The Bureau of Pest 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 provides 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 pursuant to 6 NYCRR 326.2(h). A restricted use aquatic pesticide for use in surface waters is only available for purchase and use by the holder of a pesticide certification identification card or a purchase permit.
Restricted use aquatic pesticides are available to homeowners 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, who has applied to their DEC regional office and has been granted an Aquatic Pesticide Purchase Permit.
Article 15 states that an Aquatic Permit is required for the direct application of an aquatic pesticide to surface waters of the State of an acre or more in size.
Both the Aquatic Permits and Aquatic Pesticide Purchase Permits are issued by the Department's Regional Office that serves your county.
There are three types of Aquatic Permits governed by Article 15:
Part 327 Use of Chemicals for the Control or Elimination of Aquatic Vegetation
Part 328 Use of Chemicals for the Control or Extermination of Undesirable Fish
Part 329 Use of Chemicals for the Control or Elimination of Aquatic insects
You may find the regulations for each type of Aquatic Pesticide Permit on our Pesticide Control Regulations webpage.
Article 15, Part 327 and Part 328 Aquatic Permit Applicants are required to use the Bureau of Pest Management application package,"Application For a Permit to Use a Pesticide For The Control of an Aquatic Pest" (AQV, 04/09). The package consists of:
- Cover Letter (PDF) (89 KB)
- Application (PDF) - (93 KB)
- Instruction Sheet (PDF) - (178 KB)
- Checklist (PDF) - (77 KB)
- Attachment A: Sample Riparian Notification/Consent Letter (PDF) - (70 KB)
- Attachment B: Certification of Riparian Notification (PDF) - (57 KB)
In addition, permit applicants proposing to use a pesticide for the control or elimination of aquatic vegetation in water bodies meeting certain criteria delineated on the form will be required to submit:
A properly completed site specific Aquatic Vegetation Management Plan, as described in Appendix A: Elements of an Aquatic Plant Management Plan, of the Division of Waters' Primer on Aquatic Plant Management in NYS, or a site specific Environmental Impact Statement, may serve as a substitute for the Supplemental Aquatic Vegetation Management Project Information Form.
Please contact the Regional office that serves your County to request an Article 15, Part 329 Use of Chemicals for the Control or Elimination of Aquatic Insects Aquatic Permit application.
Permit applicants should submit all applications for Aquatic Permits to the Regional Bureau of Pest Management staff from the Department Regional Office that serves your county.
Aquatic Pesticide Permit Program Policy DSHM-PES-05-05
The Aquatic Pesticide Permit Program Policy indentifies the procedures and framework to the DEC Regional Bureau of Pest Management for the issuance of Article 15 Aquatic Pesticide
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.
Environmental Impact Statements and SEQR
In New York State, most projects or activities proposed by a state agency or unit of local government, and all discretionary approvals (permits) from a NYS agency or unit of local government, require an environmental impact assessment as prescribed by 6 NYCRR Part 617 State Environmental Quality Review (SEQR). [Statutory authority: Environmental Conservation Law Sections 3-0301(1)(b), 3-0301(2)(m) and 8-0113]. SEQR requires the sponsoring or approving governmental body to identify and mitigate the significant environmental impacts of the activity it is proposing or permitting.
A Generic Environmental Impact Statement on Aquatic Vegetation Management (GEIS) was completed in 1981 satisfying SEQR for the issuance of Article 15 Aquatic Pesticide Permits for all the aquatic herbicide active ingredients registered for use in waters of the State at the time (endothall, diquat, copper sulfate, 2,4-D). A Supplemental Environmental Impact Statement (SEIS) was completed for all subsequently registered aquatic active ingredients.
Unless the potential for a significant environmental impact is identified during the review of an Article 15 Aquatic Pesticide Permit application, the following Environmental Impact Statements will satisfy SEQR. If the potential for a significant environmental impact is identified, such as the presence of a protected species, a site specific Environmental Impact Statement may be required.
1981 Aquatic Vegetation Management GEIS
1995 SEIS for Fluridone and Glyphosate
2007 SEIS for Triclopyr
2009 SEIS for Imazamox
2013 SEIS for Hydrogen Peroxide
Except in the Adirondack Park, where the Adirondack Park Agency administers the Freshwater Wetlands Act, under the ECL Article 24 Freshwater Wetlands Act and the ECL Article 25 Tidal Wetlands Act, The Division of Environmental Permits in DEC regulates activities, including pesticide applications, in freshwater and tidal wetlands, and in their adjacent areas. DEC regulates such activities to prevent, or at least to minimize, impairment of wetland functions.
State Pollutant Discharge Elimination System (SPDES) General Permit for Point Source Discharges from Pesticide Applications - Permit No. GP-0-11-001
This SPDES General Pesticide Permit is required and will authorize coverage for point source discharges resulting from any application of a pesticide labeled for aquatic uses directly to, in, or over a surface water of New York. The SPDES General Pesticide Permit is administered by the Division of Water in DEC.
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 (04/09) 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 (04/09) - Checklist for Form Number AQV (04/09) 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