01-001 C.M.R. ch. 10 – Rules for the Agricultural Compliance Program

These rules establish procedures for conducting the Agricultural Compliance Program. This program handles complaints concerning farms and farm operations under 17 M.R.S.A. §§ 2701-B and 2805, and investigates threats to human and animal health and safety and to the environment under 7 M.R.S.A. §17 and 7 M.R.S.A. Chapter 747. The procedures outlined in various sections of these Rules are interrelated. Each element within these sections, if pertinent to the issue under consideration, must be evaluated for inclusion in any complaint resolution process. Likewise, all contributing factors to a complaint concerning a farm or farm operation must be investigated and evaluated in order that the issue may be fully resolved. Therefore, these rules outline a holistic and consistent approach to addressing these issues on Maine farms under the authority of these laws.

2. Definitions

1. Agricultural Compliance Officer – An employee of the Department including either an agricultural compliance supervisor or an agricultural compliance officer, responsible for responding to complaints concerning a farm or a farm operation.
1. 2. Agriculture Related Problem – Any condition resulting from the failure to use appropriate best management practices on a farm or in a farm operation which causes an adverse impact to human or animal health; or to the quality of the environment, including water, air, soil, and the visual landscape; or to noise levels; or causes an unreasonable nuisance.
  1. 3. Aggrieved Party - Any complainant or responsible party who has received a decision from the Commissioner on a complaint involving a farm or a farm operation that is adverse, in whole or in part, to that party's interest in that matter.
    1. 4. Best Management Practices (BMPs) – Best management practices (BMPs) are those practices that are determined by the Commissioner to be a preferred method or practice based upon best reasonably available and economically feasible methods and technologies that are technically and environmentally sound. BMPs are those practices best suited to preventing, reducing, or correcting agriculture-related problems.
    2. 5. Best Professional Judgment - Any determination of an agricultural compliance officer that is based on the officer's investigation, his or her professional training and experience, and on the best information reasonably available to the officer at the time of the investigation.
    3. 6. Commercial Production - Production by a farm or farm operation of one or more farm products or services that are sold, bartered or otherwise exchanged for compensation and generates a cash or in-kind equivalent annual income of at least $2,000.
    4. 7. Commissioner – The Commissioner of the Maine Department of Agriculture, Conservation and Forestry.
    5. 8. Complainant – A person who, either verbally or in writing, communicates a complaint to the Department concerning a farm, or a farm operation.
    6. 9. Complaint concerning a farm or farm operation - A verbal or written communication to the Department where the complainant is identified and there is an allegation of the existence of an agriculture-related problem.
    7. 10. Department – The Maine Department of Agriculture, Conservation and Forestry.
    8. 11. Emergency Agriculture Related Problem - An agriculture related problem that, in the determination of the agricultural compliance officer, poses an immediate threat to human or animal health or safety, or to the environment. An agriculture related problem shall be considered an immediate threat if it is not likely to be resolved quickly enough under the complaint investigation process or the problem solving process of these rules, as set forth in sections 3 and 5, so as to avoid detrimental impact to health, safety or the environment.
    9. 12. Farm - The land, buildings and machinery used in the commercial production of farm products.
    10. 13. Farm Operation - A set of conditions or activities that occur on a farm in connection with the commercial production of farm products including, but not limited to, operations giving rise to noise, odors, dust, insects, fumes, operation of machinery and irrigation pumps, ground and aerial seeding, ground spraying, aerial spraying, composting of material produced by the farm or to be used at least in part on the farm, disposal of manure, the application of chemical fertilizers, soil amendments, conditioners or pesticides and the employment and use of labor.
    11. 14. Farm products – Animals, as well as food, feed, fiber, forage and oilseed crops that are useful to humans, including but not limited to, forages and sod crops, grains and food crops, dairy products, poultry and poultry products, bees, livestock and livestock products, manure or compost, and fruits, berries, vegetables, flowers, seeds, grasses, fuel crops and other similar products.
    12. 15. Person – Any individual, partnership, association, firm, company, corporation, department, agency, group, including a city, town, county, state, federal or other government unit, or any entity responsible for an activity subject to these rules.
    13. 16. Qualified Designee – Any person or entity who has appropriate training and experience to investigate agriculture related problems and who has been designated by the Commissioner or by the agricultural compliance officer responsible for the investigation to participate in the investigation.
    14. 17. Responsible Party – Any person who, alone or in conjunction with others, is responsible for the farm or farm operation that is the subject of a complaint.

