Although aquatic plants are a natural component of every aquatic ecosystem, excessive plant growth can sometimes be a nuisance for riparian property owners and other lake users. A few species of aquatic plants, such as Eurasian watermilfoil, are not native to the Great Lakes region and can significantly alter the aquatic ecosystem if left unchecked. Permits are required to chemically control nuisance aquatic plants, algae, and swimmer's itch. Program staff regulate the use of pesticides through the permit process. Each application for a permit must undergo a thorough review to assess the environmental impact to the waterbody, and any human health and safety issues. Program staff also review new chemical products proposed for use in Michigan waters, survey Michigan lakes to determine the composition of the native plant community and any presence of exotic plant species, and seek to educate riparian property owners about the management of aquatic plants and a variety of related lake management issues.
Post the area or areas of impact before chemical treatment. All of the following posting requirements apply:
Signs shall be of a brilliant color and made of durable material. Minimum sign dimensions shall be 14 inches by 11 inches and shall be attached to a supporting device with the bottom of the sign extending not less than 12 inches above the ground surface.
Posting signs shall be placed in the following locations unless the department determines that the locations are impractical or infeasible based upon a written request from an applicant which includes an explanation of the necessity for alternative posting locations and a description of the proposed posting locations:
(A) For an area or areas of impact that total less than 2 acres, signs shall be placed along the shoreline of the areas of impact not more than 100 feet apart. Riparian lands adjacent to the area shall also be posted, if permitted by the riparian owner.
(B) For an area of impact that is greater than or equal to 2 acres, posting signs shall be posted as in paragraph (ii)(A) of this subdivision. In addition, all access sites, boat launching areas, and private and public parks located on the water-body shall be posted conspicuously, such as at the entrances, boat ramps, and bulletin boards, if permitted by their managers or owners. If the access sites, launching areas, and parks are not to be treated or are not adjacent to the areas of impact, then the signs shall clearly indicate the location of the areas of impact and shall contain the other information specified in paragraph (iii) of this subdivision.
At a minimum, posting signs shall include all of the following information:
(A) The permit number.
(B) The name of the waterbody.
(C) The date of treatment.
(D) The name, address, and telephone number of the person conducting the treatment.
(E) The name of the chemical or chemicals used and the restrictions on the use of treated water pursuant to the permit.
(F) The expiration date of water use restrictions for each chemical used during treatment.
(G) The phrase "do not remove posting signs or maps until all water use restrictions have expired."
Fluridone use:
The department may issue permits for the use of a liquid formulation of fluridone as a spring treatment to control Eurasian watermilfoil, as follows:
(a) A permit may be issued if the department determines that both of the following provisions apply:
(i) There is widespread distribution of Eurasian watermilfoil in the lake.
(ii) The abundance of Eurasian watermilfoil causes it to be an aquatic nuisance.
(b) An application shall include information necessary for the department to make the determination under subdivision (a) of this subrule, including an aquatic vegetation survey performed in August or September of the year before the proposed fluridone application and corresponding survey data analysis. The aquatic vegetation survey and data analysis shall be performed according to methods that have been approved by the department before submittal of a permit application.
(c) A permit or permit amendment shall not authorize a lake water fluridone concentration to be more than 6 parts per billion.
(d) The department may amend a permit to authorize an additional treatment 14 to 21 days following initial treatment, if the average fluridone concentration of all surface samples taken 13 to 15 days after treatment is less than 5 parts per billion.
The department may issue permits for the evaluation of uses of fluridone other than as a spring treatment to control Eurasian watermilfoil.
An applicant proposing chemical treatment of a waterbody using fluridone shall provide a lake management plan as described in R 323.3104(2).
As a condition of all permits authorizing the use of fluridone, the department shall require the permittee to perform the activities listed in R 323.3106(j), (k), and (l).
The department shall not issue a permit for the use of fluridone in the same waterbody more than once in any 3-year period, unless either of the following provisions applies:
(a) The department determines, in the year of treatment, that a fluridone treatment failed to control Eurasian watermilfoil.
(b) A use of fluridone approved by the department pursuant to subrule (2) of this rule explicitly includes the use of fluridone in more than 1 year during a 3-year period.
Chemical control of aquatic nuisance species is regulated and almost always requires a permit from the Michigan Department of Environmental Quality (MDEQ). However, the administrative rules grant authority to a landowner to chemically treat a pond without a paper permit (“permit-by-rule”) if the pond meets ALL of the following criteria:
- No outlet
- No record of State or Federal endangered or threatened species, pursuant to part 365 of 1994 PA 451.
- Surface area less than 10 acres
- Bottomlands are owned by either one person, or more than one person and written permission is obtained from each property owner.
A permit is generally not required from the MDEQ to control aquatic vegetation by mechanical harvesting. For example, manual pulling, raking or cutting of vegetation does not require a permit. However, mechanical harvesting may require a permit if the activity is conducted in a waterbody under the jurisdiction of the United States Army Corps of Engineers. In addition, a use permit or authorization may be necessary from the Michigan Department of Natural Resources (MDNR) to use a state operated access site for this activity. Also, disposal of harvested material to inland lakes or wetlands is illegal without approval from the MDEQ and/or local unit of government.
A permit is generally not required from the State of Michigan for most methods of biological control of aquatic plants. Examples include weevil and beetle introduction for Eurasian water milfoil and Purple loosestrife control. However, the introduction of banned species (e.g., grass carp) to control plant growth is illegal in the State of Michigan. Contact your local MDNR office for further information.
Please contact your local units of government, including counties and townships, as they may have additional requirements or restrictions covering these activities.
PERMIT APPLICATION FORMS TO CONTROL NUISANCE AQUATIC PLANT AND/OR ALGAE GROWTH
Below is an excerpt of the law Act 451 of 1994 PART 33 of the AQUATIC NUISANCE CONTROL with all information that is required in the State of Michigan.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)