wa-26-19-122: Noxious Weed Control Board — WSR 26-19-122

WSR 26-19-122 (26-19)WSR 26-19-122PROPOSED RULESNOXIOUS WEEDCONTROL BOARD[Filed September 22, 2026, 10:52 a.m.]Original Notice.Preproposal statement of inquiry was filed as WSR 26-14-048.Title of Rule and Other Identifying Information: Chapter 16-750 WAC, State noxious weed list and schedule of monetary penalties. The Washington state noxious weed control board (WSNWCB) is proposing to update scientific names and the state noxious weed list for 2027.Hearing Location(s): On November 3, 2026, at 1:00 p.m., at Wenatchee Valley Chamber of Commerce, 137 North Wenatchee Avenue, #101, Wenatchee, WA 98801; or virtually through Zoom at https://us02web.zoom.us/j/7061977054?omn=83095316203.Date of Intended Adoption: November 4, 2026.Submit Written Comments to: Mary Burrows, WSNWCB, P.O. Box 42560, Olympia, WA 98504-2560, email Mary.Burrows@agr.wa.gov or noxiousweeds@agr.wa.gov, fax 360-902-2053, by Monday, November 2, 2026.Assistance for Persons with Disabilities: Contact Mary Burrows, phone 360-561-4428, fax 360-902-2053, TTY 800-833-6388, email Mary.Burrows@agr.wa.gov, by Monday, November 2, 2026.Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The Washington state noxious weed list provides the basis for noxious weed control efforts for county noxious weed control boards and other entities. It also provides guidelines for the state noxious weed control board. This proposal updates the noxious weed list and language throughout chapter 16-750 WAC. The anticipated effects include having an effective and efficient noxious weed list and guidelines for the administration of WSNWCB.Updates to the noxious weed list:WAC 16-750-005 Class A noxious weed additions:• Australian water clover - Marsilea mutica.• Ice plant - Carpobrotus edulis.WAC 16-750-011 Class B noxious weed additions:• Cogongrass - Imperata cylindrica.• Yellow bush lupine - Lupinus arboreus.WAC 16-750-011 Class B noxious weed designation changes:• Hoary alyssum - Berteroa incana to be designated in Pend Oreille County.WAC 16-750-011 Class B noxious weed grouping:• Common reed - Phragmites australis: Update the listing for common reed to Phragmites australis ssp. australis, common reed (does not include native common reed, P. australis ssp. americanus).WAC 16-750-015 Class C noxious weed additions:• Purple foxglove - Digitalis purpurea.• Bird cherry - Prunus avium.• Cherry laurel - Prunus laurocerasus.• Bittersweet nightshade - Solanum dulcamara.WAC 16-750-015 Class C noxious weed grouping:• Ivies - Hedera helix and H. hibernica: Update the listing of Hedera helix, Hedera hibernica, and hybrids to not include wording on cultivars or varieties.WAC 16-750-015 Class C noxious weed scientific name change:• Yellow archangel - Lamiastrum galeobdolon: Update the scientific name for yellow archangel from Lamiastrum galeobdolon to Lamium galeobdolon.Reasons Supporting Proposal: Under RCW 17.10.080, WSNWCB is charged with updating the state noxious weed list on an annual basis to ensure it accurately reflects the noxious weed control priorities and noxious weed distribution. Under RCW 17.10.070, WSNWCB is charged with adopting, amending, or repealing rules, pursuant to the Administrative Procedure Act, chapter 34.05 RCW, as may be necessary to carry out the duties and authorities assigned to the board by this chapter.Statutory Authority for Adoption: RCW 17.10.070 and 17.10.080.Statute Being Implemented: Chapter 17.10 RCW.Rule is not necessitated by federal law, federal or state court decision.Name of Proponent: WSNWCB, governmental.Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Mary Burrows, 1111 Washington Street S.E., Olympia, WA 98501, 360-561-4428.A school district fiscal impact statement is not required under RCW 28A.305.135.A cost-benefit analysis is not required under RCW 34.05.328. WSNWCB is not one of the agencies listed in this section.This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.Scope of exemption for rule proposal:Is partially exempt:Explanation of partial exemptions:  Proposed WAC Sections and TitleThis proposed rule section is not exempt.Analysis is required.This proposed rule section is exempt.Provide RCW to support this exemption.1.WAC 16-750-005 State noxious weed list—Class A noxious weeds.Not exempt 2.WAC 16-750-011 State noxious weed list—Class B noxious weeds.Not exempt 3.WAC 16-750-015 State noxious weed list—Class C noxious weeds.Not exempt 4.WAC 16-750-015 State noxious weed list—Class C noxious weeds.ExemptRCW 34.05.310 (4)(d), correct or clarify language, specifically the yellow archangel update.The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Approximately 130 businesses responded to an online survey emailed to licensed nurseries and wholesale companies.Australian water clover: Zero businesses (0 percent) reported selling class A proposed Australian water clover, Marsilea mutica. Two businesses (1.55 percent) were not sure and 127 (98.45 percent) reported not selling Australian water clover at all.Yellow bush lupine: One (.81 percent) business reported selling class B proposed addition yellow bush lupine, Lupinus orboreus. One business indicated the listing would have an impact on their business due to loss of sales, revenue, or jobs but did not provide any information about loss or job reduction. Three (2.46 percent) businesses were not sure if they sold it, and 120 (96.77 percent) reported not selling yellow bush lupine. One comment indicated that this species is popular in wedding designs. One business indicated that they sell comparable species.Common reed: Four businesses (2.35 percent) reported selling class C proposed addition European, American, and hybrid beach grasses, Ammophila arenaria, A. breviligulata, and A. arenaria x A. breviligulata, but only one indicated the listing would have some impact on their business due to loss of sales, revenue, or jobs; however, they did not specify an amount. Additionally, four