Under 10 V.S.A. Chapter 47 § 1263a., a permit is required for activities used to control nuisance aquatic plants, insects or other aquatic life including lamprey in waters of the State of Vermont. This permit program is managed by the Vermont Department of Environmental Conservation (VTDEC), Water Quality Division.

The following activities and control methods require an aquatic nuisance control permit:

• use of pesticides (any substance produced, distributed or used for preventing, destroying, or repelling nuisance aquatic vegetation, insects or other aquatic life including lamprey. Pesticide includes unicellular organisms or extracts from unicellular organisms and does not include biological controls.)
• use of the aquatic pesticide Aquashade
• use of copper based products to control algae
• use of chemicals other than pesticides (e.g., alum)
• use of bottom barriers (fiberglass screening, felt-like mats, black nylon films, etc., laid on the lake bottom to inhibit nuisance plant growth)
• use of powered mechanical devices (harvesters, hydrorakes, motorboat-pulled cutter bars or battery-operated cutter devices, etc.)
• use of structural controls (fish barriers, etc.)
• use of biological controls (multi-cellular organisms)

• The use of copper based products to control algae in waters with a surface area of one acre or less, located entirely on one individual's property, and with an outlet where the flow can be controlled for at least three days following application of the algicide.
• Activities to control mosquitos that meet certain requirements. Contact the VTDEC at (802) 241-3777 for specifics.
• The use of "pond clarifiers" or products sold under various trade names containing bacteria that according to the labels "reduce sludge, odors and excess nutrients." However, since the use of these products involves putting something into waters of the state, a discharge permit is needed for their use. Contact the VTDEC Wastewater Management Division at (802) 241-3822 for information.
• Pulling nuisance aquatic plants by hand.

Based on the classification of the permit application, appropriate opportunity for public notice and comment period will be established. The VTDEC will accept comments or requests for a public informational meeting for not less than 10 days following the publication of the application in the paper. The VTDEC may initiate an informational meeting on a permit application or a draft decision, if deemed necessary. If a meeting is held, the applicant will be required to explain the proposed activity.

A decision by the Department to issue or deny a permit may be appealed to the Vermont Environmental Court, 2418 Airport Road, Suite 1, Barre VT 05641-8701, Telephone (802) 828-1660, within thirty days of the date the decision is issued, pursuant to 10 V.S.A. § 1269.

Permit Duration

A completed application form, all required application attachments, and the appropriate application fee must be submitted for your application to be deemed complete. Submit your completed application package at least 90 days before the date you would like to begin the proposed activity to:

Please review Instructions for Permit Applications (pdf, 113 KB)

A minor modification request should be made by the permit holder in the form of a letter addressed to the VTDEC. A major modification request should be submitted by the permit holder by completing an appropriate permit application form for the control activity and submitting the application to the VTDEC. The appropriate application fee must accompany the application form. Major modifications are subject to public notice.

To clarify whether a modification request is minor or major, or for other information regarding aquatic nuisance control permits please contact the Water Quality Division.

Updated: June 2004