Aquatic Pesticide Permits
DEC's Bureau of Pesticides Management is responsible for the administration of the Aquatic Pesticide Permit Program. The regulations for each type of Aquatic Pesticide Permit can be found at our Pesticide Control Regulations webpage.
Due to the sensitive nature of aquatic pesticide applications, DEC has restricted those pesticides that are labeled for use in surface waters pursuant to 6 NYCRR 326.2(h). A restricted use aquatic pesticide 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.
ECL Article 15 states that an Aquatic Pesticide 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 Pesticide Permits and Aquatic Pesticide Purchase Permits are issued by the Regional Office that serves your county.
Aquatic Pesticide Permit Application
Article 15, Part 327, Part 328, and Part 329 Aquatic Permit Applicants are required to use the Pesticides Management application package "Application For a Permit to Use a Pesticide For The Control of an Aquatic Pest" (AQV), which is available in PDF format (531 KB) and Word format (101 KB). Some applications will require use of the Aquatic Pesticide Downstream Modeling spreadsheet (Attachment D) (Excel - 141 KB).
Permit applicants must submit all applications for Aquatic Pesticide Permits to Pesticides Management staff at the DEC Regional Office that serves your county.
Aquatic Pesticide Permit Renewal Application
Permit applications for the control of algae or cyanobacteria that are identical to the previously issued permit may be eligible for renewal. The treated water cannot be subject to any water use restrictions indicated on the pesticide product label. The Renewal application is available in PDF format (197 KB) and Word format (95 KB).
Aquatic Pesticide Permit Program Policy DSHM-PES-05-05
The Aquatic Pesticide Permit Program Policy identifies the procedures and framework used by DEC Bureau of Pesticides Management for the issuance of Article 15 Aquatic Pesticide Permits.
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) (link leaves DEC website). [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 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.
2007 SEIS for Triclopyr (PDF) (1.13 MB)
2009 SEIS for Imazamox (PDF) (2.65 MB)
2013 SEIS for Hydrogen Peroxide (PDF) (3.66 MB)
2014 Statement of Findings (PDF) (3.15 MB)
DEC's Division of Environmental Permits regulates activities, including pesticide applications, in freshwater and tidal wetlands, and in their adjacent areas, except within the Adirondack Park. 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 within the Adirondack Park.
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.