KRS 176.051: Department to eradicate noxious weeds and invasive plants on

rights-of-way -- Advertisement of program -- Administrative regulations.

(1) The Department of Highways shall keep all state rights-of-way free of all of the

following, which are noxious weeds and invasive plants:

(a) The species of grass, Sorghum halepense, commonly known as Johnson

grass;

(b) The species of weed commonly known as giant foxtail;

(c) The thistles Cirsium arvense and Carduus nutans, commonly known as

Canada thistles and nodding thistles, respectively;

(d) Multiflora rose;

(e) Kudzu;

(f) Poison hemlock;

(g) Marestail;

(h) Amur honeysuckle;

(i) Japanese knotweed; and

(j) Common teasel.

(2) Upon written request, the department shall give priority to and shall cooperate

with any abutting property owner engaged in a program of eradication by

eradicating the noxious weeds and invasive plants identified in subsection (1)

of this section, or in administrative regulations promulgated pursuant to

subsection (4) of this section, from abutting state rights-of-way. The

department shall take steps to eradicate this grass and these weeds or thistles

by the use of chemicals or any other means found to be effective by the

department.

(3) The Department of Highways shall inform property owners of the availability of

the eradication program. In carrying out this responsibility the department shall,

no later than the first week in March of every year, advertise in each county,

pursuant to the provisions of KRS Chapter 424 that the program is available.

The department shall stipulate in the advertisement the place and manner in

which an interested property owner may make a written request for inclusion in

the program. The department shall also promote awareness of the availability

of the eradication program through the use of electronic media and the

Cooperative Extension Service.

(4) (a) The Department of Highways may by administrative regulation add

noxious weeds and invasive plants to or delete them from the list of

noxious weeds and invasive plants enumerated in subsection (1) of this

section. In making a determination regarding a noxious weed or invasive

plant, the department may consider the following:

1. The plant's ability to directly or indirectly injure or cause damage to

crops, livestock, poultry, or other interests of agriculture;

2. The plant's impact on the public health;

3. The plant's impact on the environment; and

4. The level of difficulty associated with controlling or eradicating the

plant.

(b) The department shall review this administrative regulation at least once

every four (4) years.

(c) For purposes of this subsection, "livestock" means cattle, sheep, swine,

goats, horses, alpacas, llamas, buffaloes, and any other animals of the

bovine, ovine, porcine, caprine, equine, or camelid species.