Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1. [Repealed, 33 SR 1721]
Subp.
1a.
Submersed aquatic plant control restrictions for
riparian property owners and lessees.
The commissioner may issue an APM permit to a person who is an
owner, lessee, or easement holder of land adjacent to a public water or to the
agent of the owner, lessee, or easement holder to control submersed aquatic
plants on up to 100 feet or one-half of the length of the person's shoreline,
whichever is less, with the following exceptions:
A. for properties with less than 70 shoreline
feet, up to 35 feet of shoreline may be controlled;
B. control may be allowed on more than 100
feet of shoreline owned or leased by resorts, commercial campgrounds,
apartments, condominium complexes, townhouse associations, government units,
and marinas; and
C. control may be
allowed on up to the entire shoreline owned or leased by a person if the
proposed method is selective for invasive aquatic plants.
Subp. 2. [Repealed, 33 SR 1721]
Subp. 2a.
Aquatic plant control in
offshore areas.
The commissioner may issue an APM permit for offshore control
subject to the provisions in subparts 3, item B, and 4.
Subp. 3.
Mechanical control
restrictions.
Mechanical control of aquatic plants is subject to the
following conditions:
A. a person who
mechanically controls aquatic plants in a public water must immediately and
permanently remove the vegetation from the water and dispose of it above the
ordinary high water level;
B.
permitted mechanical control may not exceed 50 percent of the total littoral
area as determined by the commissioner, nor can the sum of permitted mechanical
and pesticide control exceed 50 percent of the littoral area;
C. control methods may not excavate or
substantially alter the course, current, or cross-section of public
waters;
D. a person must conduct
mechanical control in the same location each year unless the person obtains an
APM permit authorizing a change in location;
E. a person may not place an automated
aquatic plant control device in a public water unless the sticker provided with
the APM permit is attached to the device, the person's dock, or another nearby
location as described in the permit;
F. automated aquatic plant control devices
may not be used if the bottom is predominantly soft sediment with an average
depth of three inches or more; and
G. hydraulic jets and suction dredges may not
be used.
Subp. 4.
Pesticide control restrictions.
A. Pesticide control of aquatic plants in
public waters may not exceed 15 percent of the littoral area, except that on
waters that are 20 acres or less, pesticide control may be permitted on up to
five acres or one-half the surface area of the pond, whichever is less. These
limitations do not apply in the circumstances described in item B.
B. Larger percentages of the littoral area
shall be treated at the discretion of the commissioner when authorized by
permits issued prior to 1976. The waters affected by this provision are:
Sunfish Lake in Dakota County; Cedar Island and Lost Lakes and Carson's and St.
Louis Bays of Lake Minnetonka in Hennepin County; and Johanna, Owasso, Gervais,
and McCarron Lakes in Ramsey County.
C. Item B expires five years after the
effective date of this item. Before the expiration of item B, the commissioner
shall develop a lake vegetation management plan as provided under part
6280.1000, subpart 2, for each of the waters listed in item B. The commissioner
shall provide opportunities for the public to participate in the planning
process, including a notice or news release in a local newspaper, at least one
public meeting, and a 30-day comment period.
Subp. 5. [Repealed, 33 SR 1721]
Subp. 6. [Repealed, 33 SR 1721]
Statutory Authority: MS s
103G.615
