Chapter NR 109

NR 109.03(10) (10) “Wetlands” means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

NR 109.03 History History: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03.

NR 109.04 NR 109.04 Application requirements and fees.

NR 109.04(1) (1) Permit applications shall be made on forms provided by the department and shall be submitted to the regional director or designee for the region in which the project is located. Permit applications for licensed aquatic nursery growers may be submitted to the department of agriculture, trade and consumer protection.

NR 109.04 Note Note: Applications may be obtained from the department’s regional headquarters or service centers. DATCP has agreed to send application forms and instructions provided by the department to aquatic nursery growers along with license renewal forms. DATCP will forward all applications to the department for processing.

NR 109.04(2) (2) The application shall be accompanied by all of the following unless the application is made by licensed aquatic nursery growers for selective harvesting of aquatic plants for nursery stock. Applications made by licensed aquatic nursery growers for harvest of nursery stock do not have to include the information required by par. (d), (e), (h), (i) or (j).

NR 109.04(2)(a) (a) A nonrefundable application fee. The application fee for an aquatic plant management permit is:

NR 109.04(2)(a)1. 1. $30 for a proposed project to manage aquatic plants on less than one acre.

NR 109.04(2)(a)2. 2. $30 per acre to a maximum of $300 for a proposed project to manage aquatic plants on one acre or larger. Partial acres shall be rounded up to the next full acre for fee determination. An annual renewal of this permit may be requested with an additional application fee of one-half the original application fee, but not less than $30.

NR 109.04(2)(b) (b) A legal description of the body of water including township, range and section number.

NR 109.04(2)(c) (c) One copy of a detailed map of the body of water with the proposed introduction or control area dimensions clearly shown. Private individuals doing plant introduction or control shall provide the name of the owner riparian to the management area, which includes the street address or block, lot and fire number where available and local telephone number or other pertinent information necessary to locate the property.

NR 109.04(2)(d) (d) One copy of any existing aquatic management plan for the body of water, or detailed reference to the plan, citing the plan references to the proposed introduction or control area, and a description of how the proposed introduction or control of aquatic plants is compatible with any existing plan.

NR 109.04(2)(e) (e) A description of the impairments to water use caused by the aquatic plants to be managed.

NR 109.04(2)(f) (f) A description of the aquatic plants to be controlled or removed.

NR 109.04(2)(g) (g) The type of equipment and methods to be used for introduction, control or removal.

NR 109.04(2)(h) (h) A description of other introduction or control methods considered and the justification for the method selected.

NR 109.04(2)(i) (i) A description of any other method being used or intended for use for plant management by the applicant or on the area abutting the proposed management area.

NR 109.04(2)(j) (j) The area used for removal, reuse or disposal of aquatic plants.

NR 109.04(2)(k) (k) The name of any person or commercial provider of control or removal services.

NR 109.04(3) (3) 

NR 109.04(3)(a) (a) The department may require that an application for an aquatic plant management permit contain an aquatic plant management plan that describes how the aquatic plants will be introduced, controlled, removed or disposed. Requirements for an aquatic plant management plan shall be made in writing stating the reason for the plan requirement. In deciding whether to require a plan, the department shall consider the potential for effects on protection and development of diverse and stable communities of native aquatic plants, for conflict with goals of other written ecological or lake management plans, for cumulative impacts and effect on the ecological values in the body of water, and the long-term sustainability of beneficial water use activities.

NR 109.04(3)(b) (b) Within 30 days of receipt of the plan, the department shall notify the applicant of any additional information or modifications to the plan that are required. If the applicant does not submit the additional information or modify the plan as requested by the department, the department may dismiss the aquatic plant management permit application.

NR 109.04(3)(c) (c) The department shall approve the aquatic plant management plan before an application may be considered complete.

NR 109.04(4) (4) The permit sponsor may request an annual renewal in writing from the department under s. NR 109.05 if there is no change proposed in the conditions of the original permit issued.

NR 109.04 History History: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03.

NR 109.05 NR 109.05 Permit issuance.

NR 109.05(1) (1) The department shall issue or deny issuance of the requested permit within 15 working days after receipt of a completed application and approved plan as required under s. NR 109.04 (3).

NR 109.05(2) (2) The department may specify any of the following as conditions of the permit:

NR 109.05(2)(a) (a) The quantity of aquatic plants that may be introduced or controlled.

