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Many states have regulations on weed control products, but they are frequently unable to enforce them. We have customers in every state.
There are a few regulations that may apply in Illinois that customers should be aware of:
In the Fox Chain O’Lakes and Lake Michigan – A Letter of Permission (LOP) permit is needed for applications of this product in public waters consisting of the Fox Chain O’Lakes and Lake Michigan. Bottom barriers in these natural waters are considered “non-chemical treatments” in our Administrative Rules 895 and 897. See https://www.dnr.illinois.gov/adrules/documents/17-895.pdf and https://www.dnr.illinois.gov/adrules/documents/17-897.pdf These permits are also reviewed for impacts to state protected natural resources (threatened and endangered species and nature preserves) by my office pursuant to Administrative Rule 1075: https://www.dnr.illinois.gov/adrules/documents/17-1075.pdf . When a person applies for an LOP permit through our Fisheries Division, the Fisheries Division sends the LOP to us for review. For example, there are listed fishes in the Chain O’Lakes that spawn in aquatic vegetation and could be impacted by a bottom barrier. So, we would work to address those issues with the applicant and Fisheries.
Private ponds and lakes – We do not anticipate any permit or consultation needs for bottom barrier applications in these waters per our regulations.
Municipal owned lakes – Our Consultation rules require state and local governments consult with the DNR regarding impacts to state protected natural resources for projects they “fund authorize, or perform.” See Part 1075 link above. So if a city is applying the barrier to their lake or authorizing homeowners on the lake to install it, they should submit a consultation to us at https://dnr2.illinois.gov/EcoPublic/ . There is a $125 fee for local government consultations.
Public Bodies of Water Permits – These permits may be needed from our Office of Water Resources (OWR) for applications of bottom barriers, depending on the scope of the project. The Public Bodies of Water are listed in the rule. See: https://www.dnr.illinois.gov/adrules/documents/17-3704.pdf. Applicants for these projects should be directed to the below link for more information: https://www.dnr.illinois.gov/WaterResources/Pages/PermitApplicationandInstructions.aspx. If a permit is required, The OWR will also coordinate with Consultation Services on protected natural resources impacts.
Be sure to ask your local DNR, US Army Corps of Engineers, Department of Fish and Wildlife, town, etc. for any permit information.
