Permits in Michigan


Please Note:

We do not consider reading this page to be a substitute for attending a workshop where you can see and hear all of the details of this subject. In addition, being able to clarify any questions you have about the materials provided can be very important in making sure the work is done properly, in conformance with all regulations and that the results are rewarding.

 

phragmites fire
Walpole Island 40' phragmites flames. photo by Chuck Miller

 

Phragmites Control Permits in Michigan

The following is our ttempt at a simplified description of the Phargmites control permit requirements in the State of Michigan. This information is usually presented as part of a Phragmites Control Workshop. The subject of permits for Phragmites control can be complicated and not easy to figure out by yourself. It is better understood when discussed in a workshop setting where the reader can ask questions, see maps and diagrams, hear examples and be involved in the discussion. It is provided here only as a guide. . For proper interpretation of applicability of Michigan rules to your particular situation contact the MDEQ and/or the MDA. Additional information and links to appropriate websites are available at the bottom of this page.


Permits to Chemically Treat Phragmites

Army Corps of Engineers - ACE
We know of no ACE regulations regarding treating plants in or near the water.

Michigan Department of Environmental Quality - MDEQ
There are no restriction and no permit needed to treat phragmites which is above the ordinary high water mark (OHWM). In addition, no permit is needed for treating Phragmites in or around a private pond of 10 acres or less which has no outlet, where all owners of the pond give their permission and there is no record of threatened or endangered species at the site. In this case a permit is not needed, however, you will need to use only herbicides which are approved by the DEQ for Aquatic Nuisance Control. Using herbicides in and around other inland wetlands, ponds, lakes etc. in most cases will require a permit and you will need to use only herbicides which are approved by the MDEQ for Aquatic Nuisance Control. (see below for webpage)

If you wish to treat Phragmites in the area between the ordinary high water mark and the current water's edge or which is in the water you will need an Aquatic Nuisance Control (ANC) permit and you will need to use only herbicides which are approved by the DEQ for Aquatic Nuisance Control. This also applies to waters of the canals and the adjacent lands.

All of the above herbicide treatments are regulated under the Aquatic Nuisance Control, Part 33, Act 451 of 1994. Permit applications are accepted only October 1 through August 15. If you are going to spray starting in the beginning of August you should submit your application no later than mid June. The fee will be $75 for up to ½ acre, but, can be up to $1500 for large parcels. Larger areas along the Great Lakes and Lake St. Clair (not inland) can apply for a single permit for only a $75 fee. Acreage does not matter. Individual property owners do not need to apply for a separate permit, as long as the only species they are treating is phragmites. DEQ has said that they would permit up to an entire township, so if someone is willing to organize signatures for permission to treat, only one permit would be required for a group of homeowners, resulting in significant savings of time and money for the group. Following the treatment you are required to submit a Treatment Report to the MDEQ by November 30th.

Note: According to my discussion with MDEQ staff, cutting and/or treating Phragmites with herbicide does not fall under regulations which govern "removing vegetation" since the root system stays in the ground intact to prevent erosion. Do not disturb any soils or bottomlands during the cutting and/or treating processes. We do not recommend any such disturbance to the land. In our opinion, attempting to dig out the roots will not help in the control of phragmites. If you are proposing to dredge or remove soil, place any fill material or drain any surface water, a wetlands permit is most likely required. You should consult with the Michigan DEQ.

MDEQ Webpage "Control and Management of Invasive Phragmites"
MDEQ Webpage on Permit Information
MDEQ Approved Chemicals
MDEQ Required Sign

For additional information see our webpage about Michigan Webpages and Laws. If you have any questions about the permit process you can Email: DEQ-LWM-ANC@michigan.gov or telephone 517-241-1554.

Michigan Department of Agriculture - MDA
There are no permits required from the MDA for Phragmites herbicide treatments. However, if you choose to hire a company to do the work and they are going to spray near water they must have a Pesticide Application Business License with a Category 5 (Aquatic Pest Management) classification and the person who does the work needs to be an MDA Certified Commercial Pesticide Applicator whose certification includes Category 5. A list of Certified Commercial Pesticide Applicators is available online at http://www.michigan.gov/mda/0,1607,7-125-1569_16988_35288-11993--,00.html or you can call the MDA at 517-373-1087 for assistance.


Permits to cut Phragmites

Army Corps of Engineers - ACE
We know of no ACE regulations on cutting plants in or near the water.

Michigan Department of Environmental Quality - MDEQ
There is no restriction on or permit needed to cut Phragmites which is on ground above the ordinary high water mark (OHWM).

