Volume 45 - Issue 5 - January 29, 2026
State of Kansas
Department of Agriculture
Notice of Hearing on Proposed Administrative Regulations
A public hearing will be conducted at 1:00 p.m. April 7, 2026, in the 1st floor meeting room 124 of the Kansas Department of Agriculture, 1320 Research Park Dr., Manhattan, Kansas, to consider the adoption of the proposed regulations. The public hearing will be conducted in person and via video conferencing system. Members of the public who wish to attend the public hearing virtually must pre-register at https://kansasag.zoom.us/j/87390624852?pwd=ab8KmR9F4qDoTmZRe57cyrwbiD5aKc.1&jst=1.
After registering, you will receive a confirmation email containing information about joining the meeting.
This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments regarding the proposed regulations. All interested parties may submit written comments prior to the hearing by mail or email to Kansas Department of Agriculture, Attn: Ronda Hutton, 1320 Research Park Dr., Manhattan, KS 66502, or ronda.hutton@ks.gov. Comments may also be made via the Kansas Department of Agriculture’s website at https://www.agriculture.ks.gov/public-resources/public-comments.
All interested parties will also be given a reasonable opportunity to orally present their views regarding the adoption of the proposed regulations during the hearing. To give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. These regulations are proposed for adoption on a permanent basis.
A summary of each proposed regulation, their economic impact, and their environmental benefit follows:
K.A.R. 4-8-27 has been amended to consolidate all control methods for the Noxious Weed Act into one regulation to enhance clarity and ease of reference for stakeholders.
K.A.R. 4-8-28 through K.A.R. 4-8-37 and K.A.R. 4-8-40 are proposed for revocation because all control methods are now consolidated into K.A.R. 4-8-27 rather than spread across multiple regulations.
K.A.R. 4-8-44 is the designation list of noxious weeds. It is amended to remove pignut and add spotted knapweed and diffuse knapweed to Category A noxious weeds. It also adds Canada thistle, common teasel and cutleaf teasel to Category B noxious weeds and Amur honeysuckle to Category C noxious weeds.
The proposed regulations are not mandated by federal law, nor do they exceed the requirements of any federal law because there are no federal programs available.
Some businesses, local county governments and private landowners will be affected if they own or manage large parcels of land in the eastern and central portions of the state since they will be required to control the proposed new noxious weeds.
The removal of noxious and invasive weed infestations from real property has been shown to greatly increase the ecological value of the land through increased biodiversity, habitat availability and decreased competition for resources and allowing native and desirable species to flourish. The economic benefits are reflected in increased property values as well as increased yield for crops. Not all landowners will bear the cost, and prudent landowners will already be engaged in noxious weed management. Landowners may also benefit from participating in the pesticide cost-share program in their county to help manage noxious weeds.
Individual landowners may be impacted by costs associated with the purchase of herbicides or professional pest control companies to manage noxious weeds on private property. Small employers and the public are unlikely to be affected, unless they own or supervise land infested with the proposed noxious weeds. Effective weed management is expected to provide economic benefits to the public and landowners, such as increased crop and grass yield, reducing long-term management costs after weed populations are controlled or eradicated, and increased property values of land previously degraded by noxious weed infestation.
Most of the implementation and compliance costs will affect local county governments and private landowners. The extent of some noxious weed infestations is difficult to calculate. An estimation of existing infestations was made by determining the extent of the species known habitats. Common teasel and cutleaf teasel primarily infest highway rights-of-way, with approximately 10% of major roadway rights-of-way in affected counties known to be infested, which equates to around 12,841 acres for each species, based on data provided by the Kansas Department of Transportation. Amur honeysuckle, widely planted as an ornamental shrub in residential yards, is predominantly found near metropolitan areas, but may also be found along streams and wooded rural areas. The current infestation for Amur honeysuckle was calculated to be 0.5% of the acreage of the metropolitan counties, or 42,131 acres. This data came from the Institute for Policy & Social Research at The University of Kansas. The infestation of spotted knapweed and diffuse knapweed is not as pervasive; however, it is a noxious weed that is at a stage where efforts could eradicate the species. The 60 acres of spotted knapweed is a known number determined by survey, and there have been no reports of diffuse knapweed in Kansas at this time.
Based on county weed departments in annual reports, it was estimated that 11% of the spotted knapweed, and 10% of the teasels and honeysuckle would be treated annually based on the weed category they are listed under. The cost per acre of control of all the proposed new noxious weeds was calculated using the cost of the herbicides available for controlling these weeds, and the rates of application provided by the labels of those herbicides. A 25% wholesale discount on pesticides was included as that is commonly offered to counties by the chemical distributors. The costs of controlling each proposed new noxious weed species vary due to the various types of herbicide prices and control methods, which can be tailored to the specific needs and budgets of counties or landowners.
To minimize the cost and impact of the proposed regulations, Amur honeysuckle was proposed as a Category B noxious weed, which requires more intensive containment efforts. Following feedback from the counties regarding the practical challenges of managing Amur honeysuckle, the Kansas Department of Agriculture (KDA) revised its initial proposal and downgraded Amur honeysuckle to Category C, which imposes less stringent management and containment requirements. This adjustment reduces the regulatory and financial burden on counties and landowners. Further, KDA provides a range of options in control methods for managing designated species. These options include mechanical, chemical, and biological control methods. This enables counties and private landowners to select methods that align with their budgetary constraints, equipment availability, and environmental considerations. This flexibility minimizes compliance costs by allowing stakeholders to choose cost-effective methods suited to their specific circumstances.
An estimated total annual implementation and compliance costs reasonably expected to be incurred by or passed along to affected businesses, local governments, or individuals is $7,489.93. Because the cost of control and management of noxious weeds lies with the counties and landowners, there should be little to no changes in state revenues or expenditures.
The proposed regulations will increase the costs and impose additional responsibilities on the counties with added responsibilities for managing additional regulated plant species. KDA hosted a stakeholder meeting to discuss the proposed regulation changes on December 12, 2024. Many stakeholders were in attendance to provide their feedback, including weed management personnel from Butler, Douglas, Riley, Shawnee, and Sedgwick counties, as well as representatives from Kansas Farm Bureau, Kansas Farmers Union, The Nature Conservancy, Kansas Agribusiness Retailers Association, Audubon of Kansas, Kansas Association of Counties, and Kansas Department of Wildlife and Parks. On April 16, 2025, KDA sent letters to the League of Kansas Municipalities (LKM), Kansas Association of Counties (KAC), and the Kansas Association of School Boards (KASB) requesting input as to the economic impact of the proposed rules and regulations on those entities. KDA received a response from the KASB, informing KDA that the proposed regulations would not have any economic impact on KASB. KDA did not receive any response from LKM or KAC.
Any individual with a disability may request accommodation to participate in the public hearing and may request the proposed regulations, their economic impact statement, and their environmental benefit statement in an accessible format. Requests for accommodation should be made at least five business days in advance of the hearing by contacting Ronda Hutton, via telephone at 785-564-6715 or via fax at 785-564-6777. Handicapped parking and accessibility for individuals with disabilities is located on the west side of the building at 1320 Research Park Dr., Manhattan, Kansas.
Copies of the regulations, their economic impact statement, and their environmental benefit statement may be obtained by contacting the Department via mail at Kansas Department of Agriculture, Attn: Ronda Hutton, 1320 Research Park Dr., Manhattan, KS 66502, via telephone at 785-564-6715, or via the Department’s website at https://www.agriculture.ks.gov.
Michael M. Beam
Secretary
Kansas Department of Agriculture
Doc. No. 053830
