Aquatic Nuisance Control PermitsAgency: Environmental Quality
The Water Resources Division (WRD), Permits Section, Aquatic Nuisance Control program, within the Department of Environmental Quality (MDEQ), has the responsibility for issuing permits for the application of pesticides in waters of the state to control aquatic nuisances under the authority of Part 33, Aquatic Nuisance Control, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The purpose of the permit is to regulate aquatic nuisance control projects so that such work will be conducted during certain times, under certain conditions, and with safeguards as are necessary to protect the public health, welfare, and trust in the aquatic environment.
A. NAME OF PERMIT OR APPROVAL:
Permit for pesticide application to surface waters of the State of Michigan
B. STATUTORY AUTHORITY:
Part 33, Aquatic Nuisance Control, Natural Resources and Environmental Protection Act (NREPA), Public Act 451 of 1994, as amended
C. APPLICABLE REGULATION:
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
1. Applicability (activities that require the permit)
Any chemical treatment for the purpose of aquatic nuisance control in the Great Lakes and Lake St. Clair where the area of impact is exposed bottomland located below the ordinary high water mark; or waters of the state, except ponds, which are defined as a small body of standing water without a permanent or intermittent outlet, which has a surface area of less than ten acres, no record of threatened or endangered species, and is owned by a single individual or corporation, or is owned by more than one person and written permission for the proposed chemical treatment has been obtained.
2. Pre-Application Requirements
- Treatment is restricted to the area which is described in the permit and which is either under the legal control of the applicant or under the legal control of parties who have granted the applicant permission to perform the treatment.
- A chemical employed for aquatic nuisance control must be registered with the U.S. Environmental Protection Agency and the Michigan Department of Agriculture and Rural Development for the nuisance control activity for which it is proposed.
3. Application Submission Requirements
Completed application form including:
- Location of waters to be treated, including county, township, range, and section numbers
- Size of water body
- Dimensions of treatment area(s)
- Trade name or brand of chemical(s) to be applied and proposed application rate for each chemical requested
- Target Species
- Approximate date(s) when material will be applied
- Name of person responsible for treatment
- Names, addresses, and telephone numbers of other contact individuals
- Map showing treatment area, outlets, inlets, parks, water level control structures, access sites, wetlands
- Signature certification
- Contract with customer (if applicable)
- Lakewide management plan (if whole lake treatment is proposed)
If the proposed treatment is identical to a treatment permitted in a previous year and a long-form application has been submitted within the previous four years, the applicant is eligible to use the expedited application form. The information required on the expedited form includes:
- Name of person responsible for treatment
- Water body name
- Initial permit number
- Signature certification
4. Procedures and Time-Frame for Obtaining Permit or Approval
- Upon receipt of the permit application (MiWaters) by WRD, the forms are checked for completeness. If additional information is required, the individual or company is contacted by fax, letter, or e-mail to obtain the necessary information.
- The complete application is reviewed to determine if the proposed pesticide is appropriate for the specified nuisance and whether the proposed treatment would result in a public health hazard, economic or recreational loss, or would have unacceptable negative impacts to natural resources. The pesticide and application rate are listed on the permit form along with the permit number, water use restrictions, posting and notification requirements, and other pertinent permit conditions. The permit when issued is valid for the remainder of the calendar year in which it is issued.
- The Water Resources Division is required to make a permit decision within 30 working days of receipt of an administratively complete application. Alternatively, the permit decision must be made by April 15, whichever is later. Some projects qualify for a certificate of coverage rather than an individual permit. In this circumstance, a permit decision is made within 15 working days of receipt of an administratively complete application (or by April 15, whichever is later).
5. Operational Requirements
Where required, an owner of any waterfront property whose bottomlands are within the treated area or within 100 feet of the treated area, must be given notice by the applicant of the proposed treatment, in writing, not less than seven days and not more than 45 days prior to the initial treatment.
Treated areas must be posted according to established rules. The permittee must complete and return a treatment report form provided by the MDEQ on or before November 1st of the year in which the permit was issued.
Fees are based on the size of the proposed treatment area.
- For treatment of areas less than ½ acre, the required fee is $75.00.
- For treatment of areas of ½ acre or more but less than 5 acres, the required fee is $200.00.
- For treatment of areas of 5 acres or more but less than 20 acres, the required fee is $400.00.
- For treatment of areas of 20 acres or more but less than 100 acres, the required fee is $800.00.
- For treatment of areas of 100 acres or more, the required fee is $1,500.00.
- Application fees for a Certificate of Coverage are $75.00.
7. Appeal Process
The department has authority to consider permit amendments. There is no provision for contested case hearings. Appeal would be to the circuit court of the county of which the applicant is a resident or to the circuit court of Ingham County.
8. Public Input Opportunities
- The permit decision makers for issuance of most permits are the aquatic nuisance control staff. General permits with state-wide applicability are signed by Chief of the Inland Lakesand Remedial Action Unit. The program has an online permit tracking system (www.deq.state.mi.us/ancpa) that identifies when MDEQ receives an application and tracks permit processing through permit issuance. Public comment should be submitted as soon as possible after the MDEQ has posted receipt of the application on the site. The MDEQ maintains a notification database so that any member of the public can request and receive notification of a permit application for any specific lake.
- If a lake is under the jurisdiction of a Lake Board or a Special Assessment District created under the Township Act, the Lake Boardor Township may notify the residents of permit actions in various ways (e.g., meeting minutes, newsletters). If a lake is not under the jurisdiction of a Lake Boardor Special Assessment District, any landowner with control over bottomlands affected by the permit must provide written consent prior to the treatment being conducted.
F. ADMINISTERING AGENCY:
Water Resources Division, Permits Section, Aquatic Nuisance Control program, Michigan Department of Environmental Quality, P.O. Box 30458, Lansing, Michigan 48909-7958
- Program Phone: 517-284-5593
- Program Webpage: www.michigan.gov/deq/0,4561,7-135-3313_3681_3710---,00.html
- Environmental Assistance Center: 1-800-662-9278, e-mail: firstname.lastname@example.org