(a) It shall be unlawful to intentionally introduce, cultivate, sell, offer for sale, or knowingly allow to grow in violation of this article or any rule promulgated hereunder in this state any noxious weed designated pursuant to section 35-5.5-108 (2)(a); except that this prohibition shall not apply to:
Research sanctioned by a state or federal agency or an accredited university or college;
Activities specifically permitted by the commissioner;
Noxious weed management plans that are part of an approved reclamation planpursuant to section 34-32-116 (7) or 34-32.5-116 (4), C.R.S.;
Noxious weed management activities that are conducted on disturbed lands as partof an approved reclamation plan pursuant to section 34-33-111 (1), C.R.S.; or
Noxious weed management activities that are part of activities conducted on disturbed lands pursuant to section 34-60-106 (12), C.R.S.
(b) It shall not be a violation of this section for a person to knowingly allow to grow a state noxious weed that is being properly managed in accordance with the rules promulgated by the commissioner.
Any entity or person that violates the provisions of this section shall be responsiblefor the costs associated with remediation of the noxious weeds. In assessing the cost of remediation, the commissioner may include both actual immediate and estimated future costs to achieve specified management objectives.
Source: L. 2003: Entire section added, p. 2417, § 3, effective August 6.