Implementing Agricultural
Performance Standards and Prohibitions

County Questionnaire Results
July 2003

Component 8: Enforcement

Twelve counties (19%) said they would prepare and issue a Notice of NR 151 Violation or similar local ordinance violation notice, 16 (26%) said "No", 13 (21%) said they would only assist the state as needed and 20 (32%) were unsure. When asked if the notice issuance would be done under the provisions of NR 151 or a local ordinance, most respondents said they would work under a local ordinance while a few would prefer NR 151 either alone or jointly with DNR.

Most of those who said "No" or "Unsure" commented that this was DNR's responsibility or that they did not want to assume an enforcement role.

Ten counties (16%) said they will schedule an enforcement conference, 8 (13%) said "No", 21 (34%) said they would only assist the state as needed and 22 (35%) were unsure. The majority of those who answered "No" or "Unsure" were willing to participate in some way, such as advising or providing logistics. Again, there was a lot of uncertainty as to what this component involved and how much staff time it would take.

Thirty-five counties (56%) said they would participate in an enforcement conference, 2 (3%) said "No" and 24 (39%) were unsure. Reasons provided by those who said "No" or "Unsure" included several qualifications about the amount of participation they would be willing to provide (e.g. technical or cost-share information). Some said they would participate only if requested by the landowner while a few others said they needed opinions from their corporation counsels on this question.

Eighteen counties (29%) said they would initiate enforcement action through 4 options including: 1) refer cases to DNR for enforcement, 2) enforce through separate county ordinance, which incorporates standards, 3) enforce through financial sanctions available through state program, and 4) enforcement through the local district attorney. Seven counties (11%) said "No" to this question, 14 (23%) would only assist the state as needed and 22 (35%) were unsure. The most frequently cited option was referring cases to DNR for enforcement followed by enforcement through separate county ordinances that incorporate performance standards. Two counties stated that they would enforce through financial sanctions through a state program and another two said they would conduct all 4 options. The most frequently-cited reason for responding "No" or "Unsure" was that the counties either needed more information on this process or this issue or larger issues of implementation and enforcement have not yet been decided at the county level.

The following links provide more detailed information on each component

• Component 1: Plan the Implementation Approach
• Component 2: Define Level of Agencies' Commitment to NR 151 Workload
• Component 3: Conduct Information and Education (I&E) Activities
• Component 4: Determine Current Compliance
• Component 5: Prepare Report and Notify landowners of Compliance Status
• Component 6: Secure Funding and Technical Assistance/Issue NR 151 Notice
• Component 7: Administer Funding and Technical Assistance / Re-evaluate Parcel
• Component 8: Enforcement
• Component 9: Ongoing Compliance Monitoring
• Component 10: Annual Reporting
• Additional Questionnaire Information
• County Survey Home