3. COMPLAINT INVESTIGATION

1. Department Response to Complaints

Upon receipt of a complaint concerning a farm or farm operation an agricultural compliance officer shall be responsible for responding to the complaint, conducting an investigation into the complaint, opening and maintaining a case file throughout the complaint resolution process, making findings and recommendations concerning the complaint, and preparing an investigation report. The case file shall remain open until the matter has been resolved to the satisfaction of the Commissioner or has been referred for enforcement. A communication received by the Department concerning a farm or a farm operation will not be considered a complaint unless the complainant is identified by name and home address.

2. Contact with Person Responsible for the Farm Operation

As soon as practicable following the receipt by the Department of a complaint concerning a farm or farm operation, the Department shall make a good faith attempt to contact the responsible party, by telephone or in person, in order to provide notification of the complaint. In the event the department is unable to contact the responsible party by telephone or in person, the department shall provide written notification to the responsible party by certified mail to the last known address.

3. Notification Requirements

Notification to the responsible party shall include at a minimum, the name of the complainant, the date the complaint was received, and the nature of the complaint. The Department shall, to the extent possible, provide information sufficient to allow the responsible party to identify and address any agriculture related problem or problems that are the subject of the complaint.

4. Investigation

The Department shall conduct an investigation into all complaints involving a farm or farm operation.

A. Scope of Investigation

(1) The initial investigation shall include an on-site inspection of the farm operation or operations pertinent to the complaint and a review of any relevant documents or records.
1. (2) The agricultural compliance officer may conduct interviews with the responsible party, the complainant, neighboring landowners, or any other person who may have information pertaining to the investigation.
  1. (3) The agricultural compliance officer may conduct any additional investigation that he/she believes to be warranted including, but not limited to, additional site inspections.
    1. (4) The agricultural compliance officer shall make reasonable efforts to confer and work with the responsible party in order to obtain relevant information and to develop best management practices (BMPs) that, in the agricultural compliance officer’s best professional judgment, are effective and efficient. In determining BMPs, the agricultural compliance officer shall take into consideration input from the responsible party to the greatest extent practicable.
    2. (5) If during the investigation of a complaint, the agricultural compliance officer observes or otherwise becomes aware of any other agriculture related problem, the agricultural compliance officer shall have the authority to conduct an investigation into that agriculture related problem.

B. Duration of Investigation

The investigation shall continue until the agricultural compliance officer makes a determination whether an agriculture related problem exists, makes findings, makes recommendations if warranted, sends a letter to the responsible party pursuant to section 3.7(A)(2) and completes an Investigation Record pursuant to section 3.8. The agricultural compliance officer may reopen an investigation at any time if additional information concerning the case becomes available.

C. Site Inspection

The agricultural compliance officer, or a qualified designee, shall inspect any aspect of the farm or farm operation that in his/her best professional judgment relates to the complaint or to any other agriculture related problem the agricultural compliance officer is aware of.

D. Involvement of Technical Experts

The agricultural compliance officer may consult with and seek assistance from experts on any issue relevant to the complaint concerning the farm or farm operation, or any other agriculture related problem discovered during the investigation.

E. Follow-Up Visits

The agricultural compliance officer may make follow-up visits to the farm or farm operation to determine if best management practices have been implemented, and to determine if any further action related to the agriculture related problem(s) previously investigated will be required.

5. Determination, Findings and Recommendations

Prior to concluding the investigation the agricultural compliance officer shall make a determination, findings and recommendations.

