Wyo. Code R. 010-0016-2
Effective Date: 04/14/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0016.2.04142023
Section 1. Authority. These rules are promulgated pursuant to Wyoming Statute 11-5-119 and 11-5-303(g)(i).
Section 2. Definitions. Any applicable term defined in W.S. 11-5-302 has the same meaning in these rules. The singular includes the plural and the plural the singular when consistent with the intent of these rules and necessary to effect their purpose. As used in these rules, the following definitions shall apply:
(a) “Best management practices” means the optimal methods for the consistently effective management of designated or declared species. Best management practices may change as new methods are discovered. Best management practices are determined by comparing efficacy to the economic and ecological impacts of the action.
(a) To establish a special management program, the district board shall request the district supervisor to complete an inventory of the potential species being considered on lands within the district to determine the scope of infestation.
(b) The district supervisor shall issue a report that must include the following:
(c) The district board shall prepare a resolution, to be considered at a regularly scheduled business meeting, that proposes to implement a special management program. The resolution shall include:
(ii) A profile for each species;
(iii) One or more proposed management zones within the district for each species; and
(iv) The justifications for implementation of a proposed special management program to address the species identified.
(d) Upon the district board's approval of the resolution, the district supervisor shall contact the landowners within each proposed management zone to obtain each landowner's written consent for formation of the proposed management zone.
(e) Before final approval of the special management program, the district shall provide notice to the public in accordance with W.S. 11-5-303(c)(v).
(f) At the district board's next scheduled meeting, the district board may vote on final approval of the implementation of the special management program.
(g) After final approval of the special management program, the district board shall set the landowner's cost-share obligation for each management zone, which shall not exceed the percentage established in W.S. 11-5-303(d)(i).
(a) After the district board's final approval of the program, the district supervisor, on behalf of the district board, shall enter into a cooperative agreement, not to exceed five years in duration, with the landowners within a management zone that desire to participate in the program either separately or collectively. A cooperative agreement shall include:
(i) A map of the management zone that identifies the lands of each participating landowner;
(ii) The district's options for materials and methods of management;
(iii) The best management practices for the management zone;
(iv) The evaluation and monitoring of implemented management practices;
(v) The estimated annual district costs and landowner costs, including labor and equipment expenses incurred by the landowner;
(vi) Identification of any other funds received by the landowner from any other sources for the treatment of the targeted species;
(vii) The prior notification procedures and provisions for access to the enrolled property; and (viii) The provisions for cooperative agreement revisions or cancellations by either the district or the landowner.
(b) The district board may reimburse the labor and equipment expenses incurred by the landowner in good faith that exceed the landowner's cost-share obligation.
(c) A cooperative agreement may be revised and renewed as needed.
(d) A landowner may request mediation to handle any grievances with the district regarding the cooperative agreement, including through the Wyoming Department of Agriculture's mediation program.
(e) The district board shall maintain a copy of each cooperative agreement for a minimum of two years after its expiration or termination date.
(f) The district board shall maintain records of district costs and the approximate number of acres treated per landowner for a minimum of two years after the cooperative agreement's expiration or termination date.
(a) The district board shall budget for all costs associated with the administration and operation of the program. Those costs may include:
(b) The district board shall use the budget process established by the Uniform Municipal Fiscal Procedures Act, W.S. 16-4-101 through 16-4-125.
(c) Funding from a special management program may be used for research purposes if such research is directly related to the species identified in the district board's resolution and would be directly applicable to management efforts within the district.
(d) At any time, district boards may set a cost-share or funding limit for treatments on state and federal lands included in the special management program.
(e) The district may apply pesticides, may have application equipment available to commercial and private applicators, or both.
(f) The district board may cost share with the landowner the cost of pesticides, the cost of the application, and the cost of any other integrated management practice system for the control of declared or designated species.
(g) In accordance with W.S. 11-5-105(a)(vi), the district board shall obtain competitive bids for any purchase costing more than $10,000.00.
(h) The district board shall comply with W.S. 11-5-105 in the operation of special management program to the extent it does not conflict with W.S. 11-5-301 through 11-5-303 and these rules.
(a) New landowner participation in existing management zones.
(i) Unless the district supervisor determines that new landowner participation will alter the district's budget, the district supervisor may enter into a cooperative agreement on behalf of the district board as set forth in Section 4 with a new landowner who desires to join an established management zone within the District. If a new landowner desires to join a collective cooperative agreement, the district supervisor may modify the collective cooperative agreement if all of the others parties to the agreement agree in writing.
(ii) If the district supervisor determines that the estimated cost for a new landowner's participation will alter the district's approved budget, the district board shall vote on whether to add the new landowner, and if approved, shall follow the proper budget amendment process.
(b) Adding Management Zones.
(i) If a landowner or group of landowners outside of a management zone requests to be a part of the special management program, and the district supervisor determines that adding a management zone including those landowners may enhance the effectiveness of a special management program and not exceed the district's budget for the program, the district supervisor may designate a temporary management zone by:
(A) Preparing a report that lists the designated or declared species to be controlled and a map of the temporary management zone; and
(B) Obtaining the written consent of a majority of the landowners within the temporary management zone.
(ii) After receiving approval of a majority of the landowners within the temporary management zone, the district supervisor may allow landowners within the temporary management zone to participate in the special management program by entering into a cooperative agreement as set forth in Section 4 except that the agreement shall only be in effect for the remainder of the calendar year in which the temporary management zone was designated.
(iii) Temporary management zones shall expire after the district board's annual review of the special management program unless approved as a permanent management zone by the district board before or during the district board's annual review.
(c) Adding or Removing a Species.
(i) To add or remove a species from a special management program, the district board shall prepare a resolution, to be considered at a regularly scheduled business meeting, that proposes to add or remove a species from the special management program. The resolution shall include:
(A) The scientific name and common name for each species to be added or removed;
(B) A profile for each species;
(C) One or more proposed management zones for each new species, which may contain as few as one landowner; and
(D) The justifications for adding or removing the species.
(ii) Upon the district board's approval of the resolution, and if the resolution proposes to add a new species, the district supervisor shall contact the landowners within each proposed management zone to obtain each landowner's written consent for formation of the proposed management zone.
(iii) Before final approval of the addition or removal of a species to the special management program, the district shall provide notice to the public in accordance with W.S. 11-5-303(c)(v).
(iv) At the district board's next scheduled meeting, the district board may approve the addition or removal of species from the special management program.
(v) If a species is added to the special management program, the district board shall set the landowner's cost-share obligation for each management zone for each new species.
(a) The district board shall annually review the special management program.
(i) The district supervisor shall annually prepare a report of the special management program for the district board before the district board's annual review. The report shall include:
(ii) This report shall be available upon request by any member of the public. Whenever a district receives a request for the district supervisor's annual report, the district shall comply with the Wyoming Public Records Act W.S. 16-4-201 through 16-4-205, and the Special District Public Records and Meetings Act, W.S. 16-12-301 through 16-12-304.
(b) The district shall keep on file a copy of all public notices for the special management program for the duration of the program.