DEPARTMENT OF ENVIRONMENTAL QUALITY  
LAND AND WATER MANAGEMENT DIVISION  
INLAND LAKES AND WETLANDS UNIT  
AQUATIC NUISANCE CONTROL  
(By authority conferred on the department of environmental quality by section  
12561(3) of 1978 PA 368, MCL 333.12561)  
R 323.3101 Definitions.  
Rule 1. As used in these rules:  
(a) "Act" means 1978 PA 368, MCL 333.12561 et seq.  
(b) "Active ingredient" means an ingredient that will prevent, destroy, repel, or  
control target organisms, act as a plant regulator, defoliant, or desiccant, or otherwise  
alter the behavior of plants or chemicals.  
(c) "Algae" means any of the group of nonvascular aquatic plants which do not  
have stems, flowers, leaves, and roots, and which are single-celled, colonial, or  
filamentous forms.  
(d) "Applicant" means any of the following entities:  
(i) A person who is the bottomland owner.  
(ii) A lake board established under part 309 of 1994 PA 451.  
(iii) A state or local government.  
(iv) A person who has written authorization to act on behalf of an entity specified  
in this subdivision.  
(e) "Aquatic nuisance" means any organism which lives or propagates, or both,  
within the aquatic environment and which impairs the use or enjoyment of the waters of  
the state, including the intermediate aquatic hosts for schistosomes that cause  
swimmers' itch.  
(f) "Aquatic vegetation" means both algae and higher aquatic plants.  
(g) "Area of impact" means the area within a waterbody where target organisms  
may be adversely affected or destroyed.  
(h) "Certificate of coverage" means written authorization from the department  
to implement a project under a general permit.  
(i) "Chemical" means any product designed to control, aid in the control, eliminate,  
or restrict the growth of aquatic nuisances.  
(j) "Commercial applicator" means a person who is required to be a registered  
or certified applicator under part 83 of 1994 PA 451, who uses or supervises the use of a  
restricted use pesticide, or holds himself or herself out to the public as being in the  
business of applying pesticides.  
(k) "Department" means the Michigan department of environmental quality.  
(l) "Director" means the director of the department.  
(m) "Emergency notification procedure" means  
a
department-approved  
procedure submitted annually by a commercial applicator, or state or local government,  
Page 1  
which provides a description of all available means of contact, such as home telephone  
number, business telephone number, mobile telephone number, or pager number.  
(n) "EPA" means the United States environmental protection agency.  
(o) "FIFRA" means the federal insecticide, fungicide and rodenticide act, as  
amended, being 7 U.S.C. ยงยง136 to 136(y).  
(p) "Fluridone"  
pyridinone.  
means 1-methyl-3-phenyl-5-[3-(trifluoromethyl)phenyl]-4(1h)-  
(q) "General permit" means a permit for a category of activities that the department  
determines will not negatively impact human health and will have no more than  
minimal short-term adverse impacts on the natural resources and environment.  
(r) "Higher aquatic plant" means any of a group of vascularized plants which  
have true stems, flowers, leaves, and roots, which live in water, and which belong to the  
class angiospermae.  
(s) "Littoral zone" means the area of a waterbody from the water's edge to the limit  
of the depth of light penetration where rooted aquatic vegetation typically grows.  
(t) "Outlet" means any natural or artificially created watercourse or structure  
which allows passage of water out of a waterbody into other surface waters of the state,  
in an intermittent or continuous flow.  
(u) "Person" means any of the following entities:  
(i) An individual.  
(ii) Sole proprietorship.  
(iii) Partnership.  
(iv) Corporation.  
(v) Municipality.  
(vi) This state.  
(vii) An instrumentality or agency of this state.  
(viii) The federal government.  
(ix) An instrumentality or agency of the federal government.  
(x) Another legal entity.  
(v) "Pesticide" means a substance or mixture of substances intended for  
preventing, destroying, repelling, or mitigating aquatic nuisances.  
(w) "Swimmers' itch" means the inflammation of a swimmer's skin resulting from  
an allergic reaction to the penetration of the skin by the immature stages of blood  
fluke parasites which live a part of their life cycle in certain aquatic snails.  
(x) "Waters of the state" means groundwaters, lakes, ponds, rivers, streams, and  
wetlands and all other watercourses and waters within the jurisdiction of this state  
and also the great lakes bordering this state. For the purposes of these rules, "waters of  
the state" may also be referred to as a waterbody.  
History: 1979 AC; 2003 AACS.  
R 323.3102 Activities requiring a permit or certificate of coverage.  