NR 109.05(2)(b) (b) The species of aquatic plants that may be introduced or controlled.

NR 109.05(2)(c) (c) The areas in which aquatic plants may be introduced or controlled.

NR 109.05(2)(d) (d) The methods that may be used to introduce or control aquatic plants.

NR 109.05(2)(e) (e) The times during which aquatic plants may be introduced or controlled.

NR 109.05(2)(f) (f) The allowable methods used for disposing of or using aquatic plants that are removed or controlled.

NR 109.05(2)(g) (g) Annual or other reporting requirements to the department that may include information related to pars. (a) to (f).

NR 109.05(3) (3) The department may deny issuance of the requested permit if the department determines any of the following:

NR 109.05(3)(a) (a) Aquatic plants are not causing significant impairment of beneficial water use activities.

NR 109.05(3)(b) (b) The proposed introduction or control will not remedy the water use impairments caused by aquatic plants as identified as a part of the application in s. NR 109.04 (2) (e).

NR 109.05(3)(c) (c) The proposed introduction or control will result in a hazard to humans.

NR 109.05(3)(d) (d) The proposed introduction or control will cause significant adverse impacts to threatened or endangered resources.

NR 109.05(3)(e) (e) The proposed introduction or control will result in a significant adverse effect on water quality, aquatic habitat or the aquatic community including the native aquatic plant community.

NR 109.05(3)(f) (f) The proposed introduction or control is in locations identified by the department as sensitive areas, under s. NR 107.05 (3) (i) 1., except when the applicant demonstrates to the satisfaction of the department that the project can be conducted in a manner that will not alter the ecological character or reduce the ecological value of the area.

NR 109.05(3)(g) (g) The proposed management will result in significant adverse long-term or permanent changes to a plant community or a high value species in a specific aquatic ecosystem. High value species are individual species of aquatic plants known to offer important values in specific aquatic ecosystems, including Potamogeton amplifolius, Potamogeton Richardsonii, Potamogeton praelongus, Stuckenia pectinata (Potamogeton pectinatus), Potamogeton illinoensis, Potamogeton robbinsii, Eleocharis spp., Scirpus spp., Valisneria spp., Zizania spp., Zannichellia palustris and Brasenia schreberi.

NR 109.05(3)(h) (h) If wild rice is involved, the stipulations incorporated by Lac Courte Oreilles v. Wisconsin, 775 F. Supp. 321 (W.D. Wis. 1991) shall be complied with.

NR 109.05(3)(i) (i) The proposed introduction or control will interfere with the rights of riparian owners.

NR 109.05(3)(j) (j) The proposed management is inconsistent with a department approved aquatic plant management plan for the body of water.

NR 109.05(4) (4) The department may approve the application in whole or in part consistent with the provisions of sub. (3). A denial shall be in writing stating the reasons for the denial.

NR 109.05(5) (5) 

NR 109.05(5)(a) (a) The department may issue an aquatic plant management permit on less than one acre in a single riparian area for a 3-year term.

NR 109.05(5)(b) (b) The department may issue an aquatic plant management permit for a one-year term for more than one acre or more than one riparian area. The permit may be renewed annually for up to a total of 3 years in succession at the written request of the permit holder, provided no modifications or changes are made from the original permit.

NR 109.05(5)(c) (c) The department may issue an aquatic plant management permit containing a department-approved plan for a 3 to 5 year term.

NR 109.05(5)(d) (d) The department may issue an aquatic plant management permit to a licensed nursery grower for a 3-year term for the harvesting of aquatic plants from a publicly owned lake bed or for a 5-year term for harvesting of aquatic plants from privately owned beds with the permission of the property owner.

NR 109.05(6) (6) The approval of an aquatic plant management permit does not represent an endorsement of the permitted activity, but represents that the applicant has complied with all criteria of this chapter.

NR 109.05 History History: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03; reprinted to restore dropped language from rule order, Register October 2003 No. 574.

NR 109.06 NR 109.06 Waivers. The department waives the permit requirements under this chapter for any of the following:

NR 109.06(1) (1) Manual removal or use of mechanical devices to control or remove aquatic plants from a body of water 10 acres or less that is entirely confined on the property of one person with the permission of that property owner.

