Permitting Procedure for Chemical Control of Aquatic
Weeds on “Private” Waters
For this purpose only, private waters can be defined as those waters which are completely surrounded by private land and have no possible connection via waterways to public waters.
q The pond owner must fill out the “Water Resource Enhancement or Restoration Project” application form and send it to DENR in Pierre. (74:51:01:60)
q The applicant must publish, at his expense, a notice of application for approval of his project in one newspaper that serves the affected area. The secretary of DENR shall provide the notice and shall approve or select the newspaper. The notice shall be published at least 10 days before the start of the project. The notice shall include a summary of the project and the secretary’s recommendation. If no comments are received, the secretary shall approve or deny the project. (74:51:01:61)
q A project that includes only the application of a registered pesticide is not subject to notification requirements if all the following criteria are met:
The registered pesticide will not be applied within one-half mile of a well or surface intake used as a public water supply source;
The registered pesticide will be applied only to surface waters of the state that are not designated for the beneficial use of immersion recreation and limited contact recreation; and
The project will not affect more than 70 percent of the aquatic vegetation existing before the first application as approved by the secretary. (74:51:01:61)
q If the project requires public notice and is contested in writing, the water management board shall hold a hearing and approve or deny the project. (74:51:01:62)
q Any person applying restricted-use pesticides must have a private or commercial applicator’s license from the South Dakota Department of Agriculture.