Iowa Admin. Code r. 571-54.5

Current through Register Vol. 47, No.14, January 8, 2025

Rule 571-54.5 - Aquatic plants

This rule applies to the introduction and removal of plants in public waters as those waters are defined by rule 571-13.2 (455A,461A,462A). For purposes of this rule, aquatic plants are those listed in subrule 54.5(6) and include vegetation that exists at or below the ordinary high water line of a waterway.

(1)Permits.

a. The department may issue permits for the introduction and removal of aquatic plants in public waters. To be considered for a permit under this rule, applicants shall use the department's application form for sovereign lands construction permits, as described in rule 571-13.9 (455A,461A,462A), and shall complete all relevant information on that application form. Applicants shall also provide any additional information as may be necessary, as described in rule 571-13.10(455A,461A). The term of the permit shall be stated in the permit. Permits are nontransferable and shall be subject to reevaluation upon expiration. Permits may be issued for between one and five years.

b. Cities and counties in Iowa may use chemicals, including pesticides and herbicides, to remove aquatic vegetation from water intake structures. However, such cities and counties shall be required to obtain a permit under this rule, and 567-Chapter 66 as may be required, for such activities.

c. Cities and counties in Iowa may use chemicals, including pesticides and herbicides, to remove aquatic vegetation for certain recreation and navigation purposes, including boating, fishing, and swimming. However, such cities and counties shall be required to obtain a permit under this rule, and 567-Chapter 66 as may be required, for such activities. Additionally, all such use of chemicals shall be conducted by a certified aquatic applicator and shall be subject to the terms of a vegetation management plan approved by the director. Issuance of such permits and approval of a vegetation management plan shall be at the sole discretion of the department.

(2)Evaluation. The department shall evaluate all permits sought under this rule in accordance with the evaluation criteria enumerated in rule 571-13.6 (455A,461 A,462A). In addition, the department shall consider the following criteria:

a. For aquatic plant introduction:

(1) Unless otherwise approved by the department, all introduced plants shall be included in the list provided in subrule 54.5(6);

(2) Introduced plants shall not include cultivars;

(3) Plants shall be introduced for the purposes of preventing shoreline erosion, stabilizing bottom sediment, providing fish or wildlife habitat, or removing nutrients from the water;

(4) Plants shall be thoroughly rinsed away from the water into which they are being introduced prior to being transported to the site if the plants have not been cultivated on site in a manner to prevent any foreign nonplant or seed material from entering the water prior to introduction; and

(5) Plants shall be obtained from a seed source that is within 50 miles of the introduction area and from stocks of only cultivated material (i.e., material that has not been taken from natural areas) or from a source that is approved by the department. Approval for a seed source may be sought from the department by contacting the area fisheries management biologist.

b. For aquatic plant removal:

(1) The plants shall be removed by hand-cutting, hand-pulling, hand-raking or mechanical cutting only;

(2) The plants shall be removed to establish a designated travel lane from a boat dock that has been permitted in accordance with 571-Chapter 16. Such travel lane shall not exceed a 15-foot width, and the placement of such lane shall be subject to the review and approval of the department. A travel lane allowed under this rule may be in the same location during the term of the permit, may be sited by the department to accommodate vegetation, and may not necessarily be the most direct path from the dock to the open water area; and

(3) All plant material removed under the permit must be left in place or collected and composted on the land owned, leased or otherwise subject to use by the applicant that is adjacent to the removal area.

Unless otherwise provided by this rule, in no event may a person be allowed to apply chemicals including, without limitation, pesticides or herbicides to remove aquatic plants from public waters. For nonpublic waters that meet certain designations in 567-Chapter 66, a person may be required to seek a permit under the rules established herein to use pesticides.

(3)Inspection requirements. For the purpose of inspecting for compliance with permit conditions, the department shall have the right to enter the property attached to the public water at or near the place of introduction or removal. This inspection shall include, without limitation, identification of introduced species; a determination as to whether the travel lane is being maintained in accordance with the permit conditions; and whether plant material, if removed, is left on site.

(4)Violations. Persons in violation of this rule are guilty of a simple misdemeanor as described by Iowa Code section 461A.57.

