1.  If it appears that an area has or is likely to become infested with a pest which cannot be practically controlled except by the means provided in this section, the Department shall hold a public hearing to determine the necessity of declaring a time during which or an area in which plants capable of acting as hosts for the pest may not be planted, grown, cultivated, maintained or allowed to exist.

Terms Used In Nevada Revised Statutes 555.125

  • Control: means to cut, destroy or eradicate established noxious weed populations in order to prevent:

    (a) The spread, maturation and dispersal of any propagative part of the noxious weed; and

    (b) The reproduction and spread of the noxious weed. See Nevada Revised Statutes 555.005

  • Department: means the State Department of Agriculture. See Nevada Revised Statutes 555.005
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
  • Pest: means any form of animal or vegetable life detrimental to the crops, horticulture, livestock, public health, wildlife, quality of water and beneficial uses of land in this State, including, without limitation, any insect, snail, nematode, fungus, virus, bacterium, microorganism, mycoplasma, weed, parasitic plant or any other plant that is normally considered to be a pest of cultivated plants, uncultivated plants, agricultural commodities, horticultural products or nursery stock, or that the Director declares to be a pest. See Nevada Revised Statutes 555.005

2.  Notice of the hearing must be given to all growers of the host plants within the area and must specify:

(a) The time and place of the hearing.

(b) The host plant.

(c) The pest.

(d) The purpose of the hearing.

3.  If, after the hearing, the Department determines that the pest cannot otherwise be practically controlled, the Department shall issue an order prescribing a time during which or an area in which the host plants may not be planted, grown, cultivated, maintained or allowed to exist, and requiring owners or occupiers of property upon which the host plants exist to control the plants.

4.  If the owner or occupant neglects or refuses to control the plants, the Department may do so in the manner prescribed by NRS 555.110.

5.  Any person violating such an order is subject to a civil penalty pursuant to NRS 555.201.

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