Aquatic plant management plans and permit exemptions

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.