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Clark County staff outline mandatory noxious-weed program; officials press on aquatic impacts of roadside spraying

Clark County Council (work session) · March 11, 2026
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Summary

Clark County staff told the council the county enforces state noxious-weed laws, described priority species and control methods (mechanical, biological and chemical), and said staff avoid Roundup and halt spraying when moving water is present; councilors asked for clarity on aquatic risks and enforcement on government lands.

Kevin Tyler, division manager for the lands management division of Public Works, told the Clark County Council at a work session that the county’s noxious weed management program is a state‑mandated effort to prevent invasive plants from damaging agriculture, native habitat and watershed health.

Staff described the program’s legal framework, field operations, and outreach. "A few months ago during public comment, Councilor Little asked staff to provide an overview of the county's noxious weed program," Tyler said. Justin Kell, coordinator of the Clark County Noxious Weed Control Board, and Daniel Eert, lead on county lands control, joined the briefing.

Kell summarized state law (cited in the meeting as RCW1710) and Clark County’s Local Code (Title 7), explaining that the state classifies noxious weeds (Class A requires eradication; Class B and C have differing regional requirements) and that the county must adopt the state list and may locally mandate control when allowed. Kell said the county board also hears appeals and can waive fines.

Staff walked through examples of high‑priority species, including Japanese knotweed, giant hogweed (Class A, which can cause severe skin burns), garlic mustard (Class A) and tansy ragwort (toxic to livestock). They said many species have persistent seed banks, so programs focus on long‑term management and containment when eradication is impractical.

On operations, staff said the county manages nearly 10,000 acres of property and used herbicide on approximately 786 acres last year. The program is split between a three‑person field inspection and a control crew of about nine people (approximately 15 staff in total, with three vacancies). Kell reported annual compliance activity (from 2025): 1,659 reminder letters, 687 warning letters, 59 certified violation letters and two enforcement actions. Enforcement tools include obtaining a warrant to treat and bill a property owner or issuing civil infractions with fines the staff described as ranging from $250 to $1,000 depending on species and repeat offenses.

The presenters described roadside spray operations divided into three zones: zone 1 (12–18 inches from pavement to preserve the road edge), zone 2 (broadleaf treatment to favor grass in ditches) and zone 3 (targeted blackberry/brush for sight distance and guardrail visibility). Staff said spray activities generally occur late spring through fall and are coordinated with mowing.

The council pressed staff on herbicide choices and aquatic impacts. Councilor Little described seeing roadside areas with dead vegetation and asked whether spraying affects tadpoles and salmon spawning. "Do you use Roundup?" Little asked.

Kevin Tyler said the county "do[es] not" use Roundup and has "moved away from Roundup to a product called Aligair glyphosate 5.4," which still contains glyphosate as the active ingredient. Tyler read label language noting the product is labeled for aquatic use but is "hazardous to the aquatic environment short term" and that treatment of emergent vegetation "can result in oxygen depletion or loss due to decomposition of dead plants," which can cause fish suffocation.

Daniel Eert, who said he operated the county spray truck for 10 years and trains current applicators, described operational safeguards: applicators apply glyphosate 5.4 only in the near‑pavement zone, they halt spraying when any moving water is present, and they select timing and weather to minimize runoff. Eert added that the product binds quickly with plant organic material and breaks down in soil, and that staff deliberately skip areas with surface water.

Staff discussed alternatives: contact herbicides such as pelargonic acid (marketed as Scythe) are used in some situations but not from the spray truck; steam systems and controlled burns are possible but are either cost‑prohibitive or logistically difficult in the county’s wetter conditions.

On enforcement, Kell said the county can and has taken enforcement action against other government entities when necessary but typically gauges whether formal action will help maintain working relationships. He said Tree of Heaven is Class C and widespread, so community‑scale eradication would be difficult and require broad cooperation.

Kell and Tyler emphasized the program’s education and outreach: translated control handouts, booths at local fairs, collaborations with the conservation district, and social‑media posts that drew thousands of views. "If somebody inquires about noxious weeds they can refer to our website, call our office, email our general mailbox, or even report a noxious weed online," Kell said.

The council thanked staff and urged continued outreach and partnerships; staff said they are updating the county’s green purchasing policy and pesticide review committee and hope to present proposed policy updates to the council by year’s end.

The work session included technical detail and operational safeguards but produced no formal votes or directives during the meeting.