January 2008

Working with Landowners to Implement

Agricultural Performance Standards & Prohibitions
Under Chapter NR 151, Wis. Adm. Code

John Pfender, WDNR

TABLE OF CONTENTS

Introduction ……………………………………………………… 2

Overview ……………………………………………………… 2

Status Letters ……………………………………………… 3

Notification Letters ………………………………………… 3
Satisfaction Letters ………………………………………… 4
Notification Flow Chart …………………………………… 5

Letter Types: Use and Content …………………………………….6

Status Letter Type A ……………………………………….6

Status Letter Type B ……………………………………….7
Notification Letter Type C ………………………………… 8
Notification Letter Type D ………………………………… 9
Satisfaction Letter Type E …………………………………. 10

Additional Information …………………………………………….. 10

Letter Templates ……………………………………………………. 12

Template: Letter Type A …………………………………… 12

Template: Letter Type B …………………………………… 14
Template: Letter Type C ……………………………………
15
Template: Letter Type D …………………………………… 20
Template: Letter Type E …………………………………… 24

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 January 2008

Working with Landowners to Implement

Agricultural Performance Standards & Prohibitions
Under Chapter NR 151, Wis. Adm. Code

INTRODUCTION

This document shows the steps involved in documenting and communicating critical
information to farmers concerning their compliance status with agricultural performance
standards and prohibitions and required management actions. It addresses primarily
“existing” cropland practices as defined under NR 151.09(4)(b) and “existing” livestock
facilities as defined under NR 151.095(5)(b). Modifications to this process will be
needed when addressing non-compliance with performance standards and prohibitions
for “new” practices and facilities. The main difference is that there are no formal noticing
requirements under Chapter NR 151 for situations where “new” practices and facilities do
not meet performance standards and prohibitions. In these situations, the farmer can be
required through stepped enforcement to comply immediately without cost sharing.

This document identifies when and how critical information concerning compliance with
performance standards and prohibitions should be formally transmitted in writing to the
landowner. This will assure that the proper records are created to competently administer
the state law for achieving and maintaining compliance. This document assumes that the
Implementation Strategy for NR 151 Agricultural Performance Standards and
Prohibitions is being implemented. That implementation strategy can be downloaded
from: http://dnr.wi.gov/runoff/pdf/ag/strategy151.pdf.

OVERVIEW

There are five points in the communication strategy when letters to the landowner are
either required or strongly advised. Figure 1 charts the communication process and shows
when each of the five pieces of written correspondence should be used. In the figure,
squares represent action items (includes sending letters), hexagons pose questions and
circles are control points (yes, no). For reference, the action items (squares) are labeled
with numbers (1-9).

The text of this document explains what should be communicated at each point in the
communication process. Sample letters are attached. Throughout, the phrase “practices
and facilities” means cropland practices and livestock facilities.” These letters may be
modified to suit the sensibilities of local staff and context-specific facts of the situation
being addressed. However, care must be taken to assure that the critical content
identified for each letter is maintained. This is especially true for formal notices issued
under ss. NR 151.09 and NR 151.095. These are presented in this document as
Notification Letters C & D. These notices must contain specific information to be valid.

The correspondence letters can be broken into three general categories: status letters,
notification letters and satisfaction letters. These are described below.

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Status Letters. This category includes Letters A & B. The status letter is typically used
as a cover letter to the detailed compliance status report. Although status letters are not
legally required under s. NR 151.09 or NR 151.095, their use is included in the
Implementation Strategy for NR 151 Agricultural Performance Standards and
Prohibitions and as such are highly recommended.

A status letter provides the landowner with an interpretation of the compliance status
report for each parcel on the farm. The letter identifies general landowner responsibilities
relating to achieving and maintaining compliance. These letters are informational only
and are not the appropriate vehicle for establishing enforceable compliance requirements
for “existing” practices and facilities. (Note: Enforceable compliance requirements for
“existing” practices and facilities must be conveyed to the landowner in a notice meeting
the requirements of s. NR 151.09 or NR 151.095.) They are the appropriate vehicle for
informing the landowner of requirements to maintain in perpetuity compliance that has
been achieved, and to be in compliance immediately for all “new” practices and facilities.

There are two types of letters in this category. Letter Type A (see Figure 1, #3) covers
situations where only some of the practices and facilities on the farm are in compliance.
This will probably be the letter that fits most situations in the near future. Letter Type B
(see Figure 1, #2 and #9) is used when the entire farm has achieved compliance with all
applicable standards and prohibitions on all parcels and a comprehensive letter of
“closure” is desired.

