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 must obtain a permit under this
section before seeking to control aquatic vegetation through:
(1) chemical;
(2) mechanical;
(3) physical; or
(4) biological; means in waters of the
state.
(b) As provided
under IC 14-22-9-10(a), this section does not apply to a landowner or tenant of
real property adjacent to public waters or boundary waters of the state when
controlling aquatic vegetation in the immediate vicinity of a boat landing or
bathing beach located on or adjacent to the real property of the landowner or
tenant if the following conditions exist:
(1)
Aquatic vegetation is controlled in one (1) contiguous area that is:
(A) six hundred twenty-five (625) square feet
or smaller;
(B) along the legally
established, average, or normal shoreline for twenty-five (25) feet or
less;
(C) where the water depth is
six (6) feet or less.
(2) Aquatic vegetation control efforts are
repeated only within the same area in the same calendar year.
(3) If the vegetation-free area already
exists within the immediate vicinity of a boat landing or bathing beach on the
real property of the landowner or tenant, any aquatic vegetation control
efforts require a permit.
(c) Before obtaining a permit under this
section, a person must complete an application on a departmental form that
includes the following information:
(1) The
common name of the target plants and relative abundance of other dominant
plants in each area to be controlled.
(2) The acreage to be controlled, with
affected areas illustrated on a legible map.
(3) The maximum depth of the water, the
maximum perpendicular distance from shoreline, and the linear distance along
the shoreline where plants are to be treated.
(4) The name and amount of the chemical to be
used in each treatment, if a chemical control is used.
(5) The duration and timing of control
efforts, if controls will be repeated under a single permit.
(6) The location of any water supply intake
that may be adversely affected by the aquatic vegetation control
activities.
(7) The species,
stocking rate, and release location, if a biological control is used.
(8) The type of equipment and location of
disposal area, if a mechanical control is used.
(9) The name and contact information for the
person who will conduct the control effort.
(10) Any other information reasonably
required by the department to effectively review the application.
(d) An applicant for a permit
under this section must demonstrate each of the following to the satisfaction
of the department:
(1) The proposed treatment
is likely to provide effective relief.
(2) The proposed treatment will not result in
any of the following:
(A) A hazard to humans,
animals, or other nontarget organisms.
(B) A significant adverse impact to:
(i) the treated waterway;
(ii) endangered or threatened species;
or
(iii) beneficial organisms
within the treatment area or in adjacent areas, either directly or through
habitat destruction.
(C)
An unreasonable restriction on an existing use of the waterway.
(3) The proposed treatment will
not occur within one hundred fifty (150) feet perpendicular to the shoreline of
a public freshwater lake, along an area classified as a significant wetland
under
312 IAC
11-2-24, except where the applicant demonstrates the
treatment can be conducted without reducing the ecological value of the
area.
(4) The following apply if a
chemical is to be used for aquatic vegetation control:
(A) The chemical is labeled and registered
for this purpose by the United States Environmental Protection
Agency.
(B) Prior written approval
is received from the department of environmental management if the waterway to
be treated is a public drinking water supply.
(e) A permit issued under this section is
limited to:
(1) the terms of the application;
and
(2) conditions imposed on the
permit by the department.
(f) Except as otherwise provided in this
subsection, 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. For a treatment to be performed on a reservoir for drinking water supply
that is owned by a municipality, the posting required under this subsection may
be provided no later than thirty-six (36) hours before the permitted
activity.
(g) A permit holder must
submit a report on a departmental form not later than the seven (7) days
following the control effort, providing the date, location, acreage, and method
used in each area where controls were implemented.
Notes
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No prior version found.