Non-Point Source Pollution Regulation and Education
Vermont Department of Agriculture, Food and Markets
Plant Industry Section
Vermont
Department of Agriculture Non-Point Source 1999 End of Year Report
Vermont Department of Agriculture Best Management
Practices FY 2001 Report
The Vermont Agriculture Nonpoint Source Pollution Reduction Program Law and Regulations which contain the statute, V.S.A. Title 6 Chapter 215, the Accepted Agricultural Practices (AAP) Law and Regulations, the Best Management Practice (BMP) Law and Regulations, and the Large Farm Operation (LFO) Law and Regulations are located at:
• http://www.state.vt.us/agric/AAP.htm
Background:
Non-point source pollution (NPS) occurs when rainfall, snowmelt or irrigation runs over land or through the ground , picks up pollutants, and deposits them into rivers, lakes, and coastal waters or introduces them into ground water.
Non-point source pollution is widespread because it can occur any time activities disturb the land or water. Agriculture, forestry, grazing, septic systems, recreational boating, urban runoff, construction, physical changes to stream channel, and habitat degradation are potential sources of NPS. Careless or uninformed household management also contributes to NPS pollution problems.
The most common NPS pollutants are sediment and nutrients. These wash into water bodies from agricultural land, small and medium-sized animal feeding operations, construction sites, and other areas of disturbance. Other common NPS pollutants include pesticides, pathogens, salts, oil and grease, toxic chemicals, and heavy metals. Many environmental and human health problems result from NPS pollutants.
At the federal level, the Nonpoint Source Management Program was established by the 1987 Clean Water Act Amendments. Other federal programs, as well as state and local programs also tackle NPS pollutants. In Vermont, agriculture has been identified as a major contributor to water pollution. The Vermont Nonpoint Source Assessment Report (VT Department of Environmental Conservation, 1988), found that close to 900 river and stream miles were periodically impacted, and approximately 1,200 other miles are threatened by agricultural NPS runoff. The major agricultural NPS's are from cropland erosion, contributions from agricultural wastes (including manure and milkhouse waste), and commercial fertilizer. Identified agricultural NPS pollutants are nutrients (phosphorus and nitrogen), bacterial and other pathogens, organic matter, toxins, and sediment.
Of the 1900 farms operating in Vermont, 1200 of them are located in the Lake Champlain watershed. In November of 1990, the Lake Champlain Special Designation Act was signed into law, with a goal of bringing together people of diverse interests in the Lake to create a comprehensive pollution prevention, control and restoration plan for protecting the future of Lake Champlain. The Lake Champlain Management Conference was organized to address the issues of NPS, and it was this organization that spearheaded the development of regulations to reduce agricultural NPS. The Lake Champlain Management Conference represents a broad-based diverse group of interests, sharing a common goal of developing a management program to protect and enhance the environmental integrity, and the social and economic benefits of Lake Champlain and its watershed.
The Vermont Department of Environmental Conservation is charged with the regulation and oversight of programs designed to reduce NPS from many sources, but the Vermont Department of Agriculture is designated with the authority to regulate and oversee programs designed to reduce agricultural NPS.
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Vermont's Agricultural Non-Point Source Pollution Reduction Program Accepted Agricultural Practices Fact Sheets
* How to Comply With the Law * |
TABLE OF CONTENTS
Nutrient and Pesticide Application
Nutrient and Pesticide Storage
These fact sheets are intended to clarify some aspects of Vermont's Accepted Agricultural Practices. They are not intended to replace the Accepted Agricultural Practices or provide legal interpretations. See below for numbers to call for assistance in complying with Vermont's Agricultural Nonpoint Source Pollution Reduction Program.
ACCEPTED AGRICULTURAL PRACTICES
Where To Go For Help
Understanding the regulations:
Vermont Natural Resources Conservation Council
Phone: 802-828-3529
Vermont Natural Resources Conservation Districts
Phone: 802-828-4192
Technical Assistance in applying practices:
Vermont Natural Resources
Conservation Districts
Windham, Bennington, Rutland, Windsor,
Counties:
Marie Levesque Caduto 802-257-5621
Orleans, Essex, Caledonia, Orange, Washington Counties:
Ben Gabos 802-229-2720
Addison, Chittenden, Lamoille,
Franklin, & Grand Isle Counties:
Pam Stefanek 388-6746
USDA Natural Resources
Conservation Service
local USDA Service Center
Applying For Best Management Practices Federal Assistance:
Vermont Department of Agriculture, Food and Markets
Phone: 802-828-3474 Jeffery Cook
USDA Farm Services Agency
local USDA Service Center
USDA Natural Resource Conservation Service
local USDA Service Center
General information on agriculture and water quality:
UVM Extension
local office
USDA Natural Resource Conservation Service
local USDA Service Center
Agency Of Natural Resources, Department of Environmental Conservation
Water Quality Division: 241-3770
Accepted Agricultural Practice regulations prohibit the spreading of manure between December 15th and April 1st.
How is that going to affect my farm operation?
