff efforts in this area. Necessary actions presented at that time included establishment of a Noxious Weed Advisory Board, adoption of a Noxious Weed Management Plan and updating associated Town Code provisions.
Staff also informed the Parks and Recreation Commission of these efforts on January 20, 2021. Additionally, this commission was presented with the consideration to expand its duties to include serving as the Town’s Noxious Weed Advisory Board. Town Council approved Resolution 2021-007 to expand the role of the Parks & Recreation Commission to also serve as the Town’s Noxious Weed Advisory Board on February 2, 2021.
Additionally, a draft Noxious Weed Management Plan was created and made available for public comment from February 19 - March 26. Four comments were received and input has been incorporated into the proposed Noxious Weed Management Plan (Attachment A). The Noxious Weed Advisory Board unanimously approved this plan on May 19, 2021 and staff is seeking Town Council adoption this evening.
Staff is also seeking Council approval of associated changes to Town Code related to noxious weed management. These proposed changes are addressed in more detail in the following discussion.
Discussion
Noxious weeds are non-native plants that displace native plants or out-compete native plants for soil moisture and degrade natural habitat. Many noxious weeds are undesirable to cattle and wildlife, and can even be toxic, thereby reducing available forage habitat. Other concerns with noxious weeds are that they can quickly establish, are difficult to eradicate and can lead to issues with property maintenance, recreational access and general biodiversity. It is important to manage noxious weeds in our area through identification, prevention and control of infestations. Noxious weeds can be introduced through seeding, as ornamental escapes or can establish in disturbed areas (roadsides, overgrazed pastures, construction areas) as well as riparian corridors and wetlands.
The statewide noxious weed list identifies all weed species of concern in Colorado. Noxious weeds are grouped into three categories and each category requires a different level of response, as shown below:
• List A plants must be completely eradicated from all lands in the State
• List B plants must be contained and spread halted when identified
• List C plants can be treated in a variety of ways - local governments are given authority to determine the best the approach
Information about each category can be found at <https://ag.colorado.gov/conservation/noxious-weeds>. Within the Town of Castle Rock, the most common noxious weeds are diffuse knapweed, musk, bull and Canada thistles and myrtle spurge.
The Town’s Park Operations and Maintenance Division actively manages noxious weeds found in parks and open space lands within Castle Rock boundaries. Staff utilizes an integrated process consisting of mowing, spraying, pulling, utilization of native landscaping and biological controls. In the past, the Town has utilized volunteers to assist with weed management and has also released weevils in Town parks and open space that feed on knapweed. The Town also provides information about weeds in the community on the Town website at CRgov.com/weeds <http://www.CRgov.com/weeds>. Other areas of concern include undeveloped lots or lots that have been graded in preparation of development. Graded land removes the top layer of soil and nutrients providing an opportunity for noxious weeds to invade. Additional areas of concern are rights-of-way and drainage areas throughout Town.
In an effort to control or prevent noxious weed infestations, the State adopted the Colorado Noxious Weed Act as included in Title 35 of the Colorado Revised Statutes. The law requires all Colorado residents, including local land managers, to control noxious weeds using integrated methods to manage those noxious weeds. According to the Colorado Noxious Weed Act, municipalities have certain responsibilities that include:
• Establishment of a local advisory board
• Adoption and administration of a noxious weed management plan
• Treat public lands, including rights-of-way, to impede the spread of noxious weeds
In order to align with State statute, the Town has established a local weed advisory board, prepared a Noxious Weed Management Plan and identified necessary changes to Town Code.
Noxious Weed Advisory Board
Town Council was initially briefed on noxious weed management, including required Town actions, on January 19, 2021. The Parks and Recreation Commission was also informed of these items on January 20, 2021. After these initial presentations, Town Council approved Resolution 2021-007, “Resolution Approving the Creation of a Noxious Weed Advisory Board as an Auxiliary Function of the Town of Castle Rock Parks and Recreation Commission,” on February 2, 2021. Establishing this advisory board aligns with the Colorado Noxious Weed Act and fulfills the necessary requirement.
Noxious Weed Management Plan
Staff developed a Noxious Weed Management Plan in accordance with State statute. This plan includes an overview of the Colorado Noxious Weed Act, management options/approaches, implementation of the plan, public education and ongoing program evaluation. This management plan, including overall compliance with the Colorado Noxious Weed Act, is applicable to both public and private properties once adopted.
The draft plan was made available for public input from February 23 - March 26. Four comments were submitted by residents and included two suggestions for improving the plan: the addition of photos to help identify certain weeds in Castle Rock and having a reporting mechanism for noxious weeds. Note that all weed concerns can be reported through the Town’s existing “Report-a-Concern” option at CRgov.com. Additionally, the public comments identified a Town-owned site that has weeds requiring attention - Town staff is currently evaluating this site and following up accordingly.
Staff updated the draft Noxious Weed Management Plan to include public feedback and presented the final plan (Attachment A) to the Noxious Weed Advisory Board for approval. The advisory board approved the plan unanimously on May 19, 2021. Staff is seeking Town Council adoption of this Noxious Weed Management Plan into the Municipal Code this evening. The proposed ordinance, approving the proposed Noxious Weed Management Plan and associated Code changes, is available in Attachment B for reference.
Town Code
Currently, chapter 8.12 of the Town’s Municipal Code limits growth of weed height to 12 inches or less. It is the responsibility of the property owner to manage weed height on their respective property. At this time, the Municipal Code does not specifically address noxious weeds located on properties within Town boundaries, nor does it specifically reference the Colorado Noxious Weed Act.
In order to align with the Town’s Noxious Weed Management Plan and the Colorado Noxious Weed Act, staff has added a sub-section to chapter 8.12 to adopt the Noxious Weed Management Plan. Staff has also identified changes to each sub-section of chapter 8.12 of the Town’s Municipal Code to reference and align with the Noxious Weed Management Plan. The original provisions and powers of the section remain the same with recommended changes including new references to the Town’s Noxious Weed Management Plan as the guiding document for weed management in Castle Rock, as well as a definition section for clarity. Inclusion of these references aligns with requirements in State statute regarding the Colorado Noxious Weed Act.
Staff is seeking Town Council approval of these proposed Code changes this evening. Enforcement of noxious weed matters in Castle Rock will be handled through the Town’s code enforcement team. Additionally, as has been done in the past, Town departments will continue to monitor and maintain Town property to ensure compliance with the Noxious Weed Management Plan.
Staff Recommendation
Staff recommends approval of Ordinance 2021-012, An Ordinance Amending the Control and Removal of Rubbish and Weeds in Chapter 8.12 of the Castle Rock Municipal Code to Comply with The Colorado Noxious Weed Act Requirements. Note that the Noxious Weed Management Plan will be adopted by reference within the ordinance.
Additionally, the Parks and Recreation Commission, serving as the Town’s Noxious Weed Advisory Board, also approved the Noxious Weed Management Plan unanimously on May 19, 2021.
Proposed Motion
“I move to approve the Ordinance as introduced by title.”
Attachments
Attachment A: Noxious Weed Management Plan
Attachment B: Ordinance