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After further information has been received and reviewed, Wisconsin Green Industry Federation recommended that Hairy Bittercress be categorized as non-restricted rather than either prohibited or restricted as it is common to container plantings, extremely difficult and not feasible to control it in nursery containers, according to WGIF executive director Brian Swingle. Both prohibited and restricted classification would make it illegal to sell, transport or distribute plants where this noxious weed is commonly found in nursery and greenhouse grown containers due to its love for moist environments and reproduction cycle. Hairy Bittercress is found throughout the northern half as well as southeastern United States. Please take this information into consideration when submitting comments to the Wisconsin Department of Natural Resources re: NR 40 Invasive Species Economic impacts of proposed rule revisions. The Department of Natural Resources is in the process of preparing an economic impact analysis for the proposed revisions to ch. NR 40, Wis. Adm. Code. The proposed rule package includes revising and clarifying rule language, listing additional species, delisting currently regulated species, and updating scientific names of species. The public EIA comment notice, a preliminary draft of the EIA, and a draft of the rule order are available. Additional information on the rule and the proposed species can be found on the DNR administrative rules webpage or on the DNR invasive species webpage keyword "NR 40." DNR took comments on the economic impact for landscape and nursery plant sellers until Dec. 31. Hairy Bittercress is proposed on this list to be prohibited. This would mean it can't even be a weed present in a container perennial or found growing under the bench. This is a common weed in the nursery business in Wisconsin. WGIF believes that is should be listed as restricted or prohibited as it is too widespread (and difficult to control) to be placed in the prohibited category. A prohibited classification would mean that it would be illegal to possess or transport and that landowners must take measures to eradicate it.
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
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