Thistles, the literal thorns in landowners’ sides, are the only plants listed on Oklahoma’s Noxious Weeds Law. But that might change.
Under the law, landowners must treat, control or eradicate certain invasive plants on their property to prevent them from spreading. Currently, the musk, Canada and Scotch thistles are the only plants listed in the statute. But House Bill 3186 would add kudzu and poison hemlock.
Invasive kudzu is known as the “vine that ate the south” because it engulfs plants and structures. The vine can also overwinter soybean rust, which is a type of fungus. Poison hemlock is extremely toxic to humans and animals.
Karen Hickman, an Oklahoma Invasive Plant Council board member and director of Oklahoma State University’s Environmental Science Program, tracks confirmed kudzu locations in the state and said the plant is on about 450 acres of land.
“We have about 85 locations in Oklahoma that are invaded by kudzu,” Hickman said. “The largest area is probably about a 10-acre location.”
She said in many instances kudzu-rich areas are disturbed places with multiple rights of way, which can raise questions about whose job it is to prevent the crawling vine’s spread.
“Most of the landowners that are managing the land currently or leasing to someone with proper management, they know their land and they know where the thistles are, and they don't want thistle there either. Right? So they're going to act on it,” Hickman said.
If there is an overgrowth of these plants, neighboring landowners can submit a written complaint to the Oklahoma Department of Agriculture.
Property owners have different methods to manage the spiky pests. When there is an overgrowth of thistles, Hickman said it’s typically because of a change in ownership.
Every state has a noxious weed statue and some states like Kansas have a noxious weed control program. Hickman said compared to the rest of the nation, Oklahoma has the fewest number of plants listed and this would be the first time plants are added.
“Given that we have talked about adding species to the list for a long time, I do find that significant. Absolutely,” Hickman said. “Is this the end of the story? I hope not.”
Rep. Kenton Patzkowsky (R-Balko), Rep. Chad Caldwell (R- Enid) and Sen. Grant Green (R-Wellston) authored the bill.
“I think the spirit of this thing is to start to control and try to control – whatever that method may be,’ Green said.
Oklahoma State University extension agents or the department of agriculture can help landowners evaluate and create a plan to get rid of noxious weeds. Failure to control the thistles under the law’s standard can result in a $1,000 fine for each violation per day.
During the committee hearing, lawmakers asked questions about property rights, what precautions should be taken, how many penalties are assessed and state-owned land like roadsides.
Green said when the department of agriculture inspects the land from a written complaint, the issue is usually resolved before the penalty phase.
The bill passed the House of Representatives 86-3. It advanced from the Senate Agriculture and Rural Affairs Committee earlier this week in a 7-1 vote and is on its way to the full Senate.
If the poison hemlock and kudzu are added to Oklahoma’s noxious weeds list, the Department of Agriculture estimates it will cost the agency $48,000 for one part-time employee, according to the bill’s fiscal analysis.
