NR 109.05 HistoryHistory: 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 109.06NR 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 NoteNote: 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 NoteNote: 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 HistoryHistory: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03. NR 109.07NR 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 HistoryHistory: 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 HistoryHistory: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03. NR 109.09NR 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 HistoryHistory: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03. NR 109.10NR 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 HistoryHistory: 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 HistoryHistory: CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03.
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