Notification Letters. This category includes Letter Types C & D. These letters are used
to make formal notification under ss. NR 151.09(5), NR 151.09(6), NR 151.095(6) and
NR 151.095(7)1,2,3. Letter Type C (see Figure 1, #7) is used to require compliance for
“existing” practices and facilities when cost sharing is required. The offer of cost share
must be “on the table” when the notice is issued. This letter can not be issued based on a
cost-share offer that was made in the past but that is no longer available. A notification
letter sets the expectation that enforcement will be initiated should the conditions of the
letter be violated.
__________________________________________________________
1. Prior to enforcement under ch. 281, Stats., the notices referenced in ss. NR 151.09(5), NR 151.09(6),
NR 151.095(6) and NR 151.095(7) must be issued by a governmental unit (including county) or DNR
to an owner of an existing, non-complying cropland practice or livestock facility if:
 DNR funds are used as an offer of cost-share assistance to achieve compliance with performance
standards and prohibitions in NR 151 or local ordinances, or
 DNR is expected to take final enforcement steps, regardless of funding source. In order for DNR
to refer a case to the state’s Attorney General for enforcement, a notice must have been issued,
even if the corrective measures do not involve eligible costs.
2. The Chapter NR 151 notice is not required prior to enforcement under local ordinances against an
existing cropland practice or livestock facility if either 1) a governmental unit (including county) offers
only non-DNR funds for cost-share assistance or 2) the county intends to enforce under its local
ordinance and the corrective measures do not involve eligible costs.
3. ATCP 50.12(2)(h) requires regulatory notification procedures be included in the county Land and
Water Resources Management Plan.

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Letter Type D (see Figure 1, #5) is used to require compliance for “existing” practices
and facilities when cost sharing is not required. Letters Types C and D should be referred
to “NR 151 Notification Letters”. (Note: To avoid confusion, these notification letters
should not be referred to as “Notices of Non-compliance”, or NONs. This is because the
term “Notice of Non-compliance” is used elsewhere in DNR enforcement protocols and
has a slightly different meaning.)

Figure 1 has two points in the decision-making and communication process where the
question is asked: “Should NR 151 Notice be issued?” At both of these junctures, a NR
151 notice could either be issued right away, or delayed and only issued if the landowner
fails to comply voluntarily. Staff may be reluctant to issue the NR 151 notice right away
because of a belief that the landowner would comply voluntarily but may become
alienated and refuse to cooperate if a NR 151 notice is issued. Although the staff may be
able to finesse the situation without ever issuing a notice, it is very important to establish
an informal deadline by which a formal notice will be issued if the landowner does not
come into compliance. This informal schedule should allow enough time to issue a notice
while the cost sharing is still available. This is because the offer of cost sharing must be
on the table throughout the compliance schedule identified in the notice. Regardless, it is
also advisable to include a deadline in the notice for accepting the cost-share offer and in
fact some agencies that provide the cost-share funds may require this.

Remember that regardless of cost-share history or whether a notice was issued, once a
cropland practice or livestock facility is brought into compliance with performance
standards and prohibitions the compliance must be maintained in perpetuity.

Satisfaction Letters. This category includes Letter Type E (see Figure 1, #9). This letter
is used to document satisfaction of the requirements set forth in a notice issued under ss. NR
151.09 and NR 151.095. Letter Type E is not legally required, but is consistent with the
Implementation Strategy for NR 151 Agricultural Performance Standards and
Prohibitions and as such is highly recommended.

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LETTER TYPES: USE AND CONTENT

Status Letter Type A

Use. This letter interprets the Compliance Status Report (CSR) and is used for all such
interpretations except when the farm has achieved full compliance (For full farm
compliance, see Status Letter Type B). This includes situations when it is known that
either all or some of the practices and facilities are out of compliance or when the status
of some practices and facilities is not known and more investigation is needed.

Origin. This letter is addressed to the landowner and operator. The County would
typically sign and send the letter. DNR could co-sign the letter if requested, although
DNR would have to concur with the status determinations before signing.

Content. At a minimum, the letter should include the following. A suggested letter
template is included in the appendix.

 Reference to the Compliance Status Report (CSR) Document. (The CSR document
contains detailed information for each practice and facility. The CSR will include the
compliance status and the basis for the compliance determination, such as on-site
assessment, or records review. Records review includes such things as local permit
history, cost-share agreement implementation history or farmland preservation
certification statements.)

 Identify which governmental unit or agency made the status determinations.

 Statement as to whether additional assessments are needed for the farm, or if the
assessment work has been completed.

 Statement that practices and facilities shown on the CSR to be “existing” and “in
compliance” must be maintained in perpetuity regardless of future cost-sharing. (Two
exceptions are:
 Fields enrolled in CRP or CREP on October 1, 2002 are entitled to additional cost
sharing to stay in compliance after the enrollment period ends.
 Fields re-evaluated in the future using alternative models and found to be out of
compliance using the new model may be entitled to additional cost sharing to
keep the fields in compliance. This would cover re-evaluations using RUSLE2.