A. Determination

As part of an investigation the agricultural compliance officer shall make a determination as to whether an agriculture related problem exists on the farm.

B. Written Findings

Prior to concluding the investigation the agricultural compliance officer shall make written findings. The written findings shall include a description of the investigation, a description of the farm operations that relate to the complaint, a description of any other condition or activity on the farm that, in the best professional judgment of the agricultural compliance officer, is relevant to the investigation and the complaint, and whether an agriculture related problem exists on the farm or farm operation. Additional findings may include, but are not limited to:
1. (1) Whether the farm or farm operation is using and maintaining appropriate BMPs;
  1. (2) Whether the farm or farm operation is causing, or may cause, an undue environmental impact;
    1. (3) Whether the farm or farm operation is causing any undue adverse impact on neighboring residents and landowners.

C. Recommendations

If the agricultural compliance officer determines that an agriculture related problem exists, then the agricultural compliance officer shall make recommendations prescribing BMPs developed pursuant to section 3.6 of these rules, including a plan for implementing those BMPs. The recommendations shall be for the purpose of remedying any agriculture related problems determined to exist on the farm or that are part of the farm operations.
1. (1) The recommendations shall be based on the best professional judgment of the agricultural compliance officer, the findings of the investigation, and all reasonably available relevant information. The recommendations are not required to meet the satisfaction of the complainant or the responsible party;
  1. (2) The recommendations shall state with reasonable specificity:

The BMPs, developed pursuant to section 3.6 of these rules, to be implemented;
The steps that the responsible party must take to implement BMPs;
Any requirements or restrictions as to how the steps for the implementation of BMPs must be taken;
The date by which those steps must be completed; and
Any follow up investigation that may be needed.

D. Referral

If in the judgment of the Commissioner the matter complained of, or any other matter discovered during the investigation, warrants referral to any other state agency or enforcement authority, or to any local or municipal body or enforcement authority, the Commissioner may refer the matter and provide all relevant information and materials within the custody and control of the Department as permitted by applicable laws.

6. Development of Recommended BMPs

Upon a determination that an agriculture related problem exists, the agricultural compliance officer, or a qualified designee, shall develop BMPs designed to address the agriculture related problem. The agricultural compliance officer shall be responsible for reviewing and approving any BMPs developed by a qualified designee.

A. BMPs Developed by Responsible Party

BMPs may be developed by the responsible party or a person designated by the responsible party. The responsible party shall provide the Department with any BMPs so developed. The agricultural compliance officer shall review such BMPs and determine whether they adequately address the agriculture related problem(s).

B. Site Specific BMPs

Recommended BMPs shall be chosen on a site-specific, case-by-case, basis. When developing BMP recommendations, the agricultural compliance officer, or the qualified designee, shall consider the farm, the farm operations and surrounding properties affected by the farm operations. In doing so, the agricultural compliance officer, or a qualified designee, shall include in his/her consideration relevant factors including but not limited to:
1. (1) The physical lay of the land;
  1. (2) The natural resources present;
    1. (3) The specific environmental conditions present on the farm and the surrounding or underlying areas such as wetlands, unique wildlife habitat areas, and sand and gravel aquifers;
    2. (4) The type of crops or animals raised on the farm;
    3. (5) The proximity of the farm operations to neighbors;
    4. (6) Availability of other resources off the farm that may assist in reducing or alleviating any agriculture related problem;
    5. (7) Reasonably available technologies and practices; and
    6. (8) Other existing or potential problems on the site or that are part of the farm operation.

C. Exercise of Professional Judgment

The agricultural compliance officer, or the qualified designee, shall rely on his/her best professional judgment, when developing recommendations on which BMPs to adopt, to determine which factors apply and to what extent they must be considered for the site and the situation.

D. Source of BMPs

The agricultural compliance officer’s, or qualified designee’s recommendation regarding which BMPs to implement shall be based on the best available information concerning the farm operation, site conditions and off-site conditions, general BMPs as adopted by the Department^[1] and any data, research, studies, or other information pertaining to relevant agricultural BMPs.

