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AQUATIC PLANT CONTROL PERMIT REGULATIONS Indiana Department of Natural Resources
Note: In addition to a permit from IDNR, public water supplies cannot be treated without prior written approval from the IDEM Drinking Water Section. Amended state statute adds biological and mechanical control (use of weed harvesters) to the permit requirements, reduces the area allowed for treatment without a permit to 625 sq ft, and updates the reference to IDEM. These changes become effective on July 1, 2002.
Chapter 9. Regulation of Fishing IC 14 22 9 10 Sec. 10. (a) This section does not apply to the following: (1) A privately owned lake, farm pond, or public or private drainage ditch. (2) A landowner or tenant adjacent to public waters or boundary waters of the state, who chemically, mechanically, or physically controls aquatic vegetation in the immediate vicinity of a boat landing or bathing beach on or adjacent to the real property of the landowner or tenant if the following conditions exist: (A) The area where vegetation is to be controlled does not exceed: (i) twenty-five (25) feet along the legally established, average, or normal shoreline; (ii) a water depth of six (6) feet; and (iii) a total surface area of six hundred twenty-five (625) square feet. (B) Control of vegetation does not occur in a public waterway of the state. (b) A person may not chemically, mechanically, physically, or biologically control aquatic vegetation in the public waters or boundary waters of the state without a permit issued by the department. All procedures to control aquatic vegetation under this section shall be conducted in accordance with rules adopted by the department under IC 4 22 2. (c) Upon receipt of an application for a permit to control aquatic vegetation and the payment of a fee of five dollars ($5), the department may issue a permit to the applicant. However, if the aquatic vegetation proposed to be controlled is present in a public water supply, the department may not, without prior written approval from the department of environmental management, approve a permit for control of the aquatic vegetation. (d) This section does not do any of the following: (1) Act as a bar to a suit or cause of action by a person or governmental agency. (2) Relieve the permittee from liability, rules, restrictions, or permits that may be required of the permittee by any other governmental agency. (3) Affect water pollution control laws (as defined in IC 13 11 2 261) and the rules adopted under water pollution control laws (as defined in IC 13 11 2 261). As added by P.L.1 1995, SEC.15. Amended by P.L.1 1996, SEC.64.
312 IAC 9-10-3 Aquatic vegetation control permits Authority: IC 14-22-2-6; IC 14-22-9-10 Affected: IC 14-22-9-10 Sec. 3. (a) Except as provided under IC 14-22-9-10(a), a person shall obtain a permit under this section before applying a substance to waters of this state to seek aquatic vegetation control. (b) An application for an aquatic vegetation control permit shall be made on a departmental form and must include the following information: (1) The common name of the plants to be controlled. (2) The acreage to be treated. (3) The maximum depth of the water where plants are to be treated. (4) The name and amount of the chemical to be used. (c) A permit issued under this section is limited to the terms of the application and to conditions imposed on the permit by the department. (d) Five (5) days before the application of a substance permitted under this section, the permit holder must post clearly, visible signs at the treatment area indicating the substance that will be applied and what precautions should be taken. (e) A permit issued under this section is void if the waters to be treated are supplied to the public by a private company or governmental agency. (Natural Resources Commission; 312 IAC 9-10-3; filed May 12, 1997, 10:00 a.m.: 20 IR 2728) |
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