Aquatic Pesticides
The Bureau of Pesticides Management is responsible for the administration of the Aquatic Pesticide Permit Program in New York, under the authority granted by Article 15-0313(4) of the Environmental Conservation Law (ECL) and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Parts 327, 328 and 329.
The application of aquatic pesticides is regulated by the Department through pesticide registration, pesticide applicator certification, pesticide business registration and two types of aquatic permits. The combined use of these management tools provide oversight for the control of aquatic pests while preserving and protecting the waters of the State.
Pesticide product registration allows the Department to review the pesticides that are intended for sale and use in New York State and require these pesticides to conform to regulatory standards. Due to the sensitive nature of aquatic pesticide applications, the Department has restricted those pesticides that are labeled for use in surface waters of the State. A restricted use aquatic pesticide for use in surface waters is only available for purchase and use by a certified pesticide applicator who has obtained an Aquatic Permit, or in limited situations by an individual who has applied to their DEC regional office and has been granted an Aquatic Pesticide Purchase Permit.
Both the Aquatic Permits and Aquatic Pesticide Purchase Permits are issued by the Department's regional office that serves your county.
Aquatic Vegetation Management Permits
The Department has instituted changes to the administrative procedures for the review of Article 15, Part 327 Aquatic Permit Applications for the Use of Pesticides for the Control or Elimination of Aquatic Vegetation. The enhanced review of these Aquatic Permit Applications allows for an integrated and adaptive approach to the management of aquatic vegetation and an increased ability to involve interested an potentially interested parties.
The Department has established NYSDEC Regional Consolidated Lists of Water Bodies Subject to Enhanced Review based on the following criteria:
- The proposed treatment to the water body has the potential to impact endangered, threatened, rare or special concern species; or
- The water body is classified for potable water use (as identified in 6 NYCRR Parts 800-941); or
- The water body is identified by the Department as a priority for water resource protection and restoration, through inclusion on the (Click on the last bookmark (Basin WI/PWL) to get the actual listing. NOTE: This is a list of all assessed waters. It includes all waters considered to be on the DEC PWL, BUT it also includes waters with "No Known Impacts." Waters with this designation (in the far right column of the list) are NOT considered to be PWL waters); or
- The water body has a department managed public access; or
- The water body has a department managed fisheries; or
- The water body is of special department regional concern.
Aquatic Vegetation Management Plans
For Water Bodies Subject To Enhanced Review, an Aquatic Vegetation Management Plan will be a required component of the Aquatic Permit application package. The Aquatic Vegetation Management Plan should follow the outline in Appendix A of A Primer on Aquatic Plant Management in New York State (April 2005). An Aquatic Vegetation Monitoring Plan, based on a three-tiered system developed by the Division of Water, will be a required component of a Aquatic Vegetation Management Plan.
For more information regarding Aquatic Vegetation Management Plans and Aquatic Vegetation Monitoring Guidelines, please visit the Division of Water.
For Water Bodies Subject To Enhanced Review, the Aquatic Permit application package will be administered by the Department's Division of Environmental Permits, similar to permits under the jurisdiction of the Uniform Procedures Act (UPA), like Article 24 Freshwater Wetlands Permit, or Article 15 Disturbance of Beds and Banks of Protected Waters Permit. Aquatic Permit applications for treatments where a concurrent UPA jurisdiction is identified will also be administered by the Division of Environmental Permits, but the water bodies will not appear on the Water Bodies Subject To Enhanced Review Lists and may not be subject to a formal Aquatic Vegetation Management Plan.
For more information regarding permit administration by the Division of Environmental Permits and available forms, please visit the Division of Environmental Permits.
Article 15, Part 327 Aquatic Permit Applicants will still be required to use the Bureau of Pesticides Management application package,"Application For a Permit to Use a Pesticide For The Control of an Aquatic Pest" (AQV, 11/02) for all Aquatic Permit applications for the management of aquatic vegetation, including those for water bodies not on the lists of Water Bodies Subject To Enhanced Review. The package consists of:
- Cover Letter (PDF - 89K)
- Application - (PDF - 93K)
- Instruction Sheet - (PDF - 178K)
- Checklist - (PDF - 77K)
- Attachment A: Sample Riparian Notification/Consent Letter - (PDF - 70K)
- Attachment B: Certification of Riparian Notification - (PDF - 57K)
In addition, permit applicants proposing to use a pesticide for the control or elimination of aquatic vegetation in Water Bodies Subject To Enhanced Review (WBSER) will be required to submit:
- Supplemental Aquatic Vegetation Management Project Information Form (SAV, 02/05)- PDF - 273 KB
- Full Environmental Assessment Form (EAF)- PDF - 1.8 MB
An Aquatic Vegetation Management Plan, required for all Water Bodies Subject To Enhanced Review, should be submitted as an attachment to the Supplemental Aquatic Vegetation Management Project Information Form (SAV, 02/05). A properly completed Aquatic Vegetation Management Plan will address all the questions on the SAV, but the SAV form must still be submitted as the formal, applicant signed, certification for an Aquatic Vegetation Management Plan.
A Supplemental Aquatic Vegetation Management Project Information Form (SAV, 02/05), must also be submitted with applications for water bodies meeting the criteria stated on the SAV form, including those water bodies that do not appear on the Water Bodies Subject To Enhanced Review (WBSER) lists.
Permit applicants should still submit all applications for Aquatic Permits to the Regional Bureau of Pesticides Management staff from the Department Regional Office that serves your county.
Aquatic Pesticide Purchase Permits
The Aquatic Pesticide Purchase Permit is issued to a homeowner for the treatment of a water body that lies entirely on the homeowner's property, does not have an outlet and is less than one surface acre in size.
The instructions and application for an Aquatic Pesticide Purchase Permit for the homeowner is available from the Department's Regional Offices and is also available here: Application and Instructions.
Aquatic Antifouling Paints
Marina owners who apply antifouling paints, as a service to boat owners, must register as an aquatic antifouling paint application business with the department and must employ or contract with a business that employs at least one commercial pesticide applicator, or technician certified in subcategory 5D - Aquatic Antifouling Paints, or an aquatic antifouling paint applicator (category 13).
Boat owners who are not certified as a Commercial Pesticide Applicator in the subcategory 5D -Aquatic Antifouling Paints may only paint their boat using unclassified antifouling paints if boat owner personally owns the dry docked boat being painted and leases a specific area, from the marina owner, to do such work. For additional information, please visit: Requirements For Applying Antifouling Paints.
More about Aquatic Pesticides :
- Aquatic Pesticides Application Cover - Letter of Introduction for Aquatic Pesticide Permit Applicants
- Instructions to Complete the Aquatic Pesticides Permit Application - Instructions to Complete Form Number AQV (11/02) Application for a Permit to Use a Pesticide for the Control of an Aquatic Pest Title 6 NYCRR Part 327/328
- Checklist for Aquatic Pesticides Permit Form AQV (11/02) - Checklist for Form Number AQV (11/02) Application for a Permit to Use a Pesticide for the Control of an Aquatic Pest Title 6 NYCRR Part 327/328
- Sample Riparian Owner/User notification/Consent Letter - Sample Riparian Owner/User - Notification/Consent Letter
- Certification of Notification of Riparian Owners and User - Application for Permit to Use Pesticides for the Control of An Aquatic Pest
- Application and Instructions for an Aquatic Purchase Permit for the Control or Elimination of Aquatic Vegetation - An aquatic purchase permit will allow the purchase and use an aquatic pesticide for one year.
- Requirements for Applying Antifouling Paints - Requirements for Applying Antifouling Paints