Chapter NR 109

Register March 2011 No. 663

Chapter NR 109

AQUATIC PLANTS: INTRODUCTION, MANUAL REMOVAL AND
MECHANICAL CONTROL REGULATIONS

NR 109.01   Purpose.

NR 109.02   Applicability.

NR 109.03   Definitions.

NR 109.04   Application requirements and fees.

NR 109.05   Permit issuance.

NR 109.06   Waivers.

NR 109.07   Invasive and nonnative aquatic plants.

NR 109.08   Prohibitions.

NR 109.09   Plan specifications and approval.

NR 109.10   Other permits.

NR 109.11   Enforcement.

NR 109.01 NR 109.01 Purpose. The purpose of this chapter is to establish procedures and requirements for the protection and regulation of aquatic plants pursuant to ss. 23.24 and 30.07, Stats. Diverse and stable communities of native aquatic plants are recognized to be a vital and necessary component of a healthy aquatic ecosystem. This chapter establishes procedures and requirements for issuing aquatic plant management permits for introduction of aquatic plants or control of aquatic plants by manual removal, burning, use of mechanical means or plant inhibitors. This chapter identifies other permits issued by the department for aquatic plant management that contain the appropriate conditions as required under this chapter for aquatic plant management, and for which no separate permit is required under this chapter. Introduction and control of aquatic plants shall be allowed in a manner consistent with sound ecosystem management, shall consider cumulative impacts, and shall minimize the loss of ecological values in the body of water. The purpose of this chapter is also to prevent the spread of invasive and non-native aquatic organisms by prohibiting the launching of watercraft or equipment that has any aquatic plants or zebra mussels attached.

NR 109.01 History History: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.

NR 109.02 NR 109.02 Applicability. A person sponsoring or conducting manual removal, burning or using mechanical means or aquatic plant inhibitors to control aquatic plants in navigable waters, or introducing non-native aquatic plants to waters of this state shall obtain an aquatic plant management permit from the department under this chapter.

NR 109.02 History History: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03.

NR 109.03 NR 109.03 Definitions. In this chapter:

NR 109.03(1) (1) “Aquatic community” means lake or river biological resources.

NR 109.03(2) (2) “Beneficial water use activities” mean angling, boating, swimming or other navigational or recreational water use activity.

NR 109.03(3) (3) “Body of water” means any lake, river or wetland that is a water of this state.

NR 109.03(4) (4) “Complete application” means a completed and signed application form, the information specified in s. NR 109.04 and any other information which may reasonably be required from an applicant and which the department needs to make a decision under applicable provisions of law.

NR 109.03(5) (5) “Department” means the Wisconsin department of natural resources.

NR 109.03(6) (6) “Manual removal” means the control of aquatic plants by hand or hand-held devices without the use or aid of external or auxiliary power.

NR 109.03(7) (7) “Navigable waters” means those waters defined as navigable under s. 30.10, Stats.

NR 109.03(8) (8) “Permit” means aquatic plant management permit.

NR 109.03(9) (9) “Plan” means aquatic plant management plan.

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.