Invasive species rule – NR 40

INVASIVE SPECIES IDENTIFICATION, CLASSIFICATION AND CONTROL

Wisconsin’s invasive species rule, Wis. Admin. Code NR 40 [PDF exit DNR], makes it illegal to possess, transport, transfer or introduce certain invasive species in Wisconsin without a permit. Everyone is responsible for complying with these regulations. What you need to do as an individual, business or organization may vary depending on your type of work and activities.

UPDATING THE RULE

In July 2025, the DNR initiated an administrative rule process to update the invasive species rule. NRB Order Number NH-08-25 is part of the Proposed Permanent Administrative Rules for the DNR.

A wide range of input opportunities occur from providing input on initial recommendations through the administrative rule development process.

Input Opportunities	Dates	Materials and/or Recordings
Wisconsin Invasive Species Council Information Sessions on Species Assessment Group Recommendations	Spring 2024	Watch the recordings.
Preliminary Public Hearing on Statement of Scope	Oct. 9, 2025	Watch the recording.
NRB Meeting for Approval of Statement of Scope	TBD
Public Hearing on Fiscal Estimate/Economic Impact Analysis and Draft Rule	TBD
NRB Meeting for Adoption	TBD

BACKGROUND ON THE RULE

In 2001, the Wisconsin Legislature directed the DNR to develop a statewide program for managing invasive species. By 2004, the Wisconsin Invasive Species Council was formed to support this effort.

On Sept. 1, 2009, Chapter NR 40, Wisconsin’s Invasive Species Identification, Classification, and Control Rule, was adopted. Chapter NR 40 provides a clear, consistent, and enforceable statewide framework for identifying and managing invasive species—ensuring more effective action and better protection for Wisconsin’s lands and waters. This rule helps the public recognize and reduce the spread of harmful non-native plants, animals, invertebrates, and pathogens across the state. Learn more about the impacts of invasive species and why we should care.

The invasive species rule was last revised in 2015 (effective).

In August 2024, the Wisconsin Invasive Species Council submitted recommendations to the department on updates to the classification of species. Learn more about the council and the species assessment process.

PROHIBITED AND RESTRICTED SPECIES REGULATIONS

Wisconsin Statute Section 23.22 (1) (c) defines invasive species as "nonindigenous species whose introduction causes or is likely to cause economic or environmental harm or harm to human health."

The invasive species rule divides species into two categories, "Prohibited" and "Restricted,” with different regulations and control requirements.

PROHIBITED SPECIES REGULATIONS

Cannot transport, possess, transfer or introduce without a permit.
Control is required. The DNR may order or conduct a control effort.

RESTRICTED SPECIES REGULATIONS

Cannot transport, transfer or introduce without a permit.
Possession is allowed except for fish or crayfish.
Control is encouraged but not required

CONTROL REQUIREMENTS FOR PROHIBITED SPECIES

The rule establishes control measures for prohibited species to enable a rapid response to control or eradicate species before they become established or spread.

With landowner permission or a judicial inspection warrant, the department may inspect for, sample and control prohibited species only.

Individuals found responsible for the presence of a prohibited species on property they own, manage or control may be ordered to implement approved control measures.

If a control order is not followed and the DNR undertakes control measures, the agency may seek cost recovery from the responsible party.

EXEMPTIONS

The DNR may issue permits for research or public display of any listed invasive species. For species other than invasive fish and crayfish, permits may also be granted for additional purposes.

For a full list of exemptions for prohibited species, see NR 40.04 (3) [exit DNR], and for restricted species, see NR 40.05 (3) [exit DNR].

PREVENTATIVE MEASURES

The rule establishes “Preventative Measures” to show what actions we can take to slow the spread of invasive species. Certain preventive measures are required under NR 40.

NR40 AQUATIC PREVENTIVE MEASURES

Notify the DNR of escaping restricted invasive fish species from a safe facility.
Remove all attached aquatic plants and aquatic animals from vehicles, boats, trailers, equipment and gear of any type immediately upon their removal from the water.
Drain all water from any vehicle, equipment other than boating or fishing equipment, or gear of any type immediately upon its removal from the water.
Remove all attached aquatic plants and aquatic animals from vehicles, boats, trailers, equipment and gear of any type before bringing them into the state over land for use on any water of the state or its bank or shore.
Drain all water from any vehicle, equipment, other than boating or fishing equipment, or gear of any type before bringing it into the state over land for use on any water of the state or its bank or shore.
Remove attached aquatic plants and aquatic animals from any vehicle, certain boats, boat trailers and equipment and gear of any type or from a seaplane before placing it in any water of the state and before taking off in a seaplane or transporting a vehicle, boat, boat trailer, equipment or gear of any type on a public highway.
Do not use a prohibited invasive fish or crayfish species as bait.
Do not introduce a nonnative aquatic plant, algae or cyanobacteria species into any state water.

NR40 INSECT AND DISEASE QUARANTINES

Do not transport "identified carriers" — materials that are covered by a department infestation control zone designation or a DATCP or USDA APHIS quarantine order.
Follow decontamination protocols designed to prevent further spread of white-nose syndrome.

OTHER RULES

NR40 preventive measures complement existing statutes and rules, such as:

For additional guidelines on how to slow the spread of invasives, visit:

COMPLIANCE

To comply with the invasive species rule, follow these general guidelines:

UNDERSTAND THE LAW

Familiarize yourself with ch. NR 40 and how it may apply to your work.
Know which species are regulated in your county and their classification (prohibited or restricted).

FOLLOW LEGAL REQUIREMENTS

Do not buy, sell, transport, or introduce invasive species without a permit.
Inspect boats, trailers and equipment and remove all invasive species before and after use.
Avoid using regulated species in landscaping, restoration or other projects.
Do not move firewood — transporting it can spread invasive pests and diseases.

INVASIVE SPECIES PERMITS

To apply for a permit to transport, transfer, introduce or possess a species regulated under NR 40 in Wisconsin, visit the Invasive Species Permit webpage.

Aquatic plant management work often requires an NR 107 or an NR 109 permit. To determine if your project requires an NR 107 or NR 109 permit and how to apply, visit the Aquatic Plant Management webpage.

Invasive species rule – NR 40

INVASIVE SPECIES IDENTIFICATION, CLASSIFICATION AND CONTROL