Rule 2. (1) A permit or certificate of coverage shall be obtained from the  
department before any chemical treatment of waters of the state for the purpose of  
aquatic nuisance control, of waters of the state, where the area of impact contains visible  
water at the time of chemical treatment. A permit or certificate of coverage shall also be  
Page 2  
obtained for chemical treatment of the Great Lakes and Lake St. Clair where the area of  
impact is exposed bottomland located below the ordinary high water mark.  
(2) A person is authorized to chemically treat waters of the state without obtaining a  
permit or a certificate of coverage from the department if all of the following criteria are  
met:  
(a) A waterbody does not have an outlet.  
(b) There is no record of a state or federal endangered or threatened species,  
pursuant to part 365 of 1994 PA 451.  
(c) A waterbody has a surface area of less than 10 acres.  
(d) The bottomlands of a waterbody are owned by either of the following:  
(i) A single person.  
(ii) More than 1 person and written permission for the proposed chemical  
treatment is obtained from each person.  
(3) A person conducting a chemical treatment authorized by subrule (2) of this rule  
shall maintain written permissions and records of treatment, including treatment date,  
chemicals applied and amounts, and a map indicating the area of impact, for 1 year from  
the date of each chemical application. The records shall be made available to the  
department upon request. Each chemical treatment shall be posted as specified in R  
323.3106(d).  
History: 1979 AC; 2003 AACS.  
R 323.3103 Registration of pesticides; use of certain chemicals prohibited.  
Rule 3. (1) Pesticides used in waters of the state for aquatic nuisance control shall  
be registered with the EPA, pursuant to section 3 of FIFRA, and the Michigan department  
of agriculture, pursuant to section 8307, 1994 PA 451, MCL 324.8307, for the  
nuisance control activity for which it is proposed.  
(2) The department may conduct evaluations of the impacts and effectiveness  
for any chemicals that are proposed for use in waters of the state. This may include the  
issuance of permits for field assessments of the chemicals.  
(3) The director, in consultation with the director of the Michigan department  
of agriculture, may prohibit or suspend the use of a chemical if, based on substantial  
scientific evidence, use of a chemical is shown to cause unacceptable negative impacts  
to human health or the environment. The department shall not issue permits  
authorizing the use of such chemicals. In addition, a person shall cease the use of such  
chemicals upon notification by the department.  
History: 1979 AC; 2003 AACS.  
R 323.3104 Application for permit or certificate of coverage.  
Rule 4. (1) An applicant shall file an application for a permit or a certificate of  
coverage with the department on a form provided by the department. An application  
shall include all of the following information:  
(a) The active ingredient or chemical trade name, and proposed application rate for  
each chemical proposed for use.  
Page 3  
(b) A map or maps, to scale, of the waterbody which clearly delineates the proposed  
area or areas of impact for each chemical type.  
(c) The name, address or lot number, and telephone number for all bottomland  
owners whose property is in the proposed area of impact, except as follows:  
(i) If the proposed area of impact is to involve the property of 5 or more bottomland  
owners, contact information is required for 5 persons who will know the date of  
treatment, the chemicals used, and the area or areas of impact for each chemical  
treatment.  
(ii) If an applicant has an emergency notification procedure, contact information  
is required for 1 person who will know the date of treatment, the chemicals used, and the  
area or areas of impact for each chemical treatment.  
(iii) If an applicant has contracted with a person to provide chemical treatment of  
aquatic nuisances, who has an emergency notification procedure, the applicant shall  
identify the person and provide a copy of the contract or authorization form.  
(d) Any additional information the department deems pertinent to reaching a  
decision.  
(2) An applicant shall provide a lake management plan as part of an application  
for permit, if a whole lake treatment is proposed.  
(3) The department may require an applicant to provide a lake management plan as  
part of an application for permit based on the type of proposed chemical treatment  
(for example, treatments evaluating the effectiveness of a pesticide) or on the significance  
of proposed impacts on natural resources (for example, treatments where threatened or  
endangered species or habitats are present, treatment of a waterbody where removal of  
a
large portion of native aquatic vegetation is proposed), or on the extent of  
bottomlands owned by public institutions. If a lake management plan is required, then  
the department shall notify potential applicants at least 1 year in advance of the  
requirement. At a minimum, notification shall be posted on the department internet  
web site, and shall be published in pertinent department publications.  
(4) A lake management plan shall be provided on department forms and shall  
include, at a minimum, all of the following:  
(a) All of the following physical characteristics of the waterbody:  
(i) Location.  