NR 109.06 Note Note: A person who introduces native aquatic plants or removes aquatic plants by manual or mechanical means in the course of operating an aquatic nursery as authorized under s. 94.10, Stats., on privately owned non-navigable waters of the state is not required to obtain a permit for the activities.

NR 109.06(2) (2) A riparian owner who manually removes aquatic plants from a body of water or uses mechanical devices designed for cutting or mowing vegetation to control plants on an exposed lake bed that abuts the owner’s property provided that the removal meets all of the following:

NR 109.06(2)(a) (a)

NR 109.06(2)(a)1. 1. Removal of native plants is limited to a single area with a maximum width of no more than 30 feet measured along the shoreline provided that any piers, boatlifts, swimrafts and other recreational and water use devices are located within that 30-foot wide zone and may not be in a new area or additional to an area where plants are controlled by another method; or

NR 109.06(2)(a)2. 2. Removal of nonnative or invasive aquatic plants as designated under s. NR 109.07 when performed in a manner that does not harm the native aquatic plant community; or

NR 109.06(2)(a)3. 3. Removal of dislodged aquatic plants that drift on-shore and accumulate along the waterfront.

NR 109.06(2)(b) (b) Is not located in a sensitive area as defined by the department under s. NR 107.05 (3) (i) 1., or in an area known to contain threatened or endangered resources or floating bogs.

NR 109.06(2)(c) (c) Does not interfere with the rights of other riparian owners.

NR 109.06(2)(d) (d) If wild rice is involved, the procedures of s. NR 19.09 (1) shall be followed.

NR 109.06(4) (4) Control of purple loosestrife by manual removal or use of mechanical devices when performed in a manner that does not harm the native aquatic plant community or result in or encourage re-growth of purple loosestrife or other nonnative vegetation.

NR 109.06(5) (5) Any aquatic plant management activity that is conducted by the department and is consistent with the purposes of this chapter.

NR 109.06(6) (6) Manual removal and collection of native aquatic plants for lake study or scientific research when performed in a manner that does not harm the native aquatic plant community.

NR 109.06 Note Note: Scientific collectors permit requirements are still applicable.

NR 109.06(7) (7) Incidental cutting, removal or destroying of aquatic plants when engaged in beneficial water use activities.

NR 109.06 History History: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03.

NR 109.07 NR 109.07 Invasive and nonnative aquatic plants.

NR 109.07(1) (1) The department may designate any aquatic plant as an invasive aquatic plant for a water body or a group of water bodies if it has the ability to cause significant adverse change to desirable aquatic habitat, to significantly displace desirable aquatic vegetation, or to reduce the yield of products produced by aquaculture.

NR 109.07(2) (2) The following aquatic plants are designated as invasive aquatic plants statewide: Eurasian water milfoil, curly leaf pondweed and purple loosestrife.

NR 109.07(3) (3) Native and nonnative aquatic plants of Wisconsin shall be determined by using scientifically valid publications and findings by the department.

NR 109.07 History History: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03.

NR 109.08 NR 109.08 Prohibitions.

NR 109.08(1) (1) No person may distribute an invasive aquatic plant, under s. NR 109.07.

NR 109.08(2) (2) No person may intentionally introduce Eurasian water milfoil, curly leaf pondweed or purple loosestrife into waters of this state without the permission of the department.

NR 109.08(3) (3) No person may intentionally cut aquatic plants in public/navigable waters without removing cut vegetation from the body of water.

NR 109.08(4) (4) 

NR 109.08(4)(a) (a) No person may place equipment used in aquatic plant management in a navigable water if the person has reason to believe that the equipment has any aquatic plants or zebra mussels attached.

NR 109.08(4)(b) (b) This subsection does not apply to equipment used in aquatic plant management when re-launched on the same body of water without having visited different waters, provided the re-launching will not introduce or encourage the spread of existing aquatic species within that body of water.

NR 109.08 History History: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03.

NR 109.09 NR 109.09 Plan specifications and approval.

NR 109.09(1) (1) Applicants required to submit an aquatic plant management plan, under s. NR 109.04 (3), shall develop and submit the plan in a format specified by the department.

NR 109.09(2) (2) The plan shall present and discuss each of the following items:

NR 109.09(2)(a) (a) The goals and objectives of the aquatic plant management and protection activities.

NR 109.09(2)(b) (b) A physical, chemical and biological description of the waterbody.