Section 109.05. Permit issuance.

 

(1)  The department shall issue or deny issuance of the requested permit within 15 working days after receipt of a completed application and approved plan as required under s. NR 109.04 (3) .

(2)  The department may specify any of the following as conditions of the permit:

(a) The quantity of aquatic plants that may be introduced or controlled.

(b) The species of aquatic plants that may be introduced or controlled.

(c) The areas in which aquatic plants may be introduced or controlled.

(d) The methods that may be used to introduce or control aquatic plants.

(e) The times during which aquatic plants may be introduced or controlled.

(f) The allowable methods used for disposing of or using aquatic plants that are removed or controlled.

(g) Annual or other reporting requirements to the department that may include information related to pars. (a) to (f) .

(3)  The department may deny issuance of the requested permit if the department determines any of the following:

(a) Aquatic plants are not causing significant impairment of beneficial water use activities.

(b) The proposed introduction or control will not remedy the water use impairments caused by aquatic plants as identified as a part of the application in s. NR 109.04 (2) (e) .

(c) The proposed introduction or control will result in a hazard to humans.

(d) The proposed introduction or control will cause significant adverse impacts to threatened or endangered resources.

(e) The proposed introduction or control will result in a significant adverse effect on water quality, aquatic habitat or the aquatic community including the native aquatic plant community.

(f) The proposed introduction or control is in locations identified by the department as sensitive areas, under s. NR 107.05 (3) (i) 1. , except when the applicant demonstrates to the satisfaction of the department that the project can be conducted in a manner that will not alter the ecological character or reduce the ecological value of the area.

(g) The proposed management will result in significant adverse long-term or permanent changes to a plant community or a high value species in a specific aquatic ecosystem. High value species are individual species of aquatic plants known to offer important values in specific aquatic ecosystems, including Potamogeton amplifolius, Potamogeton Richardsonii, Potamogeton praelongus, Stuckenia pectinata (Potamogeton pectinatus), Potamogeton illinoensis, Potamogeton robbinsii, Eleocharis spp., Scirpus spp., Valisneria spp., Zizania spp., Zannichellia palustris and Brasenia schreberi.

(h) If wild rice is involved, the stipulations incorporated by Lac Courte Oreilles v. Wisconsin , 775 F. Supp. 321 (W.D. Wis. 1991) shall be complied with.

(i) The proposed introduction or control will interfere with the rights of riparian owners.

(j) The proposed management is inconsistent with a department approved aquatic plant management plan for the body of water.

(4)  The department may approve the application in whole or in part consistent with the provisions of sub. (3) . A denial shall be in writing stating the reasons for the denial.

(5)  

(a) The department may issue an aquatic plant management permit on less than one acre in a single riparian area for a 3-year term.

(b) The department may issue an aquatic plant management permit for a one-year term for more than one acre or more than one riparian area. The permit may be renewed annually for up to a total of 3 years in succession at the written request of the permit holder, provided no modifications or changes are made from the original permit.

(c) The department may issue an aquatic plant management permit containing a department-approved plan for a 3 to 5 year term.

(d) The department may issue an aquatic plant management permit to a licensed nursery grower for a 3-year term for the harvesting of aquatic plants from a publicly owned lake bed or for a 5-year term for harvesting of aquatic plants from privately owned beds with the permission of the property owner.

(6)  The approval of an aquatic plant management permit does not represent an endorsement of the permitted activity, but represents that the applicant has complied with all criteria of this chapter.

CR 02-061 : cr. Register May 2003 No. 569 , eff. 6-1-03; reprinted to restore dropped language from rule order, Register October 2003 No. 574 .