(ii) Lake size.  
(iii) Maximum depth.  
(iv) Mean depth.  
(v) Size of littoral zone.  
(vi) Shoreline length.  
(vii) Retention time.  
(viii) Location map.  
(ix) Bathymetric map, including all of the following:  
(A) Tributaries.  
(B) Outlets.  
(C) Public/private access sites.  
(D) Public land.  
(E) Critical fish spawning areas.  
(F) Wetlands.  
Page 4  
(G) Special habitats.  
(H) Parks.  
(I) Water control structures.  
(b) A description of the water quality, including data for water quality indicators,  
such as dissolved oxygen, temperature, total alkalinity, and transparency (secchi disk).  
(c) All of the following biological characteristics of the waterbody:  
(i) Aquatic vegetation map(s) and data analysis.  
(ii) Total higher aquatic plant surface coverage.  
(iii) A description of the fish, wildlife, and plant communities, including  
identification of any special concern, threatened, or endangered species.  
(d) Land use activities including a description of the land use, and a land use  
map.  
(e) History of waterbody management.  
(f) Documentation of opportunities for involvement in plan development by  
stakeholders and agencies responsible for managing public trust resources, including a  
description of all input obtained.  
(g) Vegetation management plan that includes a description of the aquatic nuisance  
problem, management goals, management goal maps, management options, proposed  
actions necessary to attain the management goals, management timeline, and  
monitoring and evaluation processes.  
(5) The department shall either issue or deny a certificate of coverage within 15  
working days after receipt of a complete application. If denied, the department shall  
notify the applicant, in writing, of the reasons for denial.  
(6) The department shall issue a permit, grant the permit in part, or deny the permit  
within 30 working days after receipt of a complete application. If denied or granted in  
part, the department shall notify the applicant, in writing, of the reasons for denial.  
(7) An applicant shall obtain authorization to chemically treat the proposed area  
or areas of impact by obtaining written permission from each person who owns  
bottomlands in the area or areas of impact. The applicant shall maintain the written  
permission for 1 year from the expiration date of the permit, and shall make the records  
available to the department upon request. Written permission from each bottomland  
owner is not required if the applicant is providing, or has contracted to provide,  
chemical treatment for either of the following:  
(a) A lake board established under part 309 of 1994 PA 451.  
(b) A state or local government acting under authority of state law to conduct  
lake improvement projects or to control aquatic vegetation.  
History: 1979 AC; 2003 AACS.  
R 323.3105 Permits.  
Rule 5. (1) A permit shall, at a minimum, include all of the following  
information:  
(a) The active ingredient or the trade name of each chemical to be applied.  
(b) The application rate of each chemical.  
(c) The maximum amount of each chemical to be applied per treatment.  
(d) Minimum length of time between treatments for each chemical.  
Page 5  
(e) A map or maps that clearly delineate the approved area or areas of impact.  
(2) The department may impose additional conditions on a permit to protect the  
natural resources or the public health; to prevent economic loss, recreational  
damage, and unacceptable negative impacts to nontarget organisms; and to prevent  
a failure to provide control of the aquatic nuisance.  
(3) The department may issue general permits.  
History: 1979 AC; 2003 AACS.  
R 323.3106 Permit conditions.  
Rule 6. (1) As a condition of a permit, the department may require the permittee  
to do any of the following:  
(a) Notify the department not less than 2 working days in advance of chemical  
treatment.  
(b) Proceed with chemical treatment only if a department representative is present.  
(c) Allow the department or its representative to collect a sample of the chemical or  
chemicals used before or during any chemical treatment.  
(d) Post the area or areas of impact before chemical treatment. All of the  
following posting requirements apply:  
(i) 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.  
(ii) 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 waterbody 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.  
(iii) 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.  
Page 6  
(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."  
(e) Publish a notice in a local newspaper or make an announcement on a local  
radio station regarding the chemical treatment. The notice or announcement shall  
include all of the following information:  
(i) The permit number.  
(ii) The name of the waterbody.  
(iii) A list of the chemicals to be used with corresponding water use restrictions.  
(iv) A description of the areas of impact.  
(v) The proposed treatment dates.  
(f) Apply chemicals so that swimming restrictions and fish-consumption  
restrictions are not imposed on any Saturday, Sunday, or state-declared holiday.  
(g) Take special precautions to avoid or minimize potential impacts to human  
health, the environment, and nontarget organisms.  