businesses indicated that they do sell one or more comparable species. Four (2.35 percent) businesses were unsure if they sold the proposed beach grasses and 163 (95.32 percent) do not sell these species.Hoary alyssum: The proposed designation change in Pend Oreille County would require the control of hoary alyssum in Pend Oreille County. Zero (0 percent) of the businesses reported selling or having hoary alyssum on their land. Two (1.6 percent) were not sure and 123 (98.4 percent) reported not selling or having hoary alyssum. If a business has a class A or class B designated noxious weed, which is limited in distribution, it may control the plant itself. The business would then incur minor costs associated with control efforts; i.e., a shovel, possible herbicide, and/or herbicide sprayer, which would total less than $100. Over the county, herbicides are available and will control most noxious weed species. While some businesses may choose to engage in professional services, it is the expectation that noxious weed species can be controlled by lower cost alternatives. Additionally, some county noxious weed control boards offer cost assistance for class A noxious weed control and/or class B designates.Bittersweet nightshade: Seven businesses (5.79 percent) reported selling class C proposed addition of bittersweet nightshade, Solanum dulcamara, but zero indicated the listing would have some impact on their business due to loss of sales, revenue, or jobs; however, they did not specify an amount. Additionally, two businesses indicated that they do sell one or more comparable species. Six (4.96 percent) businesses were unsure if they sold the proposed bittersweet nightshade and 108 (89.26 percent) do not sell this species.Additionally, 92.62 percent of the businesses indicated that they are considered a small business as defined by RCW 19.85.020 and 1.64 percent were not sure. 5.74 percent indicated they were not a small business.This rule would require the control of class A noxious weed species. The proposed class A addition Australian water clover, Marsilea mutica, will help protect areas from becoming infested and require control of limited infestations. This classification will require control of known infestations and protect areas from being infested.The proposed class B addition of yellow bush lupine and class C bittersweed nightshade will also help protect areas from becoming infested. Class C noxious weed species are not designated for required control at the state level.Common reed is already listed as class B. The update will include all P. australis spp. australis.An analysis of the direct economic effects of the proposed rule amendments pertaining to Australian water clover, yellow bush lupine, common reed, hoary alyssum, and bittersweet nightshade indicates that costs to businesses would be negligible or none at all. The addition of Australian water clover will require control throughout Washington state, but is very limited in distribution. The new class B addition, yellow bush lupine, will require control where designated, but is very limited in distribution and the main intent is to allow for conservation in coastal areas. The class C noxious weed proposed addition of bittersweet nightshade will not require control by the state. Businesses should not be faced with more-than-minor costs to control those noxious weeds. Limited distribution is typically defined as less than 100 infested acres within a county.Based upon the above analysis, WSNWCB concludes that direct minor costs, if any, imposed would affect less than 10 percent of businesses and would not exceed $100 in cost to comply as a direct result of these proposed rule-making changes for the species listed in this section. Nor would any of these amendments to the noxious weed list directly cause the creation of or loss of any jobs. WSNWCB concludes that businesses will not be disproportionately impacted, nor would the proposed rule changes in this section impose more than a minor cost on businesses in an industry.The imposed rule does impose more-than-minor costs on businesses.Small Business Economic Impact Statement (SBEIS)SBEIS REQUIRED: Cogongrass, purple foxglove, bird cherry, cherry laurel, ivy, Hedura [Hedera] species, and ice plant.Businesses have indicated that the rule changes pertaining to cogongrass, purple foxglove, bird cherry, cherry laurel, and ivy Hedura [Hedera] species may cause more-than-minor costs on a business in an industry. WSNWCB voted to include ice plant, without survey results, in the proposed changes for the November hearing due to its invasiveness and threat to Washington state's native lands. Therefore, an SBEIS is required for these changes.SECTION 1:Describe the proposed rule: Chapter 17.24 RCW mandates "a strong system" to protect the forest, agricultural, horticultural, floricultural, and apiary industries of the state from the impact of insect pests, plant pathogens, noxious weeds, and bee pests and infestations. WSNWCB is charged with updating the state noxious weed list annually per RCW 17.10.080. Noxious weeds and invasive species adversely affect Washington's agriculture, natural and human resources, and wildlife habitats, both terrestrial and aquatic. Eradication and control of noxious and invasive weed species limits economic loss and minimizes negative impacts to both businesses and the landscape protecting the forest, agricultural, horticultural, floricultural, and apiary industries of the state from noxious and invasive weed invasions.The Washington state noxious weed list provides the basis for noxious weed control efforts for county noxious weed control boards and other entities. It also provides guidelines for the state noxious weed control board. This proposal makes a few amendments to WAC 16-750-005, 16-750-011, and 16-750-015. Specifically, WSNWCB is proposing:WAC 16-750-005 Class A noxious weed additions:• Ice plant - Carpobrotus edulis.