 Statement that practices and facilities shown on the CSR to be “existing” and “not in
compliance” must eventually be brought into compliance to protect water quality.
Additional information including the needed management changes, implementation
cost, cost-share offer (if required), implementation deadline and appeals process
relating to these practices and facilities will be sent in a separate letter at the
appropriate time. Clarify that the landowner does not need to wait for cost sharing,
but once a practice or facility that is not in compliance is brought into compliance,
compliance must be maintained regardless of future cost sharing.

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 Statement that practices and facilities shown on the CSR to be “new” must achieve
compliance immediately regardless of cost share.

 Reminder that as additional performance standards and prohibitions become effective,

the farm is subject to reassessment.

 Offer the opportunity for the landowner and operator to discuss the compliance
determinations with County staff if there are questions, concerns or disagreements.
Do not include a reference to the state appeals process as this only applies to formal
notices issued under s. NR 151.09 or NR 151.095.

Status Letter Type B

Use. This letter interprets the Compliance Status Report (CSR) and informs the
landowner and land operator that the entire farm operation is determined to be in
compliance with the performance standards and prohibitions.

Origin. This letter is addressed to the landowner and operator. The County would
typically sign and send the letter. DNR could co-sign the letter if requested, although
DNR would have to concur with the status determinations before signing.

Content. At a minimum, the letter should include the following. A suggested letter
template is included in the appendix.

 Reference to the Compliance Status Report (CSR) Document. (The CSR document
contains detailed information for each practice and facility. The CSR will include the
compliance status and the basis for the compliance determination, such as on-site
assessment, or records review. Records review includes such things as local permit
history, cost-share agreement history or farmland preservation certification
statements.)

 Statement that all cropping practices and livestock facilities on the farm were
determined to be in compliance with applicable performance standards and
prohibitions. Identify the agency making the determinations.

 Statement that if the compliance determination is based on contractual operation and

maintenance periods for best management practices, such as those included on cost-
share agreements, there is an assumption that the practices are being maintained.

 Statement that practices and facilities shown on the CSR to be “existing” and “in
compliance” must be maintained in perpetuity regardless of future cost-sharing. (Two
exceptions are:
 Fields enrolled in CRP or CREP on October 1, 2002 are entitled to additional cost
sharing to stay in compliance after the enrollment period ends.

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 Fields re-evaluated in the future using alternative models and found to be out of
compliance using the new model may be entitled to additional cost sharing to
keep the fields in compliance. This would cover re-evaluations using RUSLE2.

 Reminder that any new cropland practices or livestock operations must meet
performance standards and prohibitions.

 Reminder that as additional performance standards and prohibitions become effective,

the farm is subject to reassessment.

 Offer the opportunity for the landowner and operator to discuss the compliance
determinations with County staff if there are questions, concerns or disagreements.
Do not include a reference to the state appeals process as this only applies to formal
notices issued under s. NR 151.09 or NR 151.095.

Notification Letter Type C

Use. This is the formal notification letter required under ss. NR 151.09(5) and NR
151.095(6) for situations when cost-share must be made available to achieve compliance
with performance standards (See footnote at bottom of page 2). This letter may be
combined with letter Type D as long as it is very clear where cost-sharing does and does
not apply.

Chapter NR 151 establishes notice requirements. Notices are required if DNR funds are
used. Notices are also required if s. 281.98, Stats., will be used as the enforcement
authority. This applies whether the s. 281.98 authority is being used by DNR or the
County District Attorney. For other situations, such as when a local ordinance is being
used as the enforcement authority and non-DNR funds are being used for the cost-share
offer, a notice is not required under Chapter NR 151. It is probably a good idea, however,
to include a formal letter of some sort and in fact such communication may be required
under the local ordinance. In these cases, follow the local laws regarding content. It is
also important to note that soil and water resource management plans prepared under
ATCP 50 are required to include notification requirements if the county has regulations
that address performance standards and prohibitions.

Origin. This letter is addressed to the landowner and operator. The letter may be signed
by DNR, the County, or co-signed by both. If the DNR concurs with the status
determinations, then the letter can come from DNR and the state of Wisconsin appeals
language would be inserted. If the DNR does not concur with the status determinations,
or if the standards are being enforced only under a local ordinance, then the letter will
come from the county and only the county appeals language would be used. If there is
the potential for enforcement under both state and local laws and DNR concurs with the
status determinations, the letter can come from both the DNR and the county. In this case,
both appeals clauses should be included in the notice. Should a case actually be prepared
for enforcement, double-jeopardy laws may require which authority will be used to
pursue enforcement.

