NR 109.04 History
History: CR 02-061: cr.
Register May 2003 No. 569, eff. 6-1-03.
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)(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)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(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(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)(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.
NR 109.09(2)(e)
(e) An evaluation of chemical, mechanical, biological and physical aquatic plant control methods.
NR 109.09(2)(f)
(f) Recommendations for an integrated aquatic plant management strategy utilizing some or all of the methods evaluated in
par. (e).
NR 109.09(2)(h)
(h) A strategy for evaluating the efficacy and environmental impacts of the aquatic plant management activities.
NR 109.09(2)(i)
(i) The involvement of local units of government and any lake organizations in the development of the plan.
NR 109.09(3)
(3) The approval of an aquatic plant management plan does not represent an endorsement for plant management, but represents that adequate considerations in planning the actions have been made.
NR 109.09 History
History: CR 02-061: cr.
Register May 2003 No. 569, eff. 6-1-03.
NR 109.10
NR 109.10 Other permits. Permits issued under s.
30.12,
30.20,
31.02 or
281.36, Stats., or under
ch. NR 107 may contain provisions which provide for aquatic plant management. If a permit issued under one of these authorities contains the appropriate conditions as required under this chapter for aquatic plant management, a separate permit is not required under this chapter. The permit shall explicitly state that it is intended to comply with the substantive requirements of this chapter.
NR 109.10 History
History: CR 02-061: cr.
Register May 2003 No. 569, eff. 6-1-03.
NR 109.11(1)
(1) Violations of this chapter may be prosecuted by the department under chs.
23,
30 and
31, Stats.
NR 109.11(2)
(2) Failure to comply with the conditions of a permit issued under or in accordance with this chapter may result in cancellation of the permit and loss of permit privileges for the subsequent year. Notice of cancellation or loss of permit privileges shall be provided by the department to the permit holder.
NR 109.11 History
History: CR 02-061: cr.
Register May 2003 No. 569, eff. 6-1-03.
