(7) “Best management practice” means an activity or combination of activities intended to control a target species while avoiding or minimizing adverse impacts on non-target organisms that is both effective and practicable, considering technological, economic, ecological, and institutional factors.
(8) “Body of water” means any lake, river or wetland that is a water of this state.
(9) “Ceded territory” has the meaning given in s. NR 13.02 (1). (10) “Completed application” means a completed and signed application form, including the information specified in ss. NR 107.06 and 107.07, and any other information that may reasonably be required from an applicant and which the department needs to make a decision under applicable provisions of law. (11) “Control” means actions that impact aquatic invasive species and other organisms including manual removal, the use of biological agents, dewatering, desiccation, burning, freezing, shading, suffocation, mechanical force, inhibition, potentiation, or metabolic disruption.
(12) “Department” means the department of natural resources.
(13) “Drainage ditch” means a constructed or reconstructed watercourse for the purpose of draining water from the land or for transporting water for use on the land.
(14) “Epilimnetic lake wide concentration rate” means the calculated concentration of herbicide in a body of water assuming homogeneous mixing of herbicide throughout the upper water layer above the thermocline.
(15) “Hand wicking” means pouring or spraying a pesticide directly onto a wicking glove and applying the pesticide using only the thumb, fingers, and palm of the wicking glove directly to the target species.
(16) “Integrated pest management” means an ecosystem-based decision-making strategy informed by current, comprehensive information on pest life cycles and the interactions among pests and the environment that focuses on long-term suppression of pests or their damage and considers all the available pest control practices.
(17) “Invasive species” has the meaning given in s. NR 40.02 (24). (18) “Lake wide concentration rate” means the calculated concentration of herbicide in a body of water assuming homogeneous mixing of herbicide throughout the entire lake water volume.
(19) “Large-scale control” means a project that implements management activities on a non-localized scale, where the management actions are expected to affect significant portions of a lake, stream reach or wetland.
(20) “Manual removal” means the control of aquatic plants by hand or handheld devices without the use or aid of external or auxiliary power.
(21) “Mechanical control” means the control of aquatic plants using machinery designed to cut, shear, shred, crush, uproot, transport, or otherwise affect aquatic plants and which may require the aid of external or auxiliary power.
(22) “Navigable waters” has the meaning given in s. 30.10, Stats. (23) “Non target organism” means a species not targeted by a control authorized under ch. NR 107. (24) “Ordinary high-water mark” has the meaning given in s. NR 193.03 (28). (25) “Permit” means a permit to control aquatic plants authorized under ch. NR 107. (26) “Pesticide” has the meaning given in s. 94.67 (25), Stats., and includes a pesticide-fertilizer mixture. (27) “Pesticide overspray” means pesticide deposited outside a target application site as a result of an applicator's failure to control the direct flow or application of pesticide from the application equipment so as to confine it to the target application site.
(28) “Pioneering population” has the meaning given in s. NR 193.61 (4). (29) “Plan” means an aquatic plant management and protection plan approved under s. NR 107.05. (30) “Privately accessible pond” means a manmade or natural body of water 10 acres or less that meets all the following requirements:
(a) Is located on the land of a single owner not in common ownership.
(b) Has no surface water connection to other surface waters.
(c) Has no public access.
(31) “Prohibited species” has the meaning given in s. NR 40.02 (41). (32) “Public pond” means a manmade or natural body of water 10 acres or less located on land owned by multiple persons that meets any of the following requirements:
(a) Has a surface water connection to other surface waters.
(b) Has public access.
(33) “Sensitive area” means an area of aquatic vegetation identified by the department as offering critical or unique fish and wildlife habitat, including seasonal or life stage requirements, or offering water quality or erosion control benefits to the body of water.
(34) “Shared pond” means a manmade or natural body of water 10 acres or less that meets all the following requirements:
(a) Is located on land owned by multiple persons.
(b) Has no surface water connection to other surface waters.
(c) Has no public access.
(35) “Small-scale control” means a project that implements management activities on a localized scale, where the management actions do not to affect the entire lake, stream reach, or wetland.
(36) “Stakeholder” means a person who is involved in or affected by activities authorized under ch. NR 107. (37) “Storm water management structure” has the meaning given in s. NR 528.03 (16). (38) “Sublethal effects” means changes or consequences experienced or demonstrated by organisms or populations that survive exposure to a toxicant, including biological, physiological, demographic, reproductive, developmental, genetic, or behavioral effects.
(39) “Target species” means one or more aquatic species the applicant designates as the species to be controlled.
(40) “Thermocline” means the zone of rapid temperature change with depth in a body of water, where the water temperature changes at least 1 degree Celsius with every meter of depth.
(42) “Water use impairment” means a condition of aquatic plant growth that creates a water use obstruction or causes adverse impacts to the ecosystem.
