Date of enactment:
2023 Senate Bill 316 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 23.24 (3) (c); and to create 23.24 (1) (je), 23.24 (3) (d), 23.24 (4) (b) 5. and 23.24 (4) (b) 6. of
the statutes; relating to: aquatic plant management plans and permit exemptions.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 23.24 (1) (je) of the statutes is created to
read:
23.24 (1) (je) “Private pond” means a surface water
less than 10 acres in size that is surrounded by the private
property of one or more owners, with no public access to
the water, and that has either no surface water discharge
or surface water discharge that can be controlled.
SECTION 6. 23.24 (3) (c) of the statutes is amended
to read:
23.24 (3) (c) The department may promulgate a rule
to establish fees for aquatic plant management permits.
Under the rule, the department may establish a different
fee for an aquatic plant management permit to manage
aquatic plants that are located in a body of water that is
entirely confined on the property of one private property
owner owners.
SECTION 6m. 23.24 (3) (d) of the statutes is created
to read:
23.24 (3) (d) A permit issued under this subsection
for aquatic plant management in a private pond that is
greater than 5 acres in size shall be valid for a period of
not less than 5 years.
SECTION 7. 23.24 (4) (b) 5. of the statutes is created
to read:
23.24 (4) (b) 5. A person who applies a chemical
treatment to a private pond that is less than 5 acres in size
to suppress or eradicate invasive or nuisance aquatic
plants if all of the following apply:
a. The person is certified as a commercial applicator
by the department of agriculture, trade and consumer
protection in the aquatic and mosquito pest control cate-
gory.
b. The person uses only those chemicals that have
been labeled and registered for aquatic plant control by
the U.S. environmental protection agency.
c. The person follows U.S. environmental protection
agency label directions for appropriate application meth-
ods and rates.
d. If the private pond abuts multiple parcels, the own-
ers of all parcels that abut the private pond have been
notified of the application of the chemical treatment to
the private pond.
e. The person retains for a period of not less than 2
years a record of any pesticide the person applies to the
private pond. All records retained under this subd. 5. e.
shall be made available to the department for inspection
upon request.
SECTION 8. 23.24 (4) (b) 6. of the statutes is created
to read:
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 316
23.24 (4) (b) 6. A person who applies to a private
pond a biological agent to improve water quality at a con-
centration that does not cause acute or chronic toxicity
for aquatic organisms or a dye that is not labeled for her-
bicide use.