• Australian water clover - Marsilea mutica.WAC 16-750-011 Class B noxious weed additions:• Cogongrass - Imperata cylindrica.• Yellow bush lupine - Lupinus arboreus.WAC 16-750-011 Class B noxious weed designation changes:• Hoary alyssum - Berteroa incana to be designated in Pend Oreille County.WAC 16-750-011 Class B noxious weed grouping:• Common reed - Phragmites australis: Update the listing for common reed to Phragmites australis ssp. australis, common reed (does not include native common reed, P. australis ssp. americanus).WAC 16-750-015 Class C noxious weed additions:• Purple foxglove - Digitalis purpurea.• Bird cherry - Prunus avium.• Cherry laurel - Prunus laurocerasus.• Bittersweet nightshade - Solanum dulcamara.WAC 16-750-015 Class C noxious weed grouping:• Ivies - Hedera helix and H. hibernica: Update the listing of Hedera helix, Hedera hibernica, and hybrids to not include wording on cultivars or varieties.WAC 16-750-015 Class C noxious weed scientific name change:• Yellow archangel - Lamiastrum galeobdolon: Update the scientific name for yellow archangel from Lamiastrum galeobdolon to Lamium galeobdolon.A brief description of the probable compliance requirements and the kinds of professional services that a small business is likely to need to comply with the proposed rule: If a business owns land that contains newly listed class A noxious weeds, it will be required to control that infestation. Both the proposed class A additions are in very limited distribution if at all in Washington state. The proposed addition of these two species is intended to protect Washington's agricultural lands, wilderness, and ecosystems from future infestations. This listing allows for early detection and rapid response if plants are found. Many county noxious weed control boards have programs to assist landowners with class A infestation eradication and control.The two class B additions are intended to protect Washington state lands from further negative impacts from these invasive species. Landowners may be required to control infestations on their lands; however, distribution is very limited throughout Washington state.The designation change of hoary alyssum is intended to control, slow the spread, and help contain any known infestations of hoary alyssum. Landowners may be required to control infestations on their lands. They can contract with professionals or control the plants themselves.The four class C changes do not themselves require control by landowners. County noxious weed control boards would have the option of selecting each for mandatory control. The general intent for these listings is to make resources available through grant processes and to adhere to rules and regulations regarding volunteer control of noxious weed species.SECTION 2:Identify which businesses must comply with the proposed rule using the North American Industry Classification System (NAICS) codes and the minor cost thresholds: The businesses listed in this table may have the potential to grow and/or sell the proposed species to be added to the noxious weed list.NAICS Code(4, 5, or 6 Digits)NAICS Business Industry DescriptionNumber of Impacted Businesses That Operate in Washington State(if known).Minor Cost Threshold=.3 percent of Average Annual Receipts$100(This can be the default minor-cost used if data is unavailable.)Minor Cost Threshold =This Column Calculates Automatically (0.01 * Average Pay)Cost of Business That is Less Than $50 of Annual Cost Per Client or Other Appropriate Units of ServiceDSHS rules only.111000Other Crop ProductionUnknownUnknown$100UnknownUnknown444220Nursery, Garden Center, and Farm Supply StoresUnknown$3,612.25Dataset pulled from the employment security department (ESD)$100$4,675.202021 Dataset pulled from ESDUnknown111421Nursery and Tree ProductionUnknown$2,588.86Dataset pulled from ESD$100$5,322.572021 Dataset pulled from ESDUnknown444240Nursery and Garden CentersUnknownUnknown$100UnknownUnknown424930Nursery Stock Merchant WholesalersUnknown$8,109.702021 Dataset pulled from ESD$100$4,086.452021 Dataset pulled from ESDUnknownAdditionally, any business that owns lands with an infestation of any of the proposed species to be added to the 2027 noxious weed list must comply with the proposed rule.SECTION 3:Analyze the probable cost of compliance: There will be no increase in licensing, inspections, or other fees for the proposed listings. If a business owns land that contains newly listed class A or B noxious weeds, it may control the plant itself. Such a business would incur minor costs associated with control efforts; i.e., a shovel, possible herbicide, and/or herbicide sprayer, which would total less than $100. Over-the-counter herbicides are readily available, relatively inexpensive, and will control most noxious weed species. Most land-owning businesses have established vegetation management or landscaping plans and practices. The additional costs for staff hours for weed control related to the proposed changes to the noxious weed list are expected to be minor. There are over-the-counter herbicides available for noxious weed control. However, if a business chooses to use an optional regulated herbicide, then they will be required to retain an application record consistent with laws governing use of such regulated herbicides. The application record is the responsibility of the person applying the herbicide. While some land-owning businesses may choose to engage in professional services to control newly added/designated noxious weeds, it is the expectation that businesses will choose the more cost-effective option of controlling the weeds themselves. Additionally, many county noxious weed control boards have programs to assist landowners with class A infestation eradication and control.Because so many noxious weeds are former or present ornamental species, the horticultural industry has the potential to be impacted by additions of new noxious weed species, as their noxious weed status could reduce demand