Wis. Admin. Code Department of Natural Resources NR 109.06

Current through October 28, 2024

Section NR 109.06 - Waivers

The department waives the permit requirements under this chapter for any of the following:

(1) Manual removal or use of mechanical devices to control or remove aquatic plants from 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.

Note: A person who introduces native aquatic plants or removes 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 is not required to obtain a permit for the activities.

(2) A riparian owner who manually removes aquatic plants from a body of water or uses mechanical devices designed for cutting or mowing vegetation to control plants on an exposed lake bed that abuts the owner's property provided that the removal meets all of the following:

(a)

1. Removal of native plants is limited to a single area with a maximum width of no more than 30 feet measured along the shoreline provided that any piers, boatlifts, swimrafts and other recreational and water use devices are located within that 30-foot wide zone and may not be in a new area or additional to an area where plants are controlled by another method; or

2. Removal of nonnative or invasive aquatic plants as designated under s. NR 109.07 when performed in a manner that does not harm the native aquatic plant community; or

3. Removal of dislodged aquatic plants that drift on-shore and accumulate along the waterfront.

(b) Is not located in a sensitive area as defined by the department under s. NR 107.05(3) (i) 1., or in an area known to contain threatened or endangered resources or floating bogs.

(c) Does not interfere with the rights of other riparian owners.

(d) If wild rice is involved, the procedures of s. NR 19.09(1) shall be followed.

(4) Control of purple loosestrife by manual removal or use of mechanical devices when performed in a manner that does not harm the native aquatic plant community or result in or encourage re-growth of purple loosestrife or other nonnative vegetation.

(5) Any aquatic plant management activity that is conducted by the department and is consistent with the purposes of this chapter.

(6) 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.

Note: Scientific collectors permit requirements are still applicable.

(7) Incidental cutting, removal or destroying of aquatic plants when engaged in beneficial water use activities.

Wis. Admin. Code Department of Natural Resources NR 109.06

CR 02-061: cr. Register May 2003 No. 569, eff. 6-1-03.