If you wish to cut Phragmites in the area between the ordinary high water mark and the current water's edge or which is in the water you may need a permit.

In those areas of Michigan regulated under Michigan Inland Lakes and Streams, Part 301, a person may cut their Phragmites down to not closer than two inches from the ground or water line without a permit. The use of mechanical equipment such as brush cutters, mowers and weed whips in the water is prohibited. The use of mechanical equipment on the land is not prohibited. We recommend you consider cutting while the ground is frozen to create minimum disturbance to the soils.

In those areas of Michigan regulated under the Great Lakes Submerged Lands, Part 325, a person may cut the Phragmites but they must obtain a permit from the DEQ. With the application for permit the landowner must submit a phragmites control plan. If the applicant is requesting to mow as part of a phragmites control program in keeping with DEQ recommendations, it's likely that this authorization would be granted. Applicants requesting to mow alone, disk or otherwise eliminate all vegetation will not likely receive authorization. The use of mechanical equipment such as brush cutters, mowers and weed whips in the water is prohibited. However, cutting Phragmites in the water with mechanical equipment may be approved if cutting is done when the water is completely frozen. Restrictions would be placed in the permit language to make it clear that the permittee must take all necessary precautions to prevent disturbances that could be caused by the equipment falling through the ice. Under permit and with an invasive sepcies control plan the use of mechanical equipment on the land is not prohibited, however, we recommend you consider cutting while the ground is frozen to create minimum disturbance to the soils. In some instances you may be able to apply using a short form application. It appears that such activity may be covered under the "General Permit Category for Limited Great Lakes Shoreline Management Activities dated August 1, 2007." Authorization under the General Permit (GP) is good for a five year period. The permit fee will probably range from $50 to $100.

The DEQ requires that cutting of Phragmites be done as part of a defined Phragmites control plan under the General Permit. See the DEQ pamphlet "A Landowner's guide to Phragmites Control" and the four page DEQ document entitled "The Control of Phragmites Under the General Permit for Limited Great Lakes Shoreline Management Activities." Both documents are linked directly from our website at permits.phragmites.org. A Phragmites control plan will generally include an herbicide treatment followed by cutting since cutting alone may encourage the spread of the plant. The DEQ also has provisions to allow limited cutting of vegetation to a height of 30 inches where isolated or low density infestations occur between August 1 and the first killing frost. This will allow some management of the plant without use of herbicides and without removing native vegetation. In addition, limited mowing is allowed under some other provisions of the General Permit - e.g. for pathways or recreational areas. However, the General Permit (GP) does not authorize or encourage unlimited mowing of Phragmites in areas below the Ordinary High Water Mark (OHWM) of the Great Lakes since this practice has been shown to contribute to the spread of this species.

For information on how to obtain permits go to www.michigan.gov/deq

If you have any questions about the MDEQ permit process you can telephone the MDEQ - Tracy Collin at 517-241-4506.

Michigan Department of Agriculture - MDA
We know of no MDA regulations regarding the cutting of Phragmites.


Permits to burn Phragmites

Though the MDEQ may regulate the cutting of phragmites in some situations it appears that they do not regulate the burning of Phragmites. In addition the ACE and MDA appear to have no regulations regarding the buring of Phragmites. However, a local burn permit will be required, if allowed at all. In some communities no burning of property is allowed at all. Consult with the local fire department. If you are going to burn we recommend that you use only a professional burn crew to burn Phragmites.

Permits to physically remove Phragmites

Removing, in this case, means digging out or attempting to remove the roots. We do NOT recommend any methods of phragmites control which involves any disturbance to soil or to bottomlands below the water. In our opinion, attempting to dig out the roots will not help control phragmites and in most cases may make the situation worse. If you are proposing to dig out roots, dredge or remove soil, place any fill material or drain any surface water a wetlands permit is most likely required. You should consult with the Michigan DEQ.

Permits When Disturbing Wetlands Soils

On our website and in our workshops we do NOT discuss any methods of phragmites control which involves any disturbance to the soil or bottomlands below water. We do not recommend any such disturbance to the land. In our opinion, attempting to dig out the roots will not help in the control of phragmites. If you are proposing to dredge or remove soil, place any fill material or drain any surface water a wetlands permit is most likely required. You should consult with the Michigan DEQ. The following website may be of help. Michigan DEQ -Wetlands Permits


Additional References

Visit our webpage on Michigan Webpages and Laws.



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