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1992 Washington Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagwa0102 and id is 1 raw text is: Ken Eikenberry Attorney General of Washington COUNTIES--WEED CONTROL BOARD--POLICE POWER--DEPARTMENT OF AGRICULTURE--Authority of counties to regulate noxious weeds without activating weed control boards 1. Chapter 17.10 RCW establishes weed control boards to regulate noxious weeds. RCW 17.10.040 sets out the procedure to activate a county noxious weed control board. When a weed control board has not been activated, a county can nevertheless regulate noxious weeds under the authority of chapter 17.10 RCW, but only when a weed control board has been ordered to activate by the director of the Department of Agriculture. A county may not continue without a weed control board for a second consecutive year. 2. Article 11, section 11 of the Washington Constitution grants counties broad police power related to the general welfare of the people. This authority must be consistent with laws enacted by the Legislature. The Legislature has enacted a comprehensive system to regulate noxious weeds. A county's exercise of authority to regulate noxious weeds under the police power would be inconsistent with this system. Therefore, a county may not regulate noxious weeds pursuant to its police power authority. February 25, 1992 The Honorable C. Alan Pettibone Director Washington State Department of Agriculture 406 General Administration Building Mail Stop: 2561 Cite as: Olympia, Washington 98504-2561 AGO 1992 No. 1 Dear Dr. Pettibone: By letter previously acknowledged, you have asked our opinion on the following paraphrased questions: Attorney General of Washington 7th Floor Highways Licenses Bldg PB 71 Olympia WA 98504 Phone: (206) 753-6220 I dr V1

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