Register, December, 2000, No. 540
Chapter NR 107
AQUATIC PLANT MANAGEMENT
NR 107.04 Application for permit.
NR 107.05 Issuance of permit.
NR 107.06 Chemical fact sheets.
NR 107.08 Conditions of the permit.
NR 107.09 Special limitation.
NR 107.10 Field evaluation use permits.
Ch. NR 107 Note
Note: Chapter NR 107 as it existed on February 28, 1989 was repealed and a new Chapter NR 107 was created effective March 1, 1989.
NR 107.01
NR 107.01 Purpose. The purpose of this chapter is to establish procedures for the management of aquatic plants and control of other aquatic organisms pursuant to s.
227.11 (2) (a), Stats., and interpreting s.
281.17 (2), Stats. A balanced aquatic plant community is recognized to be a vital and necessary component of a healthy aquatic ecosystem. The department may allow the management of nuisance-causing aquatic plants with chemicals registered and labeled by the U.S. environmental protection agency and labeled and registered by firms licensed as pesticide manufacturers and labelers with the Wisconsin department of agriculture, trade and consumer protection. Chemical management shall be allowed in a manner consistent with sound ecosystem management and shall minimize the loss of ecological values in the water body.
NR 107.01 History
History: Cr.
Register, February, 1989, No. 398, eff. 3-1-89;
correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540. NR 107.02
NR 107.02 Applicability. Any person sponsoring or conducting chemical treatment for the management of aquatic plants or control of other aquatic organisms in waters of the state shall obtain a permit from the department. Waters of the state include those portions of Lake Michigan and Lake Superior, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other ground or surface water, natural or artificial, public or private, within the state or its jurisdiction as specified in s.
281.01 (18), Stats.
NR 107.02 History
History: Cr.
Register, February, 1989, No. 398, eff. 3-1-89;
correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540. NR 107.03(1)
(1) “
Applicator" means the person physically applying the chemicals to the treatment site.
NR 107.03(2)
(2) “Chemical fact sheet" means a summary of information on a specific chemical written by the department including general aquatic community and human safety considerations applicable to Wisconsin sites.
NR 107.03(3)
(3) “Department" means the department of natural resources.
NR 107.03 History
History: Cr.
Register, February, 1989, No. 398, eff. 3-1-89.
NR 107.04(1)
(1) Permit applications shall be made on forms provided by the department and shall be submitted to the district director for the district in which the project is located. Any amendment or revision to an application shall be treated by the department as a new application, except as provided in
s. NR 107.04 (3) (g).
NR 107.04 Note
Note: The DNR district headquarters are located at:
NR 107.04 Note
1. Southern — 3911 Fish Hatchery Road, Fitchburg 53711
NR 107.04 Note
2. Southeast — 2300 N. Dr. Martin Luther King Jr. Dr., Box 12436, Milwaukee 53212
NR 107.04 Note
3. Lake Michigan — 1125 N. Military Ave., Box 10448, Green Bay 54307
NR 107.04 Note
4. North Central — 107 Sutliff Ave., Box 818, Rhinelander 54501
NR 107.04 Note
5. Western — 1300 W. Clairemont Ave., Call Box 4001, Eau Claire 54702
NR 107.04 Note
6. Northwest — Hwy 70 West, Box 309, Spooner 54801
NR 107.04(2)(a)
(a) A nonrefundable permit application fee of $20, and, for proposed treatments larger than 0.25 acres, an additional refundable acreage fee of $25.00 per acre, rounded up to the nearest whole acre, applied to a maximum of 50.0 acres.
NR 107.04(2)(a)1.
1. The acreage fee shall be refunded in whole if the entire permit is denied or if no treatment occurs on any part of the permitted treatment area. Refunds will not be prorated for partial treatments.
NR 107.04(2)(a)2.
2. If the permit is issued with the proposed treatment area partially denied, a refund of acreage fees shall be given for the area denied.
NR 107.04(2)(b)
(b) A legal description of the body of water proposed for treatment including township, range and section number;
NR 107.04(2)(c)
(c) One copy of a detailed map or sketch of the body of water with the proposed treatment area dimensions clearly shown and with pertinent information necessary to locate those properties, by name of owner, riparian to the treatment area, which may include street address, local telephone number, block, lot and fire number where available. If a local address is not available, the home address and phone number of the property owner may be included;
NR 107.04(2)(d)
(d) A description of the uses being impaired by plants or aquatic organisms and reason for treatment;
NR 107.04(2)(e)
(e) A description of the plant community or other aquatic organisms causing the use impairment;
NR 107.04(2)(f)
(f) The product names of chemicals proposed for use and the method of application;
NR 107.04(2)(g)
(g) The name of the person or commercial applicator, and applicator certification number, when required by
s. NR 107.08 (5), of the person conducting the treatment;
NR 107.04(2)(h)
(h) A comparison of alternative control methods and their feasibility for use on the proposed treatment site.
NR 107.04(3)
(3) In addition to the information required under
sub. (2), when the proposed treatment is a large-scale treatment exceeding 10.0 acres in size or 10% of the area of the water body that is 10 feet or less in depth, the application shall be accompanied by:
NR 107.04(3)(a)
(a) A map showing the size and boundaries of the water body and its watershed.
NR 107.04(3)(b)
(b) A map and list identifying known or suspected land use practices contributing to plant-related water quality problems in the watershed.
NR 107.04(3)(c)
(c) A summary of conditions contributing to undesirable plant growth on the water body.
NR 107.04(3)(d)
(d) A general description of the fish and wildlife uses occurring within the proposed treatment site.