7. Communication of Investigation Results

A. Communications with Person Responsible for the Farm Operation

(1) Verbal

After the agricultural compliance officer makes a determination as to whether an agriculture related problem exists, he/she shall contact the responsible party and verbally notify the responsible party of the determination and the findings of the investigation. In the event that the agricultural compliance officer determines that an agriculture related problem exists, he/she shall also convey the recommendations of the Department for resolving any agriculture related problem. The agricultural compliance officer may provide the notification either in person or by telephone, but in either case shall provide the responsible party an opportunity to respond and discuss the findings of the investigation and any recommendations of the Department.
1. a) If, after making reasonable efforts to comply with the provisions of this paragraph, the agricultural compliance officer is unable to verbally communicate with the responsible party, then the agricultural compliance officer may satisfy the requirements of this paragraph by sending a written communication, as described in paragraph 7(A)(2) below, by certified mail to the last known address of the responsible party.

(2) Written

In addition to the verbal notification required by paragraph 7(A)(1) above, after the agricultural compliance officer makes a determination as to whether an agriculture related problem exists, he/she shall send a letter to the responsible party setting out the determination, a brief description of the findings sufficient to explain the basis for any recommendations, and any recommendations.

B. Communications with Complainant

After the agricultural compliance officer makes a determination as to whether an agriculture related problem exists, he/she shall contact the complainant and verbally notify the complainant:
1. (1) That an investigation was completed by the Department;
  1. (2) Of the determination as to whether an agriculture related problem exists; and
    1. (3) If there is an agriculture related problem, that recommendations were made to resolve that problem.

8. Investigation Record

After completion of the investigation the agricultural compliance officer shall complete a written Investigation Record. The Investigation Record shall include:
1. A. Background Information
  1. (1) At a minimum, the following information shall be included in the background information:
    1. a) the name of the complainant;
    2. b) the complainant’s address (if known);
    3. c) the complainant’s phone number (if known);
    4. d) the location of the complaint;
    5. e) the date the complaint was received;
    6. f) the nature of the complaint;
    7. g) the date(s)of investigation;
    8. h) the name of responsible party;
    9. i) the phone number of responsible party; and
    10. j) the address of responsible party.
    11. B. The Written Findings; and

C. The Recommendation(s).

4. iNVESTIGATION OF a potential threat to water quality from ANIMAL WASTE

In the event the agricultural compliance officer observes a potential threat to water quality posed by the handling, storage or utilization of animal waste, the agricultural compliance officer may initiate an investigation under 7 M.R.S.A.§17 with or without having received a complaint. Should the agricultural compliance officer determine that a threat to water quality exists due to the failure to implement appropriate best management practices, the agricultural compliance officer may implement any relevant actions or procedures provided in these Rules.

5. EMERGENCY RESPONSE

Notwithstanding these rules, if the agricultural compliance officer determines that an emergency agriculture related problem exists he/she may, in his/her discretion, immediately determine the changes needed in the farm or farm operation to comply with best management practices, prescribe site specific best management practices for that farm or farm operation to remedy the problem and establish a timetable for the implementation of those best management practices by the farm or farm operation. If the person responsible for the farm or farm operation fails to implement the best management practices as prescribed by the agricultural compliance officer, the department may initiate a referral for an enforcement action as provided by 17 M.R.S.A. §§ 2701-b and 2805, as applicable.

6. NUTRIENT MANAGEMENT REVIEW BOARD

1. Appeals

The Nutrient Management Review Board shall hear appeals of decisions made by the Commissioner pursuant to the Right to Farm Law (17 M.R.S.A. §2805) or the Manure Handling Law (17 M.R.S.A. §2701-B) and may conduct information-gathering meetings for the purpose of facilitating a complaint resolution process under the Right to Farm Law as provided by section 6.3 below.

