12-6-22. Investigation of tree diseases or insect infestation; notification of landowner; recommendations; effect of landowner’s failure to act; disposition of proceeds derived from sale of trees.

The commission shall have the authority to enter upon any land on which the commission believes the trees are suffering from an infestation or infection for the purpose of determining whether such infestation or infection exists, the location thereof, and the extent and cause thereof. If an infestation or infection is found to exist by the commission, it shall notify the landowner of such condition and recommend a course of action by the landowner to prevent the spreading of the infestation or disease. If the landowner, within a reasonable period of time following such notification, fails to take action to prevent the spreading of the infestation or disease, then the commission may:#

1. (1)

   Fell and remove infested or diseased trees;#

2. (2)

   Fell and chemically treat infested or diseased trees;#

3. (3)

   Chemically treat standing infested or diseased trees; or#

4. (4)

   Take such other effective control methods as the commission deems appropriate.#

Any proceeds derived from any sale of such trees shall be paid to the landowner.#