by consumers. However, it is unlikely that these changes will directly cause these businesses to lose sales, revenue, or jobs.The noxious weed list is separate from the Washington state department of agriculture (WSDA) quarantine list (chapter 16-752 WAC), which prohibits the sale and transport of particular species, thus these potential noxious weed changes would not directly prohibit the sales of these plants. To help assess whether there could be an indirect economic impact to nurseries and businesses, WSNWCB developed a survey through SurveyMonkey (https://www.surveymonkey.com/r/JVHFCQ6.) A summary of the proposed changes to the 2027 noxious weed list, along with a link to the online survey, were emailed on August 17, 2026, to approximately 7,300 nurseries and wholesalers that had provided emails when applying for their WSDA nursery licenses. A total of 130 electronic responses from nurseries and businesses were received.Survey Results:Cogongrass: Seven (5.56 percent) of the businesses reported selling class B proposed addition cogongrass, Imperata cylindrica. Three businesses indicated the listing could have an impact on their business due to loss of sales, revenue, or jobs. One (.79 percent) business was not sure and 118 (93.65 percent) reported not selling cogongrass. Two businesses offered the following comments: 1. Loss of $7,176 annually; 2. we sell a little. Two businesses also indicated that they sell one or more comparable species.Purple foxglove: Forty four (34.92 percent) of the businesses reported selling class C proposed addition purple foxglove, Digitalis purpurea. Nine businesses indicated the listing could have an impact on their business due to loss of sales, revenue, or jobs. Two (1.5 percent) businesses were not sure and 80 (63.49 percent) reported not selling purple foxglove. Two businesses also indicated that they sell one or more comparable species. Comments were received as follows: 1. $1,936 in loss; 2. it grows wild; 3. I would not sell it; 4. $500 in lost revenue annually; 5. $975 in loss; 6. please ban foxglove, it takes a ton of effort to remove it; 7. $2,000 or so in loss; 8. no sales loss, but high dollar impact if required for control; 9. $800 to $1,000 in loss; 10. $5,000 in loss.Bird cherry: Four (3.25 percent) of the businesses reported selling class C proposed addition bird cherry, Prunus avium. Two businesses indicated the listing could have an impact on their business due to loss of sales, revenue, or jobs. Three (2.44 percent) businesses were not sure and 116 (94.31 percent) reported not selling bird cherry. Three businesses also indicated that they sell one or more comparable species. Businesses offered the following comments: 1. Loss of $2,000 to $5,000 annually; 2. this species shows up on my land and I remove it. I don't grow invasive species, and I hope you ban every single one and every nursery carrying them learns to be responsible; 3. we sell several varieties of Prunus avium, Bing, Rainier, and grafted combos. Approx. $2,600 in sales last year.Cherry laurel: Twenty one (17.07 percent) of the businesses reported selling class C proposed addition cherry laurel, Prunus laurocerasus. Eight businesses indicated the listing could have an impact on their business due to loss of sales, revenue, or jobs. Six (4.88 percent) businesses were not sure and 96 (78.05 percent) reported not selling cherry laurel. Twelve businesses also indicated that they sell one or more comparable species. Businesses offered the following comments: 1. Loss of $100,000 annually; 2. loss of $40,000 annually; 3. de minimis; 4. please, please ban P. laurocerasus and P. lusitanica. These are invasive in the area around me. I estimate banning this would save my customers a lot of money in having to have it removed later! There are plenty of native and noninvasive alternatives like P. ilicifolia and wax myrtle; 5. varies a lot, its eaten by the deer so we keep a little, special order if client insists on it; 6. loss of $5,000; 7. loss of $5,000; 8. loss of $80,000; 9. loss of $370,000 and three to five jobs.Ivy, Hedura [Hedera] species: Currently, only Hedera helix "Baltica," "Pittsburgh," and "Star" and Hedera hibernica "Hibernica" are listed as a class C noxious weeds. The proposed change would include all cultivars. Twenty one (17.07 percent) of the businesses reported selling class C proposed change ivies, Hedura species. Four businesses indicated the listing could have an impact on their business due to loss of sales, revenue, or jobs. Two (1.63 percent) businesses were not sure if they sold it, and 100 (81.3 percent) reported not selling ivies. Eight businesses also indicated that they sell one or more comparable species. Businesses offered the following comments: 1. PLEASE ban Hedera. Long overdue!; 2. too early to predict; 3. depends on cost of remediation and if we would be shut down for having it on our property until remediation is completed. That could cause us to close entirely; 4. $1,000 in loss.Ice plant: No data was collected from the SBEIS business survey for ice plant. Therefore, it is assumed that there could be potential for a more-than-minor cost impact on small businesses.SECTION 4:Analyze whether the proposed rule may impose more-than-minor costs on businesses in the industry: There should be very little cost associated with the compliance of the proposed rule changes. The noxious weed list does not regulate the sale of plant species; therefore, loss of revenue from sales should not be affected by the addition of species or change in designation of species on the noxious weed list. However, businesses did report potential loss of sales, revenue, or jobs associated with the proposed rule changes. Please see the comments in section 3.SECTION 5:Determine whether the proposed rule may have a disproportionate impact on small businesses as compared to the 10 percent of businesses that are the largest businesses required to comply with the proposed