June 9, 2023 - Introduced by Representatives Dallman, Schraa, Brooks, Murphy,
Mursau, Rozar, Sapik, Spiros, Swearingen, Tittl and Tusler, cosponsored by
Senators Feyen, Cowles, Felzkowski, Jacque, Nass, Stroebel and Tomczyk.
Referred to Committee on Environment.
AB318,1,4 1An Act to amend 23.24 (2) (a) 1., 23.24 (2) (a) 2., 23.24 (2) (c) 7., 23.24 (3) (b) and
223.24 (3) (c); and to create 23.24 (1) (je), 23.24 (4) (b) 5. and 23.24 (4) (b) 6. of
3the statutes; relating to: aquatic plant management plans and permit
4exemptions.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes relating to the control of aquatic plants
using chemicals or biological agents.
Current law requires the Department of Natural Resources to establish a
program for the waters of this state that meets several goals, including
implementing efforts to protect and develop native aquatic plants and regulate how
aquatic plants are managed. The bill requires that DNR efforts to protect native
aquatic plants rely on widely accepted methods supported by peer-reviewed science
to suppress or eradicate invasive or nuisance aquatic plants. The bill also requires
that DNR plans to regulate aquatic plants ensure invasive and nuisance aquatic
plants are suppressed or eradicated to the greatest extent possible.
Under current law, subject to exceptions, a person may not control aquatic
plants in waters of the state by the use of chemicals or the introduction of biological
agents without a valid aquatic plant management permit issued by DNR. As a
condition of receiving an aquatic plant management permit, DNR may require the
applicant to submit a plan for how aquatic plants will be introduced, removed, or
controlled. The bill provides that DNR must give equal consideration to plans that
will suppress or eradicate invasive or nuisance aquatic plants by use of chemicals

and provides that the plan requirements may not impose an undue financial burden
on permit applicants or property owners.
The bill also creates exemptions from the permit requirement for the
introduction of chemicals or biological agents to a private pond, which the bill defines
as “a surface water less than 10 acres in size that is surrounded by the private
property of one or more owners, with no public access to the water, and that has either
no surface water discharge or surface water discharge that can be controlled.” Under
the bill, a person who applies a chemical treatment to a private pond to suppress or
eradicate invasive or nuisance aquatic plants is exempt if the person is certified as
a commercial applicator by the Department of Agriculture, Trade and Consumer
Protection in the aquatic and mosquito pest control category, follows U.S.
Environmental Protection Agency standards for chemical type and use, and meets
notification and record-keeping requirements. The bill also exempts a person who
applies to a private pond a biological agent to improve water quality at a
concentration that does not cause acute or chronic toxicity for aquatic organisms or
a dye that is not labeled for herbicide use.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB318,1 1Section 1. 23.24 (1) (je) of the statutes is created to read:
AB318,2,52 23.24 (1) (je) “Private pond” means a surface water less than 10 acres in size
3that is surrounded by the private property of one or more owners, with no public
4access to the water, and that has either no surface water discharge or surface water
5discharge that can be controlled.
AB318,2 6Section 2. 23.24 (2) (a) 1. of the statutes is amended to read:
AB318,2,107 23.24 (2) (a) 1. Implement efforts to protect and develop diverse and stable
8communities of native aquatic plants using widely accepted methods that are
9supported by peer-reviewed science to suppress or eradicate invasive or nuisance
10aquatic plants
.
AB318,3 11Section 3. 23.24 (2) (a) 2. of the statutes is amended to read:
AB318,3,3
123.24 (2) (a) 2. Regulate how aquatic plants are managed to ensure invasive
2or nuisance aquatic plants are suppressed or eradicated to the greatest extent
3possible
.
AB318,4 4Section 4. 23.24 (2) (c) 7. of the statutes is amended to read:
AB318,3,75 23.24 (2) (c) 7. The requirements for plans that the department may require
6under sub. (3) (b). Plan requirements may not impose an undue financial burden on
7permit applicants or property owners.
AB318,5 8Section 5. 23.24 (3) (b) of the statutes is amended to read:
AB318,3,149 23.24 (3) (b) The department may require that an application for an aquatic
10plant management permit contain a plan for the department's approval as to how the
11aquatic plants will be introduced, removed, or controlled. The department shall give
12equal consideration to plans that will suppress or eradicate invasive or nuisance
13aquatic plants by use of chemicals that have been labeled and registered for aquatic
14plant control by the U.S. environmental protection agency.
AB318,6 15Section 6. 23.24 (3) (c) of the statutes is amended to read:
AB318,3,2016 23.24 (3) (c) The department may promulgate a rule to establish fees for
17aquatic plant management permits. Under the rule, the department may establish
18a different fee for an aquatic plant management permit to manage aquatic plants
19that are located in a body of water that is entirely confined on the property of one
20private property owner owners.
AB318,7 21Section 7. 23.24 (4) (b) 5. of the statutes is created to read:
AB318,3,2422 23.24 (4) (b) 5. A person who applies a chemical treatment to a private pond
23to suppress or eradicate invasive or nuisance aquatic plants if all of the following
24apply:
AB318,4,3
1a. The person is certified as a commercial applicator by the department of
2agriculture, trade and consumer protection in the aquatic and mosquito pest control
3category.
AB318,4,54 b. The person uses only those chemicals that have been labeled and registered
5for aquatic plant control by the U.S. environmental protection agency.
AB318,4,76 c. The person follows U.S. environmental protection agency label directions for
7appropriate application methods and rates.
AB318,4,108 d. If the private pond abuts multiple parcels, the owners of all parcels that abut
9the private pond have been notified of the application of the chemical treatment to
10the private pond.
AB318,4,1311 e. The person retains for a period of not less than 2 years a record of any
12pesticide the person applies to the private pond. All records retained under this subd.
135. e. shall be made available to the department for inspection upon request.
AB318,8 14Section 8. 23.24 (4) (b) 6. of the statutes is created to read:
AB318,4,1715 23.24 (4) (b) 6. A person who applies to a private pond a biological agent to
16improve water quality at a concentration that does not cause acute or chronic toxicity
17for aquatic organisms or a dye that is not labeled for herbicide use.
AB318,4,1818 (End)
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