Official Website for Clay County, Iowa
Official Website for Clay County, Iowa
Weed Commissioner
Contact Information
Marc Gustafson
Commissioner
Clay County Weed Commissioner
Administration Building
300 W 4th Street
Spencer, Iowa 51301
Phone
712-262-2187 x3713
Hours
Monday - Friday
8:00am - 4:30pm
Duties of the County Weed Commissioner
The weed commissioner is appointed by the Board of Supervisors. His or her duties are described in Chapter 317 of the Code of Iowa. Annually, the Clay County Board of Supervisors has appointed Marc Gustafson as county weed commissioner. The weed commissioner relies heavily on reports from the public of the location of noxious weeds and works to have them destroyed as quickly as possible. The sections of the Iowa Code most applicable to the weed commissioner’s duties are shown below.
The Board of Supervisors of each county may annually appoint a county weed commissioner who may be a person otherwise employed by the county and who passes minimum standards established by the department of agriculture and land stewardship for noxious weed identification and the recognized methods for noxious weed control and elimination.
The county weed commissioner's appointment shall be effective as of March 1 and shall continue for a term at the discretion of the board of supervisors unless the commissioner is removed from office as provided for by law.
The county weed commissioner may, with the approval of the Board of Supervisors, require that commercial applicators and their appropriate employees pass the same standards for noxious weed identification as established by the department of agriculture and land stewardship.
The weed commissioner, subject to direction and control by the County Board of Supervisors, shall supervise the control and destruction of all noxious weeds in the county, including those growing within the limits of cities, within the confines of abandoned cemeteries, and along streets and highways unless otherwise provided. A commissioner shall notify the department of public safety of the location of marijuana plants found growing on public or private property. A commissioner may enter upon any land in the county at any time for the performance of the commissioner's duties, and shall hire the labor and equipment necessary subject to the approval of the board of supervisors.
If there is a substantial failure by the owner or person in possession or control of any land to comply with any order of destruction pursuant to the provisions of this chapter, the county weed commissioner, including the weed commissioner's deputies, or employees acting under the weed commissioner's direction may enter upon any land within the commissioner's county for the purpose of destroying noxious weeds. The entry may be made without the consent of the landowner or person in possession or control of the land. However, the actual work of destruction shall not be commenced until five days after the landowner and the person in possession or control of the land have been notified. The notice shall state the facts relating to failure of compliance with the county program of weed destruction order or orders made by the board of supervisors.
Each owner and each person in the possession or control of any lands shall cut, burn, or otherwise destroy, in whatever manner may be prescribed by the board of supervisors, all noxious weeds thereon as defined in this chapter at such times in each year and in such manner as shall be prescribed in the program of weed destruction order or orders made by the board of supervisors, and shall keep said lands free from such growth of any other weeds, as shall render the streets or highways adjoining said land unsafe for public travel.