If you have manure storage facilities (storage pond, storage structure, or stacking pad) you will probably not be affected. If you do not have storage facilities, this will change your operations.
What can I do with my manure if I can no longer spread it every day?
Manure produced between December 15th and April 1st will have to be stored in such a way that runoff from the stored manure does not discharge to water or cross property boundaries. This does not mean you have to construct a costly storage facility. Field stacking of manure is a permissible method of temporary storage, provided the stack or stacks are situated so that little or no pollution results.
Where can I store my manure if I don't have a storage facility?
In selecting a storage site for manure, decide if you want it closer to the production source (barn) or to the fields where it will be spread eventually. Plan on several small areas, if possible, to make it easier to reload the manure in the spring and reduce the potential for runoff to cause pollution. The storage areas should be nearly level and away from places where runoff concentrates, such as swales and ditches. The regulations require that storage areas be 100 feet from shallow wells and springs, out of floodways and areas that flood every year.
What can I do if I don't have a good site to store manure?
The Vermont Department of Agriculture, Food & Markets can provide technical assistance to help you select storage areas or modify areas so pollution from runoff will be minimized.
The Accepted Agricultural Practice Rule prohibits discharges of waste into the waters of the State or across property boundaries. This applies to direct discharges through pipes or ditches and indirect runoff, such as concentrated overland flow.
What is considered direct discharge of waste?
Discharge of waste through a discrete conveyance, such as, but not limited to, a pipe, ditch, or other conduit. An example would be milkhouse wash water carried directly to a stream by a pipe. Direct discharges require a permit from the Secretary of the Agency of Natural Resources.
What is considered concentrated overland flow?
Manure runoff, silage juice runoff, and untreated milkhouse waste, flowing across the land and into the waters of the State or across property boundaries. It also includes other surface runoff with sufficient velocity and flow to either detach or carry soil, manure or other nutrients.
What can be done to avoid direct discharge and concentrated overland flow?
Develop an agricultural waste management plan with help from the U. S. D. A. Natural Resource Conservation Service that is specific for your farm. This plan will address the storage and/or treatment of milkhouse waste, barnyard improvement, manure storage and/or treatment including spreading recommendations.
Divert clean runoff water away from barnyards, manure stacks, and other areas where waste is stored or applied and treat runoff with grass filter strips or other methods to remove or reduce waste before it enters the waters of the State or crosses property boundaries.
Stack manure where runoff from the stack will not get into adjoining waters of the State or cross property boundaries. Construct diversions up slope from stacking area to keep clean water from crossing stacking area.
Run milkhouse waste across filter strips or into holding ponds or tanks to be spread on fields later.
The Accepted Agricultural Practice Rule requires farmers to maintain a buffer zone of perennial vegetation between row crop land and the top of bank of adjoining waters.
What is the purpose of the buffer strip?
To filter out sediments, nutrients and agricultural chemicals and to protect the waters from erosion of streambanks due to excessive tillage.
What waters have to be protected by buffer strips?
Streams, lakes and ponds that have water in them year round and that receive runoff from row crop land.
Does this mean drainage ditches and streams that do not flow all year do not have to be protected by buffer strips?
Yes, but to prevent streambank erosion, it is a good practice not to till the land right up to these intermittent waters.
How wide does the buffer strip have to be?
At least 25 feet where ordinary rainfall events enter adjoining waters by sheetflow runoff and at least 50 feet where ordinary rainfall events enter adjoining waters by channelized runoff. If runoff does not enter adjoining water because the top of the bank is higher than the adjacent row crop land, then the buffer strip is not required. (See diagram on reverse side)
Who decides what vegetation to plant?
The landowner. It can be any perennial vegetation, including grass, legumes, trees or shrubs. The goal is to have adequate vegetation to use the nutrients coming from cropland and to control erosion.
Can the buffer strip be harvested and managed for economic return?
Yes. It can be used for hay. Rotational grazing would be acceptable, if properly managed.
Can the buffer strip be tilled?
Yes. But only to establish and maintain the perennial vegetation.
This diagram is to illustrate the areas where a 25 foot buffer or a 50 foot buffer may be required. It does not apply to all possible situations. On site determinations are recommended.
NUTRIENT AND PESTICIDE APPLICATION
Accepted Agricultural Practice regulations control the how, when, and where of manure, fertilizer, and pesticide application.
What sources of nutrients should be considered when deciding recommendations for crops?
All sources of nutrients should be considered, including manure and fertilizer to be applied plus the carry-over from previous applications. Base nutrient applications on one or more of the following considerations: leaf analysis, soil testing, manure testing, current recommendations from generally recognized sources such as universities, crop consultants, agricultural professionals, or a management plan for the farm approved by the commissioner of agriculture.
What other rules apply to manure application?
Manure spread on row crop land that is subject to the annual overflow from adjacent waters of the State shall be incorporated within 48 hours unless it is no-till land or land planted to cover-crop. Manure shall not be spread between December 15 and April 1 unless the commissioner grants an exemption because of an emergency. See the manure fact sheet for more information.
What rules apply to pesticide application?