(h) Notify, in writing, an owner of any waterfront property within 100 feet of the  
area of impact, not less than 7 days, and not more than 45 days, before the initial  
chemical treatment. Written notification shall include all of the following information:  
(i) Name, address, and telephone number of the permittee.  
(ii) A list of chemicals proposed for use with corresponding water use  
restrictions.  
(iii) All approximate treatment dates per chemical. If the owner is not the occupant  
of the waterfront property or the dwelling located on the property, then the owner is  
responsible for notifying the occupant.  
(i) Complete and return the treatment report form provided by the department  
for each treatment season.  
(j) Perform lake water residue analysis to verify the chemical concentrations  
in the waterbody according to a frequency, timing, and methodology approved by  
the department.  
(k) Perform aquatic vegetation surveys according to a frequency, timing, and  
methodology that has been approved by the department prior to submittal of a permit  
application.  
(l) Use chemical control methods for nuisance aquatic vegetation that are  
consistent with the approved vegetation management plan submitted separately or as  
part of a lake management plan. The department may approve modifications to the  
vegetation management plan upon receipt of a written request from the permittee that  
includes supporting documentation.  
(m) Perform pretreatment monitoring of the target plant population according  
to a frequency, timing, and methodology that has been approved by the department prior  
to submittal of a permit application.  
History: 1979 AC; 2003 AACS.  
R 323.3107 Fluridone use.  
Page 7  
Rule 7. (1) 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.  
(2) The department may issue permits for the evaluation of uses of fluridone  
other than as a spring treatment to control Eurasian watermilfoil.  
(3) An applicant proposing chemical treatment of a waterbody using fluridone  
shall provide a lake management plan as described in R 323.3104(2).  
(4) 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).  
(5) 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.  
History: 1979 AC; 2003 AACS.  
R 323.3108 Denial of a permit or a certificate of coverage.  
Rule 8. (1) The department shall deny a permit application, or a part of a permit  
application, in any of the following circumstances:  
(a) The proposed use of a pesticide is inconsistent with its label pursuant to  
FIFRA.  
(b) The proposed use of a pesticide is not registered by the Michigan department  
of agriculture pursuant to part 83 of 1994 PA 451 and the EPA pursuant to FIFRA.  
(c) The proposed use of a chemical, though in accordance with the label and  
otherwise in compliance with these rules or in combination with other aquatic  
management activities, is likely to result in economic loss, recreational damage, a  
public health hazard, unacceptable negative impacts to natural resources, or failure to  
provide control of the aquatic nuisance, as determined by the department.  
Page 8  
(d) An application for chemical treatment of higher aquatic plants is postmarked  
after August 15 in the year for which treatment is proposed.  
(2) The department shall deny a certificate of coverage if the proposed project  
does not meet the requirements for the general permit under which the application is  
made.  
(3) The department shall deny a permit application or an application for a certificate  
of coverage if an applicant has committed 2 or more violations of other permits  
previously issued under the act, conditions of a permit, or these rules within 1  
calendar year. For purposes of this subrule, "violation" means conviction in a court  
of law, or revocation of a permit or certificate of coverage by the department, pursuant to  
R 323.3109(b) and (c).  
History: 1979 AC; 2003 AACS.  
R 323.3109 Revocation of permit or certificate of coverage.  
Rule 9. (1) The department may revoke a permit or certificate of coverage for  
cause, including any of the following:  
(a) The department determines, through information not available to the  
department at the time of permit issuance, that the use of a chemical, although  
otherwise in accordance with the label and these rules or in combination with other  
aquatic management activities, is likely to result in economic loss, recreational damage,  
a public health hazard, unacceptable negative impacts to natural resources, or failure to  
provide control of the aquatic nuisance, as determined by the department.  
(b) Failure to comply with any condition of a permit, the act, or these rules, as  
determined by the department.  
(c) Obtaining a permit or certificate of coverage by misrepresentation or failure to  
fully disclose relevant facts.  
History: 1979 AC; 2003 AACS.  
R 323.3110 Permit amendments.  
Rule 10. (1) The department may make minor revisions, based on minimizing the  
impacts to the natural resources, public health, and safety, to a permit before permit  
expiration, if the proposed revisions do not involve a change in the scope of the project,  
and upon receipt of a written request from the permittee that includes all of the  
following information:  
(a) The proposed changes to the permit.  
(b) An explanation of the necessity for the proposed changes.  
(c) Maps that clearly delineate any proposed changes to the area or areas of impact.  
(d) Additional information that would help the department reach a decision on a  
permit amendment.  
History: 1979 AC; 2003 AACS.  
Page 9