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Section 281.16(3)(e) of the state statutes establishes agency authority for establishing
what has to be included in the cost-share offer. These are the cost-share availability
criteria mention in the statute. The relevant criteria apply in all cases when a state or local
unit of government uses regulatory authority to enforce the performance standards and
prohibitions.

DNR establishes the cost sharing criteria for sources of funds administered by DNR
under the Nonpoint Source Program statute, s. 281.65, Stats. This includes primarily
TRM grants and NOD grants. DNR uses its cost sharing rules under NR 153 and NR 154
to define what must be included in the cost share offer. DATCP establishes cost sharing
criteria for all other state, federal and local (including funds from NGOs) funding
sources. DATCP has established these criteria under ATCP 50. DNR and DATCP cost
share criteria are very similar, but not identical. Key differences are that DATCP includes
funding for land taken out of production and for routine maintenance of management
practices.

If DNR submits the notice and non-DNR funds are used, then the cost-share availability
finding must be consistent with ch. ATCP 50. DNR and DATCP have established an
interagency review process so that DNR will be sure that the cost share offers in the
notices it issues will meet the requirements of ATCP 50 in those cases when non DNR
funds are being used. These interagency procedures are available from either the DNR
NR 151 Implementation Coordinator or DATCP.

(Note: If a county is using local enforcement authority and non-DNR funds are used, the
notice is not needed at all, but availability determinations must still be consistent with
ATCP 50.)

DNR or the County may take responsibility for delivery. The letter must be delivered in
person or by mail, return receipt requested.

Content. Required notices must include the elements set forth in NR 151.09(5) for
cropland practices and NR 151.095(6) for livestock facilities.

Notification Letter Type D

Use. This is the formal notification letter required under NR 151.09(6) and NR
151.095(7) for situations when cost-share is not required to achieve compliance with
performance standards (See footnote on bottom of page 2). Letter D may be combined
with Letter Type C into one letter.

Origin. This letter is addressed to the landowner and operator. The letter may be signed
by DNR, the County, or co-signed by both. If the DNR concurs with the status
determinations, then the letter can come from DNR and the state of Wisconsin appeals
language would be inserted. If the DNR does not concur with the status determinations,
or if the standards are being enforced only under a local ordinance, then the letter will
come from the county and only the county appeals language would be used. If there is
the potential for enforcement under both state and local laws and DNR concurs with the
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status determinations, the letter can come from both the DNR and the county. In this case,
both appeals clauses should be included in the notice. Should a case actually be prepared
for enforcement, double-jeopardy laws may require which authority will be used to
pursue enforcement.

DNR or the County may take responsibility for delivery. The letter must be delivered in
person or by mail, return receipt requested.

Content. The letter must cover the applicable elements required by NR 151.09(6) and NR
151.095(7).

Satisfaction Letter Type E

Use. This is a letter documenting satisfaction of the requirements in a Notice issued under
s. NR 151.09 or NR 151.095. A modified version of this letter could also be used to
document changes in compliance for situations where a formal notice was not issued.

Origin. This letter is addressed to the landowner and operator. The letter should be signed
by the same party that signed the original notice.

Content. At a minimum this letter should include the following:

 Reference to the original notice including date issued and location of practices and
facilities covered by the notice. (This section would not be included if a notice was
not issued.)
 Statement that corrective actions taken are adequate to meet the performance
standards and prohibitions.
 A list of performance standards and prohibitions that have been satisfied (or are now
met due to changes in management or installation of best management practices)
including the location on the farm of the complying practices and facilities.
 Statement that compliance with the standards and prohibitions for the listed practices
and facilities must be maintained regardless of cost sharing.

ADDITIONAL INFORMATION

Modifications to Letters

“New Practices & Facilities.” The flow chart and sample letters are most useful in
addressing “existing” practices and facilities. Although there are no noticing
requirements for “new” practices and facilities, the law requires that they comply with
standards and prohibitions immediately, regardless of cost sharing. The definition of
“new” cropland practices is found in NR 151.09 and for “new” livestock facilities in NR
151.095.

DNR and local staff will need to communicate information to landowners and operators
about the compliance requirements for “new” cropland practices and livestock facilities.

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The letter types discussed above can be revised so that they apply to “new” practices and
facilities. Suggested modifications include the following:

 Status Letters A and B: These letters are general and are already written to apply to
both “existing” and “new” practices and facilities. They can be used “as-is”.
 Notification Letter C: This letter should not be used at all for “new” practices and
facilities because cost sharing is not required for compliance.
 Notification Letter D: This letter can be modified by removing any references to NR
151.09(5), NR 151.09(6), NR 151,095(6) and NR 151.095(7) since this type of letter
is not technically required under NR 151. Also, change any “existing” references to
“new”. Compliance should be “immediate” or within a very short time period. The
rest of the letter can be used. If the problem is serious, the DNR may want to go
directly to a Notice of Violation (see below), which is the first step in stepped
enforcement.
 Satisfaction Letter E: This letter can be used as is for “new” practices and facilities
that received a modified Notification Letter D.