Pesticides shall be used according to Title 6 V.S.A., Chapter 87, Control of Pesticides, and all regulations promulgated thereunder. Check with the local office of the UVM Extension System when in doubt about a pesticide application.
What rules apply to application of nutrients and pesticides by irrigation?
There must be an adequate anti-siphon device between the water source and irrigation systems used to apply fertilizer and other chemicals.
NUTRIENT AND PESTICIDE STORAGE
Accepted Agricultural Practice regulations control the storage of manure, fertilizer, and pesticide.
Where is it safe to store manure, fertilizer and pesticide?
It is safe to store these products on land that is nearly level and dry. Avoid floodways (the channels of watercourses and adjacent land areas that carry and discharge a 100-year flood within a regulated flood hazard area). Floodways are depicted on the National Flood Insurance Maps on file with the Town Clerk. Also avoid field stacking or storage of these materials within 100 feet of a neighbor's shallow well or spring or on land subject to annual flooding. If these are the only places available, contact the VT Commissioner of Agriculture.
Can manure, fertilizer, or pesticides be stored on the 100-year flood plain?
Yes, if it is adequately protected from inundation and floodwater damage. All manure, fertilizer, and pesticide storage constructed in a flood plain must conform to the National Flood Insurance Program Standards, which are on file with the Town Clerk.
What can I do if I don't have a good site to store manure, fertilizer, and pesticide?
The Vermont Department of Agriculture, Food & Markets can provide technical assistance to help you select storage areas or modify areas so pollution from runoff will be reduced.
What do the rules say about other related waste storage?
All agricultural wastes including, but not limited to, chemicals, petroleum products, containers, and carcasses shall be properly stored, handled and disposed of, to eliminate adverse water quality impacts. Check with the local office of the UVM Extension System.
The Accepted Agricultural Practice Rule requires farmers to notify the zoning administrator or the town clerk, in writing, prior to building a farm structure.
What is considered a farm structure?
A structure used for agricultural production, either in connection with the sale of $1000 or more of agricultural products in a normal year; or the raising, feeding, or management of at least the following number of adult animals: 4 equine; 5 cattle or American bison; 15 swine; 15 goats; 15 sheep; 15 fallow deer; 15 red deer; 50 turkeys; 50 geese; 100 laying hens; 250 broilers, pheasant, Chukar partridge, or Coturnix quail; 3 camelids; 4 ratite (ostriches, rheas, and emus); 30 rabbits; 100 ducks; or 1,000 pounds of cultured trout; or is used by a farmer filing a 1040 (F) income tax statement at least one of the last two years; or is on a farm with a business and farm management plan approved by the commissioner of agriculture.
What are some examples of farm structures?
A silo, a building for housing livestock, raising horticultural or agronomic plants, or for carrying out other accepted agricultural practices. Included are barnyards and waste management systems created from an assembly of materials. Dwellings for human habitation are not included.
What information must be in the written notice?
A sketch of the proposed structure showing the setbacks from adjoining property lines and road rights of way.
Do farmers have to follow local setback requirements?
Yes, unless, upon written petition of the farmer, the commissioner of agriculture approves reasonable setbacks for the structure being constructed or maintained.
What other restrictions apply to farm structures?
New structures that are not additions to existing farm structures must be constructed at least fifty feet from the top of bank of adjoining waters.
The following questions will help you determine if your farm activities comply with Vermont's Accepted Agricultural Practices. A 'yes' answer indicates that activity is in compliance. A 'no' answer means the activity may not be in compliance, or you are not sure. Please contact a representative of the Vermont Department of Agriculture, Food & Markets for assistance.
Yes__ No__ Are you managing manure, milkhouse waste, barnyard runoff, pesticides, fertilizers, and any waste products to keep them from running into a ditch, creek, river, lake, pond, spring, shallow well or across property boundaries?
Yes__ No__ Are you storing or stacking manure between December 15th and April 1st and not spreading it?
Yes__ No__ Are your manure, fertilizer, and pesticide storage areas or structures located where they will not flood?
Yes__ No__ Are your manure stacks more than 100 feet away from a neighbors shallow well or spring?
Yes__ No__ If you are spreading manure on row cropland that floods, are you plowing or discing it in within two days?
Yes__ No__ Are you using pesticides according to the recommendations on the label?
Yes__ No__ Do you have an anti-siphon device between your water source and a system where you mix chemicals or fertilizers?
Yes__ No__ Do you manage your cropland to keep soil erosion losses below six tons per year?
Yes__ No__ Do you properly store, handle, and dispose of chemicals, petroleum products, containers, and dead animals so they do not get into the waters draining the farm?
Yes__ No__ Do you maintain buffer strips of hay, brush, or woods between row crop fields and the top of bank of streams, ponds, or lakes where there is the possibility of runoff from the field getting into the water?
Yes__ No__ Have you notified the Town officials of any proposed construction and followed established Town setback requirements?
Yes__ No__ Have you maintained a distance of fifty feet between any new stand - alone structure and the top of bank of adjoining water?
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