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.