Jan 15, 2009

The DNR's Proposed APM rules

Thanks to our Representative Bev Scalze, I received the most recent rules for the DNR's APM permits.


Judge Luis recommended that the DNR's proposed APM rules be adopted, with the changes proposed by the DNR in its response to public comments. The judge also suggested some additional minor wording changes, which the DNR is considering.

The changes proposed by DNR in its response to public comments include:
1) Eliminate the provision preventing commercial aquatic pesticide applicators from applying pesticides to public waters under an APM permit for violation of APM rules;
2) Provide for the full appeal process to occur before an APM permit is revoked;
3) Eliminate the phrase "but not limited to" in several places;
4) Clarify that more than 100 shoreline feet of submersed aquatic plant control may be allowed adjacent to commercial campgrounds;
5) Specify public participation requirements for lake vegetation management plans on the grandfather lakes (notice or news release in a local newspaper, public meeting, and a 30-day comment period);
6) Clarify ambiguous language for landowner approval requirements for APM permits so it does not appear that landowners need approval from their next-door neighbors before controlling aquatic plants; and
7) Retain current penalty language in rule, which specifies that violations of APM rules are misdemeanors.

You can review a pdf file of the Judges report at the web page below under "Rulemaking documents."

You can also review the rule making record including the ALJ's report at the Office of Administrative Hearings web page by clicking on the link below.

Steve Enger
500 Lafayette Road
St. Paul, MN 55155-4025
e-mail: steve.enger@dnr.state.mn.us

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