Informal Processes. These letters will be useful even in situations where a Compliance
Status Report is not available or when there is a desire to convey the desired information
without invoking the authority to issue a formal notice under NR 151.09 or NR 151.095.
Using the letters in these situations will require additional modifications.

Notices of Violation. If a landowner violates the conditions of a notice issued for

“existing” practices and facilities under ss. NR 151.09 or NR 151.095, or fails to meet
performance standards and prohibitions for “new” cropland practices and livestock
facilities, the DNR may issue a Notice of Violation. Notices of Violation, or other
enforcement steps, are developed on a case-by-case basis and are not addressed by this
document.

Compliance Data Bases. A county should use tax parcels as a geographic basis to track
compliance with performance standards and prohibitions. It is desirable to tie data
attributes to a spatial geographic information system. Regardless of whether a GIS
system is employed, it is important to have a data system that recognizes the complexity
of performance standards compliance. Since several performance standards and
prohibitions are likely to apply to any given parcel, it is important to set up a tracking
system that identifies which standards and prohibitions apply for any given parcel, and of
those that apply, what the compliance status is. Ideally, the system will account for
changes in tax parcel delineation and for property sales and transfers.

General checklists that do not account for multiple standards and prohibitions per tax
parcel may be suitable as an initial discussion piece with the landowner, but are not
adequate to establish a data base of compliance.

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TEMPLATE: Status Letter Type A

Date

Name
Street Address
City, State, ZIP

Subject: Status of Compliance with Performance Standards and Prohibitions

Dear ___________:

The (County has)/ (DNR has)/ (County and DNR have) made an assessment of the (cropland practices) /
(livestock facilities) on your farm to determine your degree of compliance, achieved to date, with the
performance standards and prohibitions contained in Subchapter II of Chapter NR 151, Wis. Admin. Code.
The results of assessments conducted to date are contained in the attached Compliance Status Report.
Information about cropland practices and livestock facilities not covered by this assessment will be made
available to you as additional assessments are completed.

Cropland practices and livestock facilities described in the Compliance Status Report will fall into one or
more of the following categories.

Existing or New Cropland Practices or Livestock Facilities 1. Determined to be Compliant. This

designation is assigned to practices and facilities that are determined to be in compliance with one or more
performance standards or prohibitions. The specific performance standards and prohibitions that are
currently being achieved are identified, by land parcel, for each practice and facility.

These practices and facilities must remain in compliance with the specific performance standards and
prohibitions regardless of whether cost sharing is provided to the owner or operator. Since these practices
and facilities are now deemed to be in compliance with the performance standards and prohibitions as listed
in the attached Compliance Status Report, it is imperative that you and any future owners or operators
maintain this level of compliance.

The land conservation staff will inform you of special cost share offers that must be made available to you
if any of these practices and facilities were enrolled in CRP or CREP on October 1, 2002, or are determined
in the future to be out of compliance solely because of a change in evaluation tools or a change in the
performance standard or prohibition.

Existing Practices and Facilities Determined to be Non-Compliant. This designation is assigned to

existing practices and facilities that do not meet one or more of the performance standards or prohibitions.
The specific performance standards and prohibitions that are not being met are identified, by land parcel,
for each practice and facility.

Additional information about these practices and facilities will be sent to you at a future date. This
information may be given to you either as a recommendation or as a requirement. Recommendations will
describe what corrective management measures are needed, the estimated costs to implement these
measures, and cost sharing that is available. If a requirement is being imposed on you to bring the facilities
and practices into compliance, you will be provided with a regulatory notice that includes additional
information. This will include a formal offer of cost share (if required), a deadline for accepting the cost-
share offer, a deadline for completing the required management practices and a process for appealing the
notice.
1.
Note: “Practices” means cropland practices. “Facilities” means livestock facilities. “Existing” practices
or facilities are those in place prior to October 1, 2002. “New” practices are those initiated on or after
October 1, 2002. “New” facilities are those constructed or substantially altered on or after October 1, 2002.

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TEMPLATE: Status Letter Type A
New Practices and Facilities Determined to be Non-Compliant. This designation is assigned to new
practices and facilities that are out of compliance with one or more performance standards or prohibitions.
The specific performance standards and prohibitions that are not being met are identified by land parcel for
each practice and facility. You must bring these practices and facilities into compliance immediately
regardless of available cost share assistance. Chapter NR 151 also requires that any additional new
cropland practice or livestock facilities that you construct or substantially alter in the future must meet
performance standards and prohibitions at the time the change is initiated, regardless of cost-sharing.