rule.Also, consider, based on input received, whether compliance with the rule will cause businesses to lose sales or revenue: Overall, there is insufficient data to calculate the disproportionate impacts to small businesses. Thus, for purposes of this SBEIS, we assume there will be disproportionate impacts. However, excluding the possibility that landowners may incur some control costs only if they have a class A or B designated species, the proposed rule changes will not result in any costs to comply.SECTION 6:If the proposed rule is likely to impose a disproportionate impact on small businesses, identify the steps taken to reduce the costs of the rule on small businesses.If the impacts cannot be reduced, provide a clear explanation of why.Under RCW 19.85.030(2), each agency must consider, without limitation, each of the following methods of reducing the impact of the proposed rule on small businesses: Cogongrass, proposed class B; purple foxglove, proposed class C; bird cherry, proposed class C; cherry laurel, proposed class C; ivy, Hedura [Hedera] species, already listed as a class C and on the quarantine list, which prohibits the sale or transportation of this species; and ice plant.SubsectionMethodAgency response(a)Reducing, modifying, or eliminating substantive regulatory requirementsAny additional reduction, modification, or elimination of the regulatory requirements of the proposed rules could increase the risks of spread of noxious weeds.(b)Simplifying, reducing, or eliminating recordkeeping and reporting requirementsThe class A and B listings may have implications for recordkeeping only if herbicide is used; however, the proposed rule itself does not have any recordkeeping or reporting requirements.(c)Reducing the frequency of inspectionsThe rule does not contain mandate any regulatory inspections.(d)Delaying compliance timetablesDelaying compliance timetables is not a viable mitigation measure. A delay in listings will result in a higher risk of spread for the noxious weeds considered.(e)Reducing or modifying fine schedules for noncomplianceFines for failing to comply with notice of violations are set and unchanged in chapter 16-750 WAC. The proposed class As are very limited in distribution if at all in Washington state. County programs often offer resources to help eradicate class A species. Additionally, WSNWCB offers grant funding to counties for control of class A and B high priority species.(f)Any other mitigation techniques, including those suggested by small businesses or small business advocatesEducation and outreach about identification and integrated control methods is and will be offered for proposed changes.SECTION 7:Describe how small businesses were involved in the development of the proposed rule.Stakeholder contact events:Date(s)ActivityHow were small businesses notified and involved in the development of the proposed rule? (News release, public meeting, survey etc.)May 13, 2026June 25, 2026July 9, 2026July 22, 2026August 5, 2026Noxious weed committee meetings.August 17, 2026Survey sent out to nurseries and others to gather information about economic impacts.September 10, 2026WSNWCB regular September meeting; received and reviewed written comments pertaining to proposed changes before voting to move proposals forward to the open public hearing in November.The noxious weed committee is an advisory committee comprised of a variety of scientific experts, people who work in the natural resources fields, and others. The committee is tasked with gathering information and evaluating proposals, after which they make recommendations to WSNWCB.WSNWCB has taken into consideration letters from individuals received as well as the comments from the survey pertaining to the perceived cost and impacts on businesses. WSNWCB will consider written and verbal testimony at the November 3rd open public hearing regarding the 2027 proposed noxious weed list changes before making any final decisions.SECTION 8:Identify the estimated number of jobs that will be created or lost as the result of compliance with the proposed rule: One business reported the loss of three to five jobs for this proposed listing of cherry laurel. This would not be due to compliance. Cherry laurel is being proposed as a class C which has no sales restrictions or state mandated control requirements.SECTION 9:Summarize the results of the analysis, including the determination if costs are disproportionate: Few, if any, small businesses will be directly impacted by these proposed changes to the 2027 noxious weed list.The intended impacts of these changes are to protect Washington state's agriculture, ecosystems, and natural areas from the devastating negative impacts of these invasive species. Several businesses indicated that there was potential for costs associated with these changes listed below.Cogongrass: One business reported a potential loss of $7,176 annually from cogongrass. Two businesses reported selling comparable species. Less than six percent reported being potentially impacted by this change.Purple foxglove: Six businesses reported potential losses ranging from $500 to $5,000 from potential loss of sales. Two businesses reported selling comparable species.Bird cherry: Two businesses reported a potential loss of $2,000 to $5,000 annually. Two businesses reported selling comparable species. Less than 3.25 percent reported being potentially impacted by this change. Three businesses reported carrying comparable species.Cherry laurel: Six businesses reported potential losses ranging from $5,000 to $370,000, with 12 businesses reporting that they sell comparable species.Ivy: One business reported a $1,000 loss. However, ivy is on the quarantine list and sales are regulated.Ice plant: No data at this time.In conclusion, the costs are not disproportionate.A copy of the detailed cost calculations may be obtained by contacting Mary Burrows, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-561-4428, fax 