How do I obtain an aquatic herbicide permit for weeds and algae?
To apply an aquatic herbicide in the Fox River or Chain O’Lakes waterway you must obtain a Letter of Permission (LOP) from the Illinois Department of Natural Resources (IDNR) and have the treatment applied by a licensed applicator.
Applications must be submitted to the Illinois Department of Natural Resources.
Key Requirements and Process:
- Permit Type: A Letter of Permission (LOP) is required for both chemical and non-chemical (mechanical cutting) treatment, as per 17 Ill. Adm. Code Part 895.
- Application Submission: Complete the official IDNR Application for a Letter of Permission, which should be returned to the Division of Fisheries, 8916 Wilmot Road, Spring Grove, IL 60081.
- Licensed Applicator: All chemical treatments must be completed by a licensed applicator.
- Regulations: The treatment must use USEPA-approved/registered aquatic herbicides.
Effective 2001, the Illinois Department of Natural Resources’ Administrative Rule 895, Fox Chain O’ Lakes Aquatic Plant Management, became law. This rule requires any person, company or organization that proposes to sponsor or conduct chemical or non-chemical treatment for the management of aquatic plants in the FCOL shall obtain a Letter of Permission (LOP) from the IDNR.
The Fox Chain O’ Lakes is defined as: Channel Lake, Lake Catherine, Lake Marie, Bluff Lake, Spring Lake, Petite Lake, Grass Lake, Fox Lake, Dunn’s Lake, Nippersink Lake, Pistakee Lake, Redhead Lake, Lake Mathews, Lake Jerilyn, Lac Louette (Mud Lake) and all navigable channels directly connected to these lakes which are under the jurisdiction of the Fox Waterway Agency.
Chemical means all EPA approved and registered aquatic herbicides. Any application of a chemical shall require the applicator to possess a valid applicator certification number issued by the Illinois Department of Agriculture.
Non-chemical treatment means the utilization of plant screens, sediment covers, bottom barriers, blanketing materials which are gas-permeable, or mechanical cutting or removal to destroy or limit the growth of aquatic plants. A non-chemical treatment may consist of a series of actions in the case of mechanical cutting removal of aquatic plants.
To apply for a Letter of Permission, an official IDNR Application for a Letter of Permission for Treatment of Aquatic Plants in the Fox Chain O’Lakes must be competed (with map) and submitted to the IDNR. The IDNR shall issue or deny issuance of the requested LOP within 45 days after receipt of a complete application.
The issued LOP will be for a non-chemical or the single, one-time, use of an USEPA approved and registered aquatic herbicide.
Exception: In instances where a chemical treatment is proposed to be at a reduced application rate with a not-to-exceed dosage limit, over multiple applications, then this will be viewed as a one-time application.
Exemption: An individual property owner who has title to a portion of the FCOL’s lake bottom, and wishes to initiate an aquatic plant management treatment of one-quarter (0.25) acre or less of said bottom, need not apply for a LOP from the IDNR. The individual, however, is not exempt from any other applicable laws and/or ordinances. Any application of a chemical shall require the applicator to possess a valid applicator certification number issued by the Illinois Department of Agriculture.
The LOP holder or exempted individual property owner will be responsible for posting those areas treated in accordance with water/fishing use restrictions stated on the chemical label. Signs shall be posted at the beginning of each treatment by the LOP holder or exempted individual property owner to remain up for the period of time stated on the chemical label for water use restrictions. Posting of signs shall be brilliant yellow background with black lettering, and conspicuous to the non-riparian public intending to use the treated water from both the water and shore, and shall state applicable label use restrictions of the chemical being used, the name of the chemical and the date of treatment.
The LOP holder or exempted individual property owner will be responsible for obtaining a permit from the Illinois EPA in adherence with 35 Ill. Administrative Code 652.601, where applicable. (Treatment within 20 miles upstream of any potable water supply or food processing water supply.)