NR 107.04(3)(e)
(e) A summary of recreational uses of the proposed treatment site.
NR 107.04(3)(f)
(f) Evidence that a public notice of the proposed application has been made, and that a public informational meeting, if required, has been conducted.
NR 107.04(3)(f)1.
1. Notice shall be given in 2 inch x 4 inch advertising format in the newspaper which has the largest circulation in the area affected by the application.
NR 107.04(3)(f)2.
2. The notice shall state the size of the proposed treatment, the approximate treatment dates, and that the public may request within 5 days of the notice that the applicant hold a public informational meeting on the proposed application.
NR 107.04(3)(f)2.a.
a. The applicant will conduct a public informational meeting in a location near the water body when a combination of 5 or more individuals, organizations, special units of government, or local units of government request the meeting in writing to the applicant with a copy to the department within 5 days after the notice is made. The person or entity requesting the meeting shall state a specific agenda of topics including problems and alternatives to be discussed.
NR 107.04(3)(f)2.b.
b. The meeting shall be given a minimum of one week advance notice, both in writing to the requestors, and advertised in the format of
subd. 1.
NR 107.04(3)(g)
(g) The provisions of
pars. (a) to
(e) shall be repeated once every 5 years and shall include new information. Annual modifications of the proposed treatment within the 5-year period which do not expand the treatment area more than 10% and cover a similar location and target organisms may be accepted as an amendment to the original application. The acreage fee submitted under
sub. (2) (a) shall be adjusted in accordance with any proposed amendments.
NR 107.04(4)
(4) The applicant shall certify to the department that a copy of the application has been provided to any affected property owners' association, inland lake district, and, in the case of chemical applications for rooted aquatic plants, to any riparian property owners adjacent to and within the treatment area.
NR 107.04(5)
(5) A notice of the proposed treatment shall be provided by the department to any person or organization indicating annually in writing a desire to receive such notification.
NR 107.04 History
History: Cr.
Register, February, 1989, No. 398, eff. 3-1-89.
NR 107.05(1)
(1) The department shall issue or deny issuance of the requested permit between 10 and 15 working days after receipt of an acceptable application, unless:
NR 107.05(1)(a)
(a) An environmental impact report or statement is required under s.
1.11, Stats. Notification to the applicant shall be in writing within 10 working days of receipt of the application and no action may be taken until the report or statement has been completed; or
NR 107.05(2)
(2) If a request for a public hearing is received after the permit is issued but prior to the actual treatment allowed by the permit, the department is not required to, but may, suspend the permit because of the request for public hearing.
NR 107.05(3)
(3) The department may deny issuance of the requested permit if:
NR 107.05(3)(a)
(a) The proposed chemical is not labeled and registered for the intended use by the United States environmental protection agency and both labeled and registered by a firm licensed as a pesticide manufacturer and labeler with the Wisconsin department of agriculture, trade and consumer protection;
NR 107.05(3)(b)
(b) The proposed chemical does not have a current department aquatic chemical fact sheet;
NR 107.05(3)(c)
(c) The department determines the proposed treatment will not provide nuisance relief, or will place unreasonable restrictions on existing water uses;
NR 107.05(3)(d)
(d) The department determines the proposed treatment will result in a hazard to humans, animals or other nontarget organisms;
NR 107.05(3)(e)
(e) The department determines the proposed treatment will result in a significant adverse effect on the body of water;
NR 107.05(3)(f)
(f) The proposed chemical application is for waters beyond 150 feet from shore except where approval is given by the department to maintain navigation channels, piers or other facilities used by organizations or the public including commercial facilities;
NR 107.05(3)(g)
(g) The proposed chemical applications, other than those conducted by the department pursuant to ss.
29.421 and
29.424, Stats., will significantly injure fish, fish eggs, fish larvae, essential fish food organisms or wildlife, either directly or through habitat destruction;
NR 107.05(3)(h)
(h) The proposed chemical application is in a location known to have endangered or threatened species as specified pursuant to s.
29.604, Stats., and as determined by the department;
NR 107.05(3)(i)
(i) The proposed chemical application is in locations identified by the department as sensitive areas, except when the applicant demonstrates to the satisfaction of the department that treatments can be conducted in a manner that will not alter the ecological character or reduce the ecological value of the area.
NR 107.05(3)(i)1.
1. Sensitive areas are areas of aquatic vegetation identified by the department as offering critical or unique fish and wildlife habitat, including seasonal or lifestage requirements, or offering water quality or erosion control benefits to the body of water.
NR 107.05(3)(i)2.
2. The department shall notify any affected property owners' association, inland lake district, and riparian property owner of locations identified as sensitive areas.
NR 107.05(4)
(4) New applications will be reviewed with consideration given to the cumulative effect of applications already approved for the body of water.
NR 107.05(5)
(5) The department may approve the application in whole or in part consistent with the provisions of
subs. (3) (a) through
(i) and
(4). Denials shall be in writing stating reasons for the denial.
NR 107.05(6)
(6) Permits may be issued for one treatment season only.
NR 107.05 History
History: Cr.
Register, February, 1989, No. 398, eff. 3-1-89;
corrections in (3) (g) and (h) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540. NR 107.06(1)
(1) The department shall develop a chemical fact sheet for each of the chemicals in present use for aquatic nuisance control in Wisconsin.
NR 107.06(1m)
(1m) Chemical fact sheets for chemicals not previously used in Wisconsin shall be developed within 180 days after the department has received notice of intended use of the chemical.
NR 107.06(2)
(2) The applicant or permit holder shall provide copies of the applicable chemical fact sheets to any affected property owners' association and inland lake district.
