Wis. Admin. Code Department of Natural Resources NR 107.04

Current through September 30, 2024

Section NR 107.04 - Application for permit

(1) Permit applications shall be made on forms provided by the department and shall be submitted to the district director for the district in which the project is located. Any amendment or revision to an application shall be treated by the department as a new application, except as provided in s. NR 107.04(3) (g).

Note: The DNR district headquarters are located at:

1. Southern - 3911 Fish Hatchery Road, Fitchburg 53711

2. Southeast - 2300 N. Dr. Martin Luther King Jr. Dr., Box 12436, Milwaukee 53212

3. Lake Michigan - 1125 N. Military Ave., Box 10448, Green Bay 54307

4. North Central - 107 Sutliff Ave., Box 818, Rhinelander 54501

5. Western - 1300 W. Clairemont Ave., Call Box 4001, Eau Claire 54702

6. Northwest - Hwy 70 West, Box 309, Spooner 54801

(2) The application shall be accompanied by:

(a) A nonrefundable permit application fee of $20, and, for proposed treatments larger than 0.25 acres, an additional refundable acreage fee of $25.00 per acre, rounded up to the nearest whole acre, applied to a maximum of 50.0 acres.

1. The acreage fee shall be refunded in whole if the entire permit is denied or if no treatment occurs on any part of the permitted treatment area. Refunds will not be prorated for partial treatments.

2. If the permit is issued with the proposed treatment area partially denied, a refund of acreage fees shall be given for the area denied.

(b) A legal description of the body of water proposed for treatment including township, range and section number;

(c) One copy of a detailed map or sketch of the body of water with the proposed treatment area dimensions clearly shown and with pertinent information necessary to locate those properties, by name of owner, riparian to the treatment area, which may include street address, local telephone number, block, lot and fire number where available. If a local address is not available, the home address and phone number of the property owner may be included;

(d) A description of the uses being impaired by plants or aquatic organisms and reason for treatment;

(e) A description of the plant community or other aquatic organisms causing the use impairment;

(f) The product names of chemicals proposed for use and the method of application;

(g) The name of the person or commercial applicator, and applicator certification number, when required by s. NR 107.08(5), of the person conducting the treatment;

(h) A comparison of alternative control methods and their feasibility for use on the proposed treatment site.

(3) In addition to the information required under sub. (2), when the proposed treatment is a large-scale treatment exceeding 10.0 acres in size or 10% of the area of the water body that is 10 feet or less in depth, the application shall be accompanied by:

(a) A map showing the size and boundaries of the water body and its watershed.

(b) A map and list identifying known or suspected land use practices contributing to plant-related water quality problems in the watershed.

(c) A summary of conditions contributing to undesirable plant growth on the water body.

(d) A general description of the fish and wildlife uses occurring within the proposed treatment site.

(e) A summary of recreational uses of the proposed treatment site.

(f) Evidence that a public notice of the proposed application has been made, and that a public informational meeting, if required, has been conducted.

1. Notice shall be given in 2 inch x 4 inch advertising format in the newspaper which has the largest circulation in the area affected by the application.

2. The notice shall state the size of the proposed treatment, the approximate treatment dates, and that the public may request within 5 days of the notice that the applicant hold a public informational meeting on the proposed application.

a. The applicant will conduct a public informational meeting in a location near the water body when a combination of 5 or more individuals, organizations, special units of government, or local units of government request the meeting in writing to the applicant with a copy to the department within 5 days after the notice is made. The person or entity requesting the meeting shall state a specific agenda of topics including problems and alternatives to be discussed.

b. The meeting shall be given a minimum of one week advance notice, both in writing to the requestors, and advertised in the format of subd. 1.

(g) The provisions of pars. (a) to (e) shall be repeated once every 5 years and shall include new information. Annual modifications of the proposed treatment within the 5-year period which do not expand the treatment area more than 10% and cover a similar location and target organisms may be accepted as an amendment to the original application. The acreage fee submitted under sub. (2) (a) shall be adjusted in accordance with any proposed amendments.

(4) The applicant shall certify to the department that a copy of the application has been provided to any affected property owners' association, inland lake district, and, in the case of chemical applications for rooted aquatic plants, to any riparian property owners adjacent to and within the treatment area.

(5) A notice of the proposed treatment shall be provided by the department to any person or organization indicating annually in writing a desire to receive such notification.

Wis. Admin. Code Department of Natural Resources NR 107.04

Cr. Register, February, 1989, No. 398, eff. 3-1-89.