(5)Exceptions.

a. A dock permittee whose dock meets rule 571-16.4 (461A,462A), 571-16.6 (461A,462A), or 571-16.7(461A,462A) may remove aquatic vegetation without a permit if the aquatic vegetation:

(1) Creates a hazardous or detrimental condition in the boating area around the dock, or

(2) Covers a minimum of 75 percent of the boating area around the dock.

b. A dock permittee meeting one of the exceptions in paragraph 54.5(5)"a" must verify at inspection that the dock meets the criteria for a Class I, Class II or Class III dock permit and is limited to the following:

(1) Removal of vegetation in a 20-foot radius around the dock;

(2) Removal of a hazardous or detrimental condition when it interferes with safe boating passage and is located within the boating area around the dock;

(3) Creation of a 15 -foot-wide boating pathway utilizing a direct route from the dock to open water;

(4) Adherence to the requirement to leave the vegetation in place or collect and compost it on land that is owned, leased or otherwise subject to use by the dock permittee and is adjacent to the removal area;

(5) Removal of the vegetation by hand-cutting, hand-pulling, hand-raking or mechanical cutting devices, excluding automated plant control devices that disturb the bottom substrate.

(6)Appropriate plants. The department is committed to maintaining the natural integrity of public waters in the state and strengthening native populations of vegetation and wildlife in those waters. To that end, the following table comprises the plants that may be permitted to be introduced into public waters:

Scientific Name	Common Name
Acorus americanus	Sweet Flag
Alisma plantago-aquatica	Water Plantain
Asclepias incarnata	Marsh Milkweed
Bidens cernua	Nodding Beggars Ticks
Bidens coronata	Tickseed Sunflower
Brasenia schreberi	Water Shield
Calamagrostis canadensis	Blue Joint Grass
Caltha palustris	Marsh Marigold
Carex atherodes	Wheat Sedge
Carex comosa	Longhair Sedge
Carex cristatella	Crested Sedge
Carex hystericina	Bottlebrush Sedge
Carex lacustris	Hairy Sedge
Carex normalis	Greater Straw Sedge
Carex pellita	Wooly Sedge
Carex prairea	Prairie Sedge
Carex scoparia	Broom Sedge
Carex stipata	Awlfruit Sedge
Carex stricta	Upright Sedge
Carex tribuloides	Blunt Broom Sedge
Carex vulpinoidea	Fox Sedge
Ceratophyllum demersum	Coontail
Eleocharis acicularis	Needle Spikerush
Eleocharis obtuse	Blunt Spikerush
Elodea canadensis	Canada Waterweed
Eupatorium perfoliatum	Boneset
Glyceria striata	Fowl Manna Grass
Iris versicolor	Blue Flag Iris
Juncus dudleyi	Dudley's Rush
Juncus torreyi	Torrey's Rush
Leersia oryzoides	Rice Cutgrass
Lobelia siphilitica	Great Lobelia
Lysimachia ciliate	Fringed Loosestrife
Lythrum alatum	Winged Loosestrife
Muhlenbergia mexicana	Leafy Satin Grass
Muhlenbergia racemosa	Marsh Muhly
Nymphea tuberosa	White Water Lily
Poa palustris	Fowl Bluegrass
Polygonum amphibium	Water Smartweed
Pontederia cordata	Pickerelweed
Potamogeton nodosus	Longleaf Pondweed
Ranunculus secleratus	Cursed Crowfoot
Sagittaria latifolia	Broadleaf Arrowhead
Schoenoplectus acutus	Hardstem Bulrush
Schoenoplectus fluviatilis	River Bulrush
Schoenoplectus tabernaemontani	Soft-Stem Bulrush
Scirpus atrovirens	Green Bulrush
Sparganium eurycarpum	Giant Burreed
Spartina pectinata	Prairie Cord Grass
Stuckenia pectinatus	Sago Pondweed
Typha latifolia	Broadleaf Cattail

In addition, an applicant may propose, as part of the application, species that do not appear on this list, which the department will consider. The department's consideration of species not on this list will be based on the commitment described above as well as the potential impact of the proposed species to the public water and ecosystem.

Iowa Admin. Code r. 571-54.5

ARC 8594B, IAB 3/10/10, effective 4/14/10

Amended by IAB October 29, 2014/Volume XXXVII, Number 9, effective 12/3/2014

Amended by IAB June 17, 2020/Volume XLII, Number 26, effective 7/22/2020