360-902-2094, TTY 800-833-6388, email Mary.Burrows@agr.wa.gov.September 21, 2026Mary BurrowsExecutive SecretaryRDS-7457.1AMENDATORY SECTION(Amending WSR 26-08-059, filed 3/27/26, effective 4/27/26)WAC 16-750-005State noxious weed list—Class A noxious weeds.Common NameScientific NameAustralian water cloverMarsilea muticabroom, FrenchGenista monspessulanabroom, SpanishSpartium junceumcommon crupinaCrupina vulgariscordgrass, ((common))nonnative Spartina Sp.Spartina alternifora, Spartina anglica, Spartina densiflora, Spartina patens((cordgrass, dense-floweredSpartina densifloracordgrass, salt meadowSpartina patenscordgrass, smoothSpartina alterniflora))delta arrowheadSagittaria platyphylladyer's woadIsatis tinctoriaeggleaf spurgeEuphorbia oblongatafalse bromeBrachypodium sylvaticumfloating primrose-willowLudwigia peploidesflowering rushButomus umbellatusgarlic mustardAlliaria petiolatagiant hogweedHeracleum mantegazzianumgoatsrueGalega officinalishydrillaHydrilla verticillataice plantCarpobrotus edulisJohnsongrassSorghum halepenseknapweed, bigheadCentaurea macrocephalaknapweed, VochinCentaurea nigrescenskudzuPueraria montana var. lobatameadow clarySalvia pratensisoriental clematisClematis orientalisPalmer amaranthAmaranthus palmeripurple starthistleCentaurea calcitrapareed sweetgrassGlyceria maximaricefield bulrushSchoenoplectus mucronatusround leaf bittersweetCelastrus orbiculatussage, clarySalvia sclareasage, MediterraneanSalvia aethiopissilverleaf nightshadeSolanum elaeagnifoliumsmall-flowered jewelweedImpatiens parvifloraSouth American spongeplantLimnobium laevigatumsunflower broomrapeOrobanche cumanaSyrian bean-caperZygophyllum fabagoTexas blueweedHelianthus ciliaristhistle, ItalianCarduus pycnocephalusthistle, marshCirsium palustrethistle, milkSilybum marianumthistle, slenderflowerCarduus tenuiflorusthistle, TurkishCarduus cinereusvariable-leaf milfoil and hybridsMyriophyllum heterophyllumMyriophyllumheterophyllum xMyriophyllum hippuroideswaterhempAmaranthus tuberculatuswild four o'clockMirabilis nyctagineaAMENDATORY SECTION(Amending WSR 24-23-085, filed 11/19/24, effective 1/1/25)WAC 16-750-011State noxious weed list—Class B noxious weeds. Name Will be a "Class B designate" in alllands lying within:(1)blueweed, Echium vulgare(a)regions 1, 2, 3, 4, 6  (b)region 5, except Spokane County(2)Brazilian elodea, Egeria densa(a)region 1, except Grays Harbor County(b)region 2, except Kitsap County and Green Lake in King County  (c)King County of region 2, except lakes Dolloff, Fenwick, Union, Washington, and Sammamish, and the Sammamish River  (d)region 3, except Wahkiakum County  (e)regions 4, 5, and 6(3)bugloss, annual, Lycopsis arvensis(a)regions 1, 2, 3, 4, and 6(b)region 5, except Spokane County (4)bugloss, common, Anchusa officinalis(a)regions 1, 2, 3, and 6(b)All of region 4 except those areas lying within the Entiat River Valley between the Columbia River confluence and Stormy Creek in Chelan County  (c)region 5, except Spokane County(5)butterfly bush, Buddleja davidii(a)Grays Harbor County of region 1  (b)San Juan County of region 2  (c)Cowlitz County of region 3(6)camelthorn, Alhagi maurorum(a)regions 1, 2, 3, 4, 5, and 6(7)cogongrass, Imperata cylindrica(a)regions 1, 2, 3, 4, 5, and 6(8)common fennel, Foeniculum vulgare (except bulbing fennel, F. vulgare var. azoricum)(a)region 1, except Jefferson County (b)region 2, except King and Skagit counties  (c)region 3, except Clark County  (d)regions 4, 5, and 6(((8)))(9)common reed, Phragmites australis ssp. australis (nonnative genotypes only)(a)regions 1, 2, 3, and 4(b)region 5, except Grant County(c)Asotin, Columbia, and Garfield counties of region 6(((9)))(10)common tansy, Tanacetum vulgare(a)Clallam County of region 1(b)Kitsap and San Juan counties of region 2  (c)Cowlitz County of region 3  (d)Adams and Lincoln counties of region 5(((10)))(11)Dalmatian toadflax, Linaria dalmatica ssp. dalmatica(a)regions 1, 2, and 3(b)Adams, Kittitas, and Lincoln counties of region 5  (c)Benton, Franklin, and Walla Walla counties of region 6(((11)))(12)Eurasian watermilfoil, Myriophyllum spicatum(a)region 1, except Pacific County(b)Island, Kitsap, and San Juan counties of region 2  (c)Clark and Cowlitz counties of region 3  (d)Chelan and Okanogan counties, and all lakes with public boat launches except Fan Lake in Pend Oreille County of region 4  (e)Adams, Kittitas, Lincoln, and Whitman counties of region 5  (f)Asotin, Columbia, and Garfield counties of region 6(((12)))(13)European coltsfoot, Tussilago farfara(a)regions 1, 2, 3, 4, 5, and 6(((13)))(14)fanwort, Cabomba caroliniana(a)regions 1, 2, 4, 5, and 6(b)region 3, except Cowlitz County(((14)))(15_gorse, Ulex europaeus(a)region 1, except Grays Harbor and Pacific counties  (b)regions 2, 3, 4, 5, 6(((15)))(16)grass-leaved arrowhead, Sagittaria graminea(a)region 1(b)region 2, except Snohomish County  (c)regions 3, 4, 5, and 6(((16)))(17)hairy willow-herb, Epilobium hirsutum(a)regions 1, 3, and 4(b)region 2, except Thurston and Whatcom counties  (c)region 5, except Klickitat County  (d)region 6, except Benton and Franklin counties(((17)))(18)hanging sedge, Carex pendula, Carex pendula subsp. pendula and Carex pendula subsp. agastachys(a)regions 1, 3, 4, 5, and 6(b)region 2, except for King County(((18)))(19)hawkweed oxtongue, Picris hieracioides(a)regions 1, 2, 4, 5, and 6(b)region 3, except Skamania County(((19)))(20)hawkweed, orange, Hieracium aurantiacum(a)regions 1, 3, and 6(b)region 2, except Whatcom County  (c)region 4, except Pend Oreille and Stevens counties  (d)region 5, except Kittitas and Spokane counties(((20)))(21)hawkweeds: All nonnative species and hybrids of the Meadow subgenus (Pilosella), including, but not limited to, mouseear (Hieracium pilosella), pale (H. lactucella), queen-devil (H. glomeratum), tall (H. piloselloides), whiplash (H. flagellare), yellow (H. caespitosum), and yellow-devil (H. x floribundum)(a)region 1 (b)region 2, except Thurston County  (c)region 