2. Membership

When the subject matter of an appeal or complaint resolution process under this section is other than manure or nutrient management, the commissioner may, as provided by 7 M.R.S.A. §4203(2-A), appoint up to 3 temporary board members for the purposes of the appeal or information-gathering meetings held for the purpose of facilitating the complaint resolution process under the Right to Farm Law. At least one temporary member must have expertise in the subject matter of the complaint and one temporary member must represent the agricultural sector involved. The terms for temporary members expire when the Nutrient Management Review Board determines that it has taken final action on the appeal or complaint resolution process.

3. Information Gathering Meetings

The Board may hold information gathering meetings in order to facilitate a resolution of a complaint when the responsible party and the Commissioner agree to request facilitation assistance from the Board. The Board shall advise the responsible party in writing that agreement to request Board facilitation shall constitute a waiver by the responsible party to an appeal to the board.
1. A. Timing of request
  1. Board facilitation may occur only after the Department has completed its complaint investigation.
2. B. Goals of Board Facilitation
  1. Board facilitation shall be for the purpose of assisting the parties with working through an impasse, or resolving a few distinct issues that are otherwise preventing the parties from implementing the recommendations of the Department.
3. C. Duties of the Board During Information Gathering Meetings
  1. During an information gathering meeting held for the purpose of facilitating the resolution of a complaint the Board shall review the facts of the case, the findings of the Department, and the positions or arguments of both parties and shall attempt to facilitate a resolution of the matter or of distinct issues concerning the matter. The board may make recommendations for further investigation, study, involvement of experts or other actions that it determines may help to resolve the matter or any underlying issues. The board may also advise either party, in confidence and apart from the other party, of its assessment of that party's position. The Board shall not render an opinion or ruling in the matter.
    1. D. Disqualification of the Nutrient Management Review Board from Hearing Appeal
      The participation by the Board in an information gathering process held for the purpose of facilitation of the resolution of a complaint shall disqualify the Board from hearing an appeal in the same matter.

4. Appeal Hearings

A. A decision of the Commissioner on a complaint concerning a farm or farm operation may be appealed by an aggrieved party to the Nutrient Management Review Board by filing a notice of appeal with the Board.
1. (1) Notice of appeal requirements.
  1. The notice of appeal must be in writing and must be received by the Board no later than thirty (30) days after receipt from the Commissioner of notice of the decision being appealed. The notice of appeal must contain:
    1. a) Reference to the decision that is being appealed; and
    2. b) A statement detailing the findings and/or recommendations the aggrieved party believes are in error and the reasons why.
    3. (2) Hearing of Appeal by the Board
      After receipt of a valid notice of appeal, as outlined in paragraph 4(A)(1) above, the Board shall hold a public hearing to consider any information presented by an aggrieved party related to a decision by the Commissioner that is the subject of the appeal.
    4. (3) Decision of the Board
      The Nutrient Management Review Board shall make a determination on the appeal and issue a written decision as expeditiously as possible. In making its decision, the Board may request such additional information as it deems necessary for the determination of the issue(s), and may affirm, amend or reverse a decision made by the commissioner. The Board’s decision shall be a final agency action.

STATUTORY AUTHORITY: 7 M.R.S.A. §12; 17 M.R.S.A. §2701-B; 17 M.R.S.A. §2805

EFFECTIVE DATE:

December 6, 1982 – as “Definition of Generally Accepted Agricultural Practices”

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 4, 1996

CONVERTED TO MS WORD:

August 8, 2005

REPEALED AND REPLACED:

May 27, 2007 – as “Rules for the Agricultural Compliance Program,” filing 2007-223

CORRECTIONS:

February, 2014 – agency names, formatting

CONVERTED DOCUMENT TO AN UPDATED VERSION OF WORD:

April 17, 2026

APAO ACCESSIBILITY CHECK (Word):

April 17, 2026

A list of General BMPs currently adopted by the Department, along with a description of the BMP and relevant sources is contained within the Manual of Best Management Practices for Maine Agriculture. ↑