Subpart
1.
Application process.
Application for an APM permit for a public water may be made by
a riparian owner, a lessee, or an easement holder; by owners of a fee,
leasehold, or interest to riparian lands to that body of water; or by a lake
association or government agency. The commissioner shall deny a lessee's permit
application if the owner of the leased shoreline is opposed to the proposed
permit. Application for an APM permit must be made on forms provided by the
commissioner and must be submitted to the address specified in the
instructions. All information requested on the application form must be
provided.
Subp. 1a.
Landowner approval.
Before issuing an APM permit, the commissioner shall require
dated signatures of approval from all landowners whose shorelines will be
treated, except that for lakewide control of algae, the commissioner shall
require dated signatures of approval from a majority of landowners on the lake.
The signatures may be provided in an electronic format.
Subp. 1b.
Landowner approval
waiver.
The requirements for landowner approval in subpart 1a may be
waived if the commissioner determines that aquatic plant control is necessary
to protect aquatic habitat.
Subp.
2.
Deadline for permit application.
Applications for permits to control submersed or floating-leaf
aquatic plants with pesticides will not be accepted after August 1, unless the
commissioner determines that sufficient justification exists for late season
pesticide control.
Subp. 3.
Duration of permits.
An APM permit is valid for one growing season and expires on
December 31 of the year it is issued, unless the commissioner stipulates a
different expiration date in the permit or except as provided in this
subpart:
A. an APM permit that is
valid until September 1 of the third year after it is issued may be authorized
for an automated aquatic plant control device if the site to be controlled does
not exceed 2,500 square feet in area;
B. a continuous
APM permit may be issued to
control emergent vegetation to create a channel extending to open water if the
following criteria are met:
(1) the channel
is no more than 15 feet wide and takes the most direct route to open
water;
(2) the channel remains in
the same location from year to year; and
(3) only mechanical control is used after the
first year; and
C. a
permit to transplant aquatic plants may be issued for three years.
Subp. 3a.
APM permits not
transferable.
A person may not transfer an APM permit to another
person.
Subp. 3b.
Control notice.
The holder of an APM permit or the holder's agent must give
notice of the proposed date of control to all persons specified on the permit.
The notification must be received before any work begins under the permit.
Failure to give notice is grounds for permit revocation under part 6280.0900,
subpart 1a.
Subp. 4.
APM permit application fees.
Items A to C apply to APM permit fees.
A. When application is made to control two or
more nuisance conditions, only the larger fee applies. A permit application
fee, in the form of a check or money order payable to the Minnesota Department
of Natural Resources, must accompany each permit application when required by
the following fee schedule:
(1) to control
rooted aquatic vegetation by pesticide means, to install and operate an
automatic untended aquatic plant control device, or to control emergent or
floating-leaf rooted aquatic vegetation by mechanical means: $35 for each
contiguous parcel of shoreline owned by an owner, up to a maximum of
$2,500;
(2) except as provided
under subitems (6) and (7), to control nonrooted aquatic vegetation by
pesticide means: $20 for each contiguous parcel of shoreline owned by an owner,
up to a maximum of $200;
(3) to
control submerged rooted aquatic vegetation in an area larger than 2,500 square
feet, by mechanical means: $35 for the first acre or portion of an acre and $2
for each additional acre or portion of an acre to be controlled, up to a
maximum of $2,500;
(4) to gather or
harvest aquatic macrophytes or plant parts, other than wild rice, for sale
purposes: no charge;
(5) to
transplant aquatic macrophytes or bog into public waters: no charge;
(6) to control chara, filamentous algae,
snails that carry swimmer's itch, or leeches, singly or in combination: $4 per
100 shoreline feet or portion proposed to be treated, up to a maximum of
$200;
(7) to control algae by
lakewide application of copper sulfate or other approved algicide: $20 plus 40
cents per acre to be treated, up to a maximum of $200; and
(8) to control purple loosestrife
(Lythrum salicaria): no charge.
B. If the fee does not accompany the
application, the applicant will be notified and no action will be taken on the
application until the fee is received.
C. The fee is refundable only when the
application is withdrawn, prior to issuance of the permit, or the commissioner
determines that the activity does not require a permit.
Subp. 5.
Fees for state and federal
agencies.
The fees set forth in this part will not be required of any
state agency as defined in Minnesota Statutes, section
15.01,
or of any federal agency.
Subp.
6.
Annual report.
The commissioner shall require a person who conducts activities
under an APM permit, commercial mechanical control permit, or commercial
aquatic pest control license to report, no later than December 31 of each year,
on the forms provided, information on permitted operations. Failure to report
will be grounds for refusing to issue such permits in the future.
Subp. 7.
Regulations of
other programs apply.
APM permits issued as provided by this part may not be
construed to supersede the requirements of shoreland conservation ordinances,
flood plain management ordinances, lake management plans and programs, wild and
scenic river plans and programs, or other pertinent ordinances and
regulations.