3, except Cowlitz County (d)region 4, except Pend Oreille and Stevens counties  (e)region 5, except Klickitat and Spokane counties  (f)region 6(((21)))(22)hawkweeds: All nonnative species and hybrids of the Wall subgenus (Hieracium), including, but not limited to, common (Hieracium lachenalii), European (H. sabaudum), polar (H. atratum), smooth (H. laevigatum), spotted (H. maculatum), and wall (H. murorum)(a)regions 1, 3, 5, and 6 (b)region 2, except King, Skagit, Snohomish, and Whatcom counties (c)region 4, except Stevens County(((22)))(23)herb-Robert, Geranium robertianum(a)regions 4, 5, and 6(((23)))(24)hoary alyssum, Berteroa incana(a)regions 1, 2, 3, and 6(b)region 4, except Pend Oreille and Ferry counties  (c)region 5, except Klickitat County(((24)))(25)houndstongue, Cynoglossum officinale(a)regions 1, 2, and 3(b)Chelan and Douglas counties of region 4  (c)Yakima, Grant and Adams counties of region 5  (d)Benton and Franklin counties of region 6(((25)))(26)indigobush, Amorpha fruticosa(a)regions 1, 2, and 4(b)Lewis County of region 3  (c)region 5, except Klickitat County(((26)))(27)knapweed, black, Centaurea nigra(a)regions 1, 2, 3, 4, 5, and 6(((27)))(28)knapweed, brown, Centaurea jacea(a)regions 1, 2, 3, 4, 5, and 6(((28)))(29)knapweed, diffuse, Centaurea diffusa(a)region 1(b)region 2  (c)region 3, except Cowlitz County  (d)Adams County of region 5(((29)))(30)knapweed, meadow, Centaureax gerstlaueri(a)regions 1 and 4(b)region 2, except Whatcom County  (c)Thurston County of region 2, except below the ordinary high-water mark of the Nisqually River  (d)Lewis and Wahkiakum counties of region 3  (e)region 5, except Kittitas and Klickitat counties  (f)region 6, except Franklin and Walla Walla counties(((30)))(31)knapweed, Russian, Rhaponticum repens(a)regions 1, 2, and 3(b)Ferry and Pend Oreille counties of region 4  (c)Lincoln, Spokane, and Whitman counties of region 5  (d)Adams County of region 5, except for the area west of Highway 17 and north of Highway 26  (e)Asotin and Garfield counties of region 6(((31)))(32)knapweed, spotted, Centaurea stoebe(a)region 1, except Grays Harbor(b)region 2, except Whatcom County  (c)Clark, Lewis, and Wahkiakum counties of region 3  (d)Ferry and Douglas counties of region 4  (e)Adams, Grant and Yakima counties of region 5  (f)region 6, except Columbia and Walla Walla counties(((32)))(33)knotweed, Bohemian, Fallopia x bohemica(a)Island and San Juan counties of region 2(b)Skamania County of region 3  (c)region 4, 5, and 6(((33)))(34)knotweed, giant, Fallopia sachalinensis(a)region 2, except King, Pierce, and Snohomish counties(b)region 3, except Cowlitz and Lewis counties(c)regions 4, 5, and 6(((34)))(35)knotweed, Himalayan, Persicaria wallichii(a)region 1, except Pacific County(b)region 2, except King and Pierce counties  (c)region 3, except Wahkiakum County  (d)region 4, 5, and 6(((35)))(36)knotweed, Japanese, Fallopia japonica(a)Island, San Juan, and Whatcom counties of region 2(b)Skamania County of region 3  (c)region 4, except Okanogan County  (d)region 5, except Spokane County  (e)region 6(((36)))(37)kochia, Bassia scoparia(a)regions 1, 2, and 3(b)Stevens and Pend Oreille counties of region 4  (c)Adams County of region 5(((37)))(38)lesser celandine, Ficaria verna(a)region 1, 3, 4, 5, and 6  (b)region 2, except King and Whatcom counties(((38)))(39)loosestrife, garden, Lysimachia vulgaris(a)regions 1, 2, 3, 4, 5, 6(((39)))(40)loosestrife, purple, Lythrum salicaria(a)Clallam, Jefferson, and Mason counties of region 1(b)region 2, except Kitsap, Skagit, and Snohomish counties  (c)Clark, Lewis, and Skamania counties of region 3  (d)region 4, except Douglas County  (e)region 5, except Grant and Spokane counties  (f)region 6, except Asotin and Franklin counties(((40)))(41)loosestrife, wand, Lythrum virgatum(a)Clallam, Jefferson, and Mason counties of region 1(b)region 2, except Kitsap, Skagit, and Snohomish counties  (c)Clark, Lewis, and Skamania counties of region 3  (d)region 4, except Douglas County  (e)region 5, except Grant and Spokane counties  (f)region 6, except Asotin and Franklin counties(((41)))(42)Malta starthistle, Centaurea melitensis(a)regions 1, 2, and 3(b)region 4, except T36 R38 in the area contained within Hwy 395/Hwy 20, Pingston Creek Road, and Highland Loop Road in Stevens County  (c)region 5, except Klickitat and Whitman counties(((42)))(43)parrotfeather, Myriophyllum aquaticum(a)region 1, except Pacific County(b)regions 2, 4, 5, and 6  (c)Clark and Skamania counties of region 3(((43)))(44)perennial pepperweed, Lepidium latifolium(a)regions 1, 2, and 4(b)region 3, except Clark and Cowlitz counties  (c)Kittitas, Lincoln and Spokane counties of region 5  (d)Columbia and Garfield counties of region 6(((44)))(45)poison hemlock, Conium maculatum(a)Clallam, Mason, and Pacific counties of region 1(b)region 2, except King, Skagit, and Whatcom counties  (c)Clark and Skamania counties of region 3  (d)Chelan, Douglas, and Pend Oreille counties of region 4  (e)Grant, Kittitas and Lincoln counties of region 5(((45)))(46)policeman's helmet, Impatiens glandulifera(a)region 1, 3, 4, 5, and 6(b)region 2, except Thurston and Whatcom counties(((46)))(47)puncturevine, Tribulus terrestris(a)regions 1, 2, and 3(b)Ferry, Pend Oreille, and Stevens counties of region 4  (c)region 5, except Grant, Klickitat, and Yakima counties(((47)))(48)Ravenna grass, Tripidium ravennae(a)Cowlitz County of region 3(b)region 4  (c)region 5, except Yakima County  (d)region 6, except Benton County(((48)))(49)rough chervil, Chaerophyllum temulum(a)regions 1, 3, 4, 5, and 6(b)region 2, except for King County(((49)))(50)rush skeletonweed, Chondrilla juncea(a)regions 1, 2, and 3(b)region 4, except all areas of Stevens County south of Township 29  (c)Kittitas and Yakima counties of region 5, and Adams County, except those areas lying east of Sage Road, the western border of Range 36  (d)Asotin County of region 6(((50)))(51)saltcedar, Tamarix ramosissima (unless