Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: February 13, 2024 Contact: Anna Henning, Principal Attorney
2023 Senate Bill 316
Senate
Amendment 1
BACKGROUND
Under current law, the Department of Natural Resources (DNR) must establish an aquatic plant
management program to: (1) implement efforts to protect and develop diverse and stable communities
of native aquatic plants; (2) regulate how aquatic plants are managed; and (3) administer and establish
procedures and requirements for aquatic plant management permits. [s. 23.24 (2) (a), Stats.]
Current law generally requires a person to obtain a permit from DNR before manually removing aquatic
plants or utilizing chemicals or biological agents to control aquatic plants in waters of the state. DNR
may require that an application for an aquatic plant management permit contain a plan for DNR’s
approval, which specifies how the aquatic plants will be introduced, removed, or controlled. [s. 23.24
(3) (a) and (b), Stats.]
Among other exceptions from the permitting requirements, current law authorizes DNR to waive the
permit requirement for a person proposing to manually remove aquatic plants from a body of water
that is entirely confined on the property of that person. More limited waiver authority applies to the use
of chemical treatments, specifically relating to controlling bacteria on swimming beaches and certain
other public health-related purposes. [s. 23.24 (4) (c), Stats.]
2023 SENATE BILL 316
2023 Senate Bill 316 makes several changes to current law relating to aquatic plant management. The
bill makes the following changes relating to the purposes and general implementation of the aquatic
plant management program:
Modifies the statutory purposes for DNR’s aquatic plant management program by specifying that
the purpose of regulation is to ensure that invasive or nuisance plants are suppressed or eradicated.
Directs DNR to use widely accepted methods supported by peer-reviewed science to suppress or
eradicate such plants.
Requires DNR to give equal consideration to chemical treatments when approving proposed aquatic
plant management plans.
Prohibits DNR from imposing an undue financial burden on aquatic plant management permit
applicants or property owners.
In addition, the bill creates two new exemptions from the general aquatic plant management permit
requirement. First, the bill allows commercial applicators to apply certain chemical treatments to a
private pond without obtaining a permit, subject to certain conditions. Second, the bill creates an
exemption from the permit requirement for the use of biological agents in private ponds. - 2 -
For purposes of those new exemptions, the bill defines “private pond” to mean a pond that: (1) is less
than 10 acres in size; (2) is surrounded by the private property of one or more owners; (3) has no public
access to the water; and (4) has either no surface water discharge or surface water discharge that can be
controlled.
To qualify for the exemption for the use of chemical treatments in private ponds, a treatment must
satisfy all of the following conditions:
The treatment is made by a commercial applicator certified by the Department of Agriculture,
Trade, and Consumer Protection.
The person uses only those chemicals that have been labeled and registered for aquatic plant control
by the U.S. Environmental Protection Agency (EPA).
The person follows EPA’s label directions for appropriate application method and rates.
The owners of all parcels that abut the private pond have been notified of the application of the
chemical treatment.
The person retains a record of any pesticide applied to a private pond for at least two years and
makes the record available to DNR for inspection upon request.
To qualify for the exemption for the use of biological agents in private ponds, a biological agent must be
used to improve water quality, at a concentration that does not cause acute or chronic toxicity for
aquatic organisms or a dye that is not labeled for herbicide use.
SENATE AMENDMENT 1
Senate Amendment 1 makes two significant changes to the bill. First, the amendment removes the
provisions of the bill that relate to the purposes and general implementation of the aquatic plant
management program, including changes that modify the purpose of the aquatic plant management
program, prohibit DNR from imposing an undue burden, and require DNR to give equal consideration
to chemical methods.
Second, the amendment narrows the scope of the exemption for chemical treatments in private ponds,
by applying the exemption only to private ponds that are less than five acres in size. For private ponds
that are greater than five acres in size, the amendment instead specifies that an aquatic plant
management permit is valid for a period of not less than five years.
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BILL HISTORY
Senator Feyen offered Senate Amendment 1 on January 24, 2024. On February 8, 2024, the Senate
Committee on Natural Resources and Energy voted to recommend adoption of the amendment and
passage of the bill, as amended, both on votes of Ayes, 3; Noes, 2.
For a full history of the bill, visit the Legislature’s bill history page.
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DNR’s current administrative rules allow DNR to grant aquatic plant management permits with a longer than annual
term in some instances, but an annual term is the default permit period.