(43) “Water use obstruction” means a condition of over-abundant aquatic plant growth that creates a material obstruction that limits a person’s ability to reasonably conduct beneficial water use activities and there are no reasonable alternatives.
(44) “Wetland” has the meaning given in s. 23.32 (1), Stats. NR 107.04 Waivers. (1) Fee waivers. The department shall limit the permit application fee to the basic application fee under s. NR 107.06 (2) (a) for any of the following control activities: (a) A control targeting bacteria on swimming beaches using chlorine or chlorinated lime.
(b) A control targeting algae or other aquatic nuisances that interfere with the use of the water for potable purposes.
(c) A control that is necessary for the protection of public health as determined by the department under s. 23.24 (4) (c) 6., Stats, such as the control of disease carrying organisms in sanitary sewers, storm sewers, or wetlands, when the control is sponsored by a governmental agency. (d) A control that is conducted by a state agency as defined under s. 227.01 (1), Stats. (2) Any control conducted by the department shall be fee exempt.
(3) Control waivers. The department shall waive the permit requirements under this chapter for any of the following control activities:
(a) Manual and biological control of Purple Loosestrife - Lythrum salicaria.
(b) Chemical control in accordance with label instructions when used in any of the following locations:
1. Water tanks used for potable water supplies.
2. Swimming pools.
3. Public or private wells.
4. Private fish hatcheries licensed under s. 95.60, Stats. 5. Waste treatment facilities that have received plan approval under s. 281.41, Stats., or are utilized to meet effluent limitations set forth in permits issued under s. 283.31, Stats. 6. Privately accessible ponds that are less than 0.1 acres in size and are lined, with no groundwater connection to waters of the state.
(c) 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.
(d) Control within roadside right-of-ways or drainage ditches if the department determines non-target and adverse impacts of the control activity are minimal and acceptable on site and downstream.
(e) Cut stump chemical application to woody vegetation, provided that the chemical is painted directly onto the stump in a manner that does not result in pesticide overspray, harm the native aquatic plant community, or result in or encourage regrowth of other nonnative vegetation.
(f) Hand wicking of invasive emergent vegetation provided that the activity is performed in a manner that does not harm the native aquatic plant community or result in or encourage regrowth of nonnative vegetation.
(g) Manual removal or mechanical control that is conducted on woody vegetation below the ordinary high-water mark on outlying waters, including Lake Superior and Lake Michigan, if the department determines non-target and adverse impacts of the control activity are minimal and acceptable.
(h) Mechanical control and manual removal that is conducted on woody vegetation above the ordinary high-water mark in palustrine wetlands.
(i) Control of emergent vegetation on storm water management structures.
(j) Chemical control of emergent vegetation when waters of the state are frozen.
(k) Mechanical control and manual removal that the department conducts and is consistent with the purposes of this chapter.
(L) Burning of emergent vegetation if the control is conducted for conservation purposes and follows a prescribed burn plan.
Note: This provision does not waive any existing municipal, county, or department requirements regarding burning.
(m) Any control conducted by a federal agency.
(n) Control or removal of native 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. (4) Scenario waivers. The department shall waive the permitting requirements of this chapter for any of the following control activities:
(a) Mechanical and manual control. When manual or mechanical control occurs on 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.
(b) Riparian owner control. When a riparian owner manually removes aquatic plants from a body of water or uses mechanical devices designed for cutting or mowing vegetation on an exposed lakebed provided that the removal meets all the following conditions:
1. ‘Removal location.’ The removal is conducted on a riparian owner’s parcel adjacent to the body of water.
2. ‘Native plant removal.’ The removal of native aquatic plants is limited to one contiguous area a maximum of 30 feet wide along the parcel’s shoreline, and all of the following conditions are met:
a. Any piers, boatlifts, swim rafts and other recreational and water use devices are located within the 30–foot wide zone.
b. The removal is not in a new area or additional to an area where plants are controlled by another method.
3. ‘Invasive plant removal.’ Invasive aquatic plants are controlled in a manner that does not harm the native aquatic plant community or result in or encourage re-growth of invasive vegetation.
4. ‘Removal limitation.’ The removal is not located in a department designated protection area identified under s. NR 107.07 (7) (i), or in an area known to contain threatened or endangered resources, or floating bogs. 5. ‘Riparian rights.’ The removal does not interfere with the rights of other riparian owners.
6. ‘Wild rice.’ The riparian owner shall follow the procedures under s. NR 19.09 (1) if wild rice is involved. (c) Loose vegetation. When a riparian owner removes dislodged aquatic plants that drift onshore and accumulate along the waterfront.
(d) Incidental control. When a person causes incidental damage, removal, or destruction of aquatic plants when engaged in beneficial water use activities.
