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).