Thank you for your continued conservation efforts. You have contributed significantly to improved water
quality within the (name) Watershed. If you have any further questions or concerns, please contact me at:

__________________________________
__________________________________
__________________________________

Sincerely,

Sender’s Name
Sender’s Title

cc: Cc’s should include appropriate DNR and county staff.

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 January 1, 2008
Template: Status Letter Type B

Date

Name
Street Address
City, State, ZIP

Subject: Full Farm Assessment and Compliance with Chapter NR 151, Wis. Admin. Code

Dear ___________:

The (County has)/ (DNR has)/ (County and DNR have) determined that all practices and facilities1. on your
farm are currently in compliance with all agricultural performance standards and prohibitions currently in
effect. The practices and facilities covered by this determination are identified in the attached Compliance
Status Report prepared for your farm. These standards and prohibitions, including their effective dates, are
contained in Subchapter II of Chapter NR 151, Wis. Admin. Code.

Chapter NR 151, Wis. Adm. Code requires that you maintain this level of compliance regardless of future
cost sharing. This will require your continued operation and maintenance of all cropland practices and
livestock facilities in accordance with accepted standards of practice. This compliance assessment and
determination does not cover performance standards and prohibitions that become effective at a future date.

Any new cropland practices or facilities initiated or constructed on your farm in the future must comply
with all effective performance standards at the time you initiate the change on your farm, regardless of cost
sharing.

Thank you for your continued conservation efforts. They have contributed significantly to improved water
quality within the (name) Watershed. If you have any further questions or concerns, please contact me at :

______________________________________________
______________________________________________
______________________________________________

1.
Note: “Practices” means cropland practices. “Facilities” means livestock facilities. “Existing” practices
or facilities are those in place prior to October 1, 2002. “New” practices are those initiated on or after
October 1, 2002. “New” facilities are those constructed or substantially altered on or after October 1, 2002.

Sincerely,

Sender’s Name
Sender’s Title

cc: Cc’s should include appropriate DNR and county staff.

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 January 1, 2008
Template: Notification Letter Type C

Date
Name
Address
City, State, ZIP

Subject: NR 151 Notification Letter, including Cost-Share Offer Certified Mail

Return Receipt Requested
Dear :

Based upon observations made by the (DNR) /(County)/ (DNR and County), one or more cropland
practices or livestock facilities on your farm fails to comply with the agricultural performance standards
and prohibitions contained in Subchapter II of Chapter NR 151, Wis. Admin. Code. Detailed information
about these practices and facilities is included in Table 1.

This notice is issued to you in accordance with s. (NR 151.09(5))/ (NR 151.095(6)), Wis. Adm. Code. It
covers only those practices, facilities, performance standards and prohibitions specifically identified in
Table 1. If necessary, additional notices may be issued to address other practices and facilities on your
farm that do not meet state conservation requirements.

You are required to take corrective actions to in accordance with the compliance schedule identified in
Table 1. To help accomplish this, you should work with your (County) to identify appropriate corrective
management measures. Please schedule an appointment with (Name) of the County LCD office at (phone
number). It is recommended that you meet with (Name) as soon as possible, preferably by (Date), so that
you can correct these problems by the deadline.

The (cropland practices)/ (livestock facilities)/ (cropland practices and livestock facilities) identified in
Table 1 are determined to be “existing” as defined by s. (NR 151.09(4))/ (NR 151.095(5)), Wis. Adm.
Code. Corrective measures are eligible for cost-share assistance. The (DNR)/ (County), through this letter,
is offering you cost-share funds and technical assistance to comply. These funds are available to you on a
reimbursement basis. This offer of cost sharing complies with the cost-share eligibility and cost share
availability requirements of s. (NR 151.09(4))/ (NR 151.095(5))/ (ATCP 50). You must inform the
(DNR)/ (County) no later than (Date) whether or not you accept this cost-share offer. The requirements of
this notice apply regardless of whether or not you accept this offer.

Corrective measured to achieve compliance with performance standards and prohibitions must be
approved by the (County)/ (DNR). Table 2 includes a list of conservation practices eligible for cost
sharing that should address the issues on your farm.

The total cost to comply with the standards and prohibition will be dependent upon the specific best
management practices that are selected to bring your cropland practices and livestock facilities into
compliance. Table 3 (attached) is an estimate of the cost to achieve compliance. The final cost-share
amount will be based on actual installation costs. Where more than one approach is available to cost-
effectively fix the problem, the cost-share offer will be based on the least-cost option.