intentionally planted prior to 2004)(a)regions 1, 3, 4, 5, and 6(b)region 2, except King and Thurston counties(((51)))(52)Scotch broom, Cytisus scoparius(a)regions 4 and 6(b)region 5, except Klickitat County(((52)))(53)shiny geranium, Geranium lucidum(a)regions 1, 4, 5, and 6(b)region 2, except King, Snohomish, and Thurston counties, and east of the Narrows Bridge in Pierce County  (c)region 3, except Clark County(((53)))(54)spurge flax, Thymelaea passerina(a)region 4, except Okanogan County(b)regions 5 and 6(((54)))(55)spurge laurel, Daphne laureola(a)region 1, except Clallam and Jefferson counties(b)region 2, except King, Kitsap, and Pierce counties  (c)region 3  (d)regions 4, 5, and 6(((55)))(56)spurge, leafy, Euphorbia virgata(a)regions 1, 2, 3, and 4(b)region 5, except Spokane County  (c)region 6, except Columbia County(((56)))(57)spurge, myrtle, Euphorbia myrsinites(a)region 1, except Clallam and Jefferson counties(b)region 2, except King, Kitsap, Pierce, and Whatcom counties  (c)regions 3, 5, and 6  (d)region 4, except Okanogan County(((57)))(58)sulfur cinquefoil, Potentilla recta(a)region 1(b)region 2, except Pierce and Thurston counties  (c)region 3, except Lewis and Skamania counties  (d)Adams, Grant, Lincoln, and Whitman counties of region 5  (e)region 6, except Asotin County(((58)))(59)tansy ragwort, Jacobaea vulgaris(a)Island and San Juan counties of region 2(b)Clark and Wahkiakum counties of region 3  (c)regions 4, 5, and 6(((59)))(60)tree lupine, Lupinus arboreus(a)regions 1, 2, 3, 4, 5, and 6(61)thistle, musk, Carduus nutans(a)regions 1, 2, 3, and 6(b)region 4, except Douglas and Ferry counties  (c)region 5, except Kittitas County(((60)))(62)thistle, plumeless, Carduus acanthoides(a)regions 1, 2, 3, 5, 6(b)region 4, except those areas north of State Highway 20 in Stevens County(((61)))(63)thistle, Scotch, Onopordum acanthium(a)regions 1, 2, 3, and 4(b)region 5, except Spokane and Whitman counties(((62)))(64)velvetleaf, Abutilon theophrasti(a)regions 1, 2, 3, 4, and 6(b)region 5, except Yakima County(((63)))(65)water primrose, Ludwigia hexapetala(a)regions 1, 2, 3, 4, 5, and 6(((64)))(66)white bryony, Bryonia alba(a)regions 1, 2, 3, and 4(b)region 5, except Whitman County  (c)Benton and Garfield counties of region 6(((65)))(67)Wild basil/basil savory, Clinopodium vulgare(a)regions 1, 2, 4, 5, and 6(b)region 3, except for Skamania County(((66)))(68)wild chervil, Anthriscus sylvestris(a)regions 1, 3, 4, and 6(b)region 2, except Whatcom County  (c)region 5, except Whitman County(((67)))(69)yellow archangel, ((Lamiastrum))Lamium galeobdolon(a)Clallam County of region 1(b)Island, San Juan, Skagit, and Whatcom counties of region 2  (c)Cowlitz, Skamania, and Wahkiakum counties of region 3  (d)regions 4, 5, and 6(((68)))(70)yellow floating heart, Nymphoides peltata(a)regions 1, 2, 3, and 6(b)region 4, except Stevens County  (c)region 5, except Spokane County(((69)))(71)yellow nutsedge, Cyperus esculentus(a)regions 1 and 4(b)region 2, except Skagit and Thurston counties  (c)region 3, except Clark County  (d)region 5, except Klickitat and Yakima counties  (e)region 6, except Franklin and Walla Walla counties(((70)))(72)yellow starthistle, Centaurea solstitialis(a)regions 1, 2, and 3(b)region 4, except T36 R38 in the area contained within Hwy 395/Hwy 20, Pingston Creek Road, and Highland Loop Road in Stevens County  (c)region 5, except Klickitat, and Whitman countiesReviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.AMENDATORY SECTION(Amending WSR 25-24-076, filed 12/1/25, effective 1/1/26)WAC 16-750-015State noxious weed list—Class C noxious weeds.Common NameScientific Nameabsinth wormwoodArtemisia absinthiumAustrian fieldcressRorippa austriacababysbreathGypsophila paniculatabeach grass, European, American, and hybridsAmmophila arenaria, A. breviligulata, and A. arenaria x breviligulatabird cherryPrunus aviumbittersweet nightshadeSolamum dulcamarablack henbaneHyoscyamus nigerblackberry, evergreenRubus laciniatusblackberry, HimalayanRubus bifronsblackgrassAlopecurus myosuroidesblack locustRobinia pseudoacaciabuffaloburSolanum rostratumcereal ryeSecale cerealecherry laurelPrunus laurocerasuscommon barberryBerberis vulgariscommon catsearHypochaeris radicatacommon groundselSenecio vulgariscommon hollyIlex aquifolium, except where commercially growncommon St. JohnswortHypericum perforatumcommon teaselDipsacus fullonumcurly-leaf pondweedPotamogeton crispusEnglish hawthornCrataegus monogynaEnglish ivy ((4 cultivars only:))Hedera ((hibernica 'Hibernica' Hedera helix 'Baltica' Hedera helix 'Pittsburgh' Hedera helix 'Star'))helix, Hedera hibernica, and hybridsEurasian watermilfoil hybridMyriophyllum spicatum x M. sibiricumfield bindweedConvolvulus arvensisfragrant water lilyNymphaea odoratagreen alkanetPentaglottis sempervirenshairy whitetopLepidium appelianumhoary cressLepidium drabaItalian arumArum italicumJapanese eelgrassNanozostera japonicajointed goatgrassAegilops cylindricajubata grassCortaderia jubatalawnweedSoliva sessilislongspine sandburCenchrus longispinusMedusaheadTaeniatherum caput-medusaenonnative cattail species and hybridsIncluding, but not limited to, Typha angustifolia, T. domingensis and T. x glaucaNorway mapleAcer platanoidesold man's beardClematis vitalbaoxeye daisyLeucanthemum vulgarepampas grassCortaderia selloanaperennial sowthistleSonchus arvensis ssp. arvensispurple foxgloveDigitalis purpureareed canarygrassPhalaris arundinaceaRussian oliveElaeagnus angustifoliascentless mayweedTripleurospermum inodorumsmoothseed alfalfa dodderCuscuta approximataspikeweedCentromadia pungensspiny cockleburXanthium spinosumspotted jewelweedImpatiens capensisSwainsonpeaSphaerophysa salsulathistle, bullCirsium vulgarethistle, CanadaCirsium arvensetree-of-heavenAilanthus altissimaventenataVentenata dubiawhite cockleSilene latifoliawild carrot (except subs. sativus where grown commercially or for food)Daucus carotayellow flag irisIris pseudacorusyellow toadflaxLinaria vulgaris