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N.J.A.C. 7:30-9.3 is the regulation that mandates an Aquatic Pesticide Permit for most applications of pesticides to any "waters of the State" or on aquatic sites. To determine if a permit is necessary, for the type of application you intend to make, read the following:

According to the Pesticide Control Code N.J.A.C. 7:30:

"Aquatic pesticide means any pesticide that contains labeling instructions indicating that the pesticide is intended for use on aquatic sites, except for those uses listed below. If a pesticide label contains both exempted and non-exempted aquatic uses, the pesticide shall still be considered an aquatic pesticide for the purposes of this chapter:

1. Pesticides labeled only for flushing down toilets or to be directly applied to water or sewer pipes, for use in controlling tree roots inside those pipes;
2. Pesticides labeled only for use in cooling towers,
3. Pesticides labeled only as algaecides for use in swimming pools, hot tubs, ornamental ponds, fountains, fish tanks, or water beds. These sites are an artificial, self-contained water with no inlet from or outlet to "natural" water and with label statements prohibiting such discharge; or
4. Algaecides labeled only for use in water treatment plants, wastewater treatment plants or sewerage treatment plants.
5. All "Aquatic Pesticides" are considered restricted use in New Jersey.

An "aquatic site means those areas meeting the definition of waters of the state or wetland."
"Water or waters of the State means the ocean and its estuaries, all springs, streams, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State or subject to its jurisdiction."

A "Wetland means a freshwater wetland pursuant to N.J.S.A. 13:9B-3, a coastal wetland pursuant to N.J.S.A. 13:9A-2 or any wetlands located within the jurisdiction of the Hackensack Meadowlands Commission pursuant to N.J.S.A. 13:17-1 et seq., or the Pinelands Commission pursuant to N.J.S.A. 13:18A-1 et seq."

All pesticides labeled for aquatic use are restricted use in New Jersey. This includes the copper products. The purchase and application of a restricted use pesticide requires certification and licensing as a pesticide applicator. An application of ANY pesticide to an aquatic site requires an Aquatic Pesticide Permit. An Aquatic Pesticide Permit shall not be required if;

1. The application is made to waters of the State which are not used as a source of potable water, and:
2. The application is made to waters of the State which have no outlet, and;
3. The application is made to waters of the State which are bounded by land wholly owned or rented, and controlled, by one person; or
4. The application is made to control mosquitoes or flies which then falls under the Pesticide Control Program's Mosquito/Fly Control Permit Program; or
5. The application is made to drainage ditches with no water flow, which are not used for any other purpose besides drainage.

If you need an Aquatic Pesticide Permit, complete the application form and required sketch entirely, using the following instructions and submit to the address indicated on the last page.

NOTE: It is important to determine whether or not the body of water you intend to treat is within the Pinelands Commission's jurisdiction (Pineland Municipalities, NJ Pinelands Map) prior to submission of the Aquatic Pesticide Permit application.

If the body of water you intend to treat is not within the Pinelands Commission's jurisdiction, skip a, b, and c below. If it is within their jurisdiction you must follow steps a, b and c.

a. Determine if the body of water you intend to treat is defined as a "lake", "pond", or an "aquatic site" according to the Memorandum of Agreement Between the New Jersey Pinelands Commission and the New Jersey Department of Environmental Protection, Pesticide Control Program. In the Pinelands Area, these sites are defined as follows:

1. "Lakes" and "ponds" will refer to seasonal or permanent standing bodies of water.

2. "Aquatic sites" will refer to all areas, other than lakes and ponds, which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. However, specific areas where hydrophytes are being grown as an agricultural crop shall not be considered to be aquatic sites.

b. If the body of water is defined as a "lake" or "pond" in accordance with the agreement, attach a note to your application indicating that the body of water is within the Pinelands, skip c. below and follow the rest of the instructions for completing the Aquatic Pesticide Permit form. Your application will be sent to the Pinelands Commission by the Pesticide Control Program for comment. If you do not indicate that your proposed treatment is within the Pinelands jurisdiction your application may be delayed.

c. If the body of water is defined as an "aquatic site" in accordance with the agreement, you will need to receive a Certificate of Filing from the Pinelands Commission before submitting your Aquatic Pesticide Permit application to the Pesticide Control Program.

For more information or a copy of the Memorandum of Agreement, contact the Pinelands Commission at (609) 894-9342 or Hollie Ezze at the Pesticide Control Program at (609) 984-6666.


Under the provisions of NJAC 7:30-9.2, anyone who applies any pesticide on a community or area wide basis for the control of larval or adult forms of mosquitoes and/or flies (in the Order Diptera) must have an approved Mosquito/Fly Control Permit prior to application. Community or area wide is defined as "any pesticide application performed on aggregate areas greater than three acres of land or water which is either part of a pesticide control program performed or contracted by a governmental agency or is performed by, or contracted for, one person who has control over the use of the land to which the pesticide is applied".

The exceptions to the permit requirement are:

1) Applications made for agricultural purposes; or
2) Applications conforming to the provisions of the Mosquito Extermination statutes (NJSA 26:9-1 et seq.).

If the proposed treatment is for mosquito control, contact your County Mosquito Control Agency to arrange to have your equipment checked and to discuss your proposed control program. The county mosquito control agency will send the application to the Pesticide Control Program for our review. If your county mosquito control agency will not cooperate in this program, contact the Pesticide Control Program at (609) 984-6666 for alternate instructions.

If the proposed treatment is for fly control, send your application directly to the Pesticide Control Program. Applications, for mosquito or fly control, are also reviewed by the State Office of Mosquito Control Coordination. The issuing authority for all permits, however, is the Pesticide Control Program.

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Copyright © State of New Jersey, 1997-2008
Department of Environmental Protection
P. O. Box 402
Trenton, NJ 08625-0402

Last Updated: August 6, 2013