The figures in Table 3 assume a cost-share rate of 70%. You may qualify for additional cost sharing if you
meet the state’s criteria for economic hardship. These economic hardship criteria are established in s. (NR
154.03(3))/ (ATCP 50.42(4)), Wis., Adm. Code. If you believe you qualify for economic hardship
funding, you should contact (Name) of the (Name) County LCD at the aforementioned phone number
within the next few weeks. You should be aware that efforts to pursue economic hardship status do not
extend the final deadline for compliance established in this letter.

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 January 1, 2008
Template: Notification Letter Type C

If you fail to implement approved corrective measures by the compliance deadlines listed in Table 1,
enforcement action may be taken by the (County pursuant to its ordinance)/ (DNR under state law,
including referral to the Department of Justice for forfeitures for noncompliance pursuant to s. 281.98,
Wis. Stats.)

State of Wisconsin Appeals (See Guidance for Use)

If you believe that you have a right to challenge this decision, you should know that Wisconsin statutes,
administrative rules and case law establish time periods and requirements for reviewing Department
decisions.

To seek judicial review of a Department decision, sections 227.52 and 227.53, Stats., establish criteria for
filing a petition for judicial review. Such a petition must be filed with the appropriate circuit court and
served on the Department. The petition must name the Department of Natural Resources as the
respondent.

To request a contested case hearing pursuant to section 227.42, Stats., and ch. NR 2, Wis. Adm. Code, you
have 30 days after the decision is mailed, or otherwise served by the Department, to serve a petition for
hearing on the Secretary of the Department of Natural Resources. The filing of a request for a contested
case hearing is not a prerequisite for judicial review and does not extend the period for filing a petition for
judicial review.

Local Appeals (See Guidance for Use)

(Insert local appeals language here)

Your cooperation in this matter is greatly appreciated. Feel free to contact (Name) at (phone) if you have
any further questions.

Sincerely,

Name
Title

cc: Cc’s should include appropriate DNR and county staff.

16
 January 1, 2008
Template: Notification Letter Type C
Table 1. Existing Cropland Practices and Livestock Facilities Covered by thisNotice

Location of Practice or Description Status of Practice or Facility Fails to Compliance

Facility Of Cropland Practice Comply with the Following Deadline
(Refer to attached Air Practice or Facility or Livestock Performance Standards and
Photo if necessary) Facility Prohibitions *

*Administrative Rule Reference Description of Standard or Prohibition

s. NR 151.02 Sheet, rill and wind erosion
s. NR 151.05(2) Manure storage facilities: new construction, alterations
s. NR 151.05(3) Manure storage facilities: closure
s. NR 151.05(4) Manure storage facilities: failing & leaking existing facilities
s. NR 151.06 Clean water diversions
s. NR 151.07 Nutrient management
s. NR 151.08(1) Prohibition on overflow of manure storage facilities
s. NR 151.08(2) Prohibition on unconfined manure in the water quality management area
s. NR 151.08(3) Prohibition on direct runoff from a feedlot or stored manure into state waters
s. NR 151.08(4) Prohibition on unlimited livestock access to state waters

17
 January 1, 2008
Template: Notification Letter Type C
Table 2. Best management practices eligible for cost sharing to bring cropland practices and livestock facilities
identified in Table 1 into compliance with performance standards and prohibitions.

18
 January 1, 2008
Template: Notification Letter Type C
Table 3. Estimated costs to comply with performance standards and prohibitions identified in Table 1.

19
 January 1, 2008
Template: Notification Letter Type D
Date

Name
Address
City, State, ZIP

Subject: NR 151 Notification Letter, Cost-Share Offer Not Required Certified Mail
Return Receipt Requested

Dear :

Based upon observations made by (DNR) /(County) (DNR and County), one or more cropland practices
or livestock facilities on your farm fails to comply with the agricultural performance standards and
prohibitions contained in Subchapter II of Chapter NR 151, Wis. Admin. Code. Detailed information
about these practices and facilities is included in Table 1.

This notice is issued in accordance with s. (NR 151.09(6))/ (NR 151.095(7)), Wis. Adm. Code. It covers
only those practices, facilities, performance standards and prohibitions specifically identified in Table 1.
If necessary, additional notices may be issued to address other practices and facilities on your farm that do
not meet state conservation requirements.

You are required to take corrective actions in accordance with the compliance schedule identified in Table
1. To help accomplish this, you should work with your (Name) County LCD or consultant to identify
appropriate corrective management measures. Please schedule an appointment with (Name) of the
(Name) County LCD office at (phone).

The (cropland practices)/ (livestock facilities)/ (cropland practices and livestock facilities) identified in
Table 1 are determined to be “existing” as defined within s. (NR 151.09(4)) (NR 151.095(5)), Wis. Adm.
Code. However, the management measures necessary to achieve compliance with the (performance
standards)/ (prohibitions) are not eligible for cost-sharing under ch. (NR 153 or NR 154)/ (ATCP 50).
Consequently, this notice does not contain an offer of cost share. Although an offer of cost share is not
required, you should still contact (Name) of the (Name) County LCD to see if you what cost-share
opportunities may be available to you. You are required, however, to address these problems regardless of
cost sharing.

Corrective measured that are implemented to achieve compliance with performance standards and
prohibitions must be approved by the (County)/ (DNR). Table 2 includes a list of practices that you may
use to address the issues on your farm.

If you fail to implement approved corrective measures by the compliance deadlines listed in Table 1,
enforcement action may be taken by (County under local ordinance)/ (DNR under state law, including
referral to the Department of Justice for forfeitures for noncompliance pursuant to s. 281.98, Wis. Stats.)

State of Wisconsin Appeals (See Guidance for Use)

If you believe that you have a right to challenge this decision, you should know that Wisconsin
statutes, administrative rules and case law establish time periods and requirements for reviewing
Department decisions.

To seek judicial review of a Department decision, sections 227.52 and 227.53, Stats., establish
criteria for filing a petition for judicial review. Such a petition must be filed with the appropriate

20
 January 1, 2008
Template: Notification Letter Type D
circuit court and served on the Department. The petition must name the Department of Natural
Resources as the respondent.

To request a contested case hearing pursuant to section 227.42, Stats., and ch. NR 2, Wis. Adm.
Code, you have 30 days after the decision is mailed, or otherwise served by the Department, to
serve a petition for hearing on the Secretary of the Department of Natural Resources. The filing
of a request for a contested case hearing is not a prerequisite for judicial review and does not
extend the period for filing a petition for judicial review.

Local Appeals (See Guidance for Use)

(Insert local appeals language here)

Your cooperation in this matter is greatly appreciated. Feel free to contact (Name) at (phone) if you have
any further questions.

Sincerely,

Name
Title

cc: Cc’s should include appropriate DNR and county staff.

21
 January 1, 2008
Template: Notification Letter Type D
Table 1. Existing Cropland Practices and Livestock Facilities Covered by this Letter of Non-Compliance

Location of Practice or Description Status of Practice or Facility Fails Compliance

Facility (Refer to Of Cropland Practice to Comply with the Deadline
attached air photo if Practice or Facility or Livestock Following Performance
necessary) Facility Standards and Prohibitions
*

*Administrative Rule Reference Description of Standard or Prohibition

s. NR 151.02 Sheet, rill and wind erosion
s. NR 151.05(2) Manure storage facilities: new construction, alterations
s. NR 151.05(3) Manure storage facilities: closure
s. NR 151.05(4) Manure storage facilities: failing & leaking existing facilities
s. NR 151.06 Clean water diversions
s. NR 151.07 Nutrient management
s. NR 151.08(1) Prohibition on overflow of manure storage facilities
s. NR 151.08(2) Prohibition on unconfined manure in the water quality management area
s. NR 151.08(3) Prohibition on direct runoff from a feedlot or stored manure into state waters
s. NR 151.08(4) Prohibition on unlimited livestock access to state waters

22
 January 1, 2008
Template: Notification Letter Type D
Table 2. Best management practices that may be used to comply with performance standards and
prohibitions at cropland practices and livestock facilities identified in Table 1.

23
 January 1, 2008
Template Letter Type E

Date

Full Name of Operator

Street Address
City, State, Zip Code

Subject: Letter of Satisfaction

Dear (Operator Name),

The purpose of this letter is to acknowledge that you have implemented the necessary corrective actions to
comply with the following notice:

Notice Type: _____________________________________________________

Issuer and Date Notice Issued: _______________________________________
Location of Operation (T, R, S, ¼ ¼): _________________________________

As a result of installing the required conservation practices, the Department has determined that you have
brought the following cropland practices and livestock facilities into compliance with state standards and
prohibitions.

Identification of Parcel Where

Name of Standard/Prohibition Compliance Was Achieved

In accordance with ch. NR 151, Wis. Adm. Code, any cropland practice or livestock facility that is brought
into compliance with a state performance standard or prohibition must remain in compliance in perpetuity
regardless of future cost sharing. Since you are now deemed in compliance with state standards and
prohibitions as identified above, it is required that you and any future landowners or operators maintain
compliance with the standards and prohibitions at the parcels identified.

Your efforts have contributed to improved water quality within the (Name of Watershed). If you have any
further questions, please contact (Name) at (phone).

Sincerely,

Sender’s Name
Sender’s Title

Cc: Appropriate DNR and County Staff

24