2021 Farming with your Nutrient Management Plan

to Maryland’s Nutrient

Management Regulations

and Requirements

MARYLAND DEPARTMENT OF AGRICULTURE NUTRIENT MANAGEMENT PROGRAM FALL 2021

Farming with Your Nutrient Management Plan

Implementing Your

Nutrient Management Plan

Nutrient Application

Requirements

Setbacks for Nutrient

Applications

Requirements for Temporary

Manure Stockpiling

Phosphorus Management

Tool Requirements

What’s Inside:

A COMPREHENSIVE GUIDE

INTRODUCTION

Maryland law requires all farmers grossing $2,500 a year or more or livestock

producers with 8,000 pounds or more of live animal weight to follow nutrient man-

agement plans when fertilizing crops and managing animal manure. These science-

based plans specify how much fertilizer, manure or other nutrient sources may be

safely applied to crops to achieve yields and prevent excess nutrients from impact-

ing waterways. Nutrient management plans are required for all agricultural land

used to produce plants, food, feed, ﬁber, animals, or other agricultural products.

The Nutrient Management Program ensures that plans are developed, updated, and

implemented according to state regulations.

To protect the health of local farm streams, farmers must have stream setbacks

and livestock exclusion measures in place. Farmers who till their soil are required to

incorporate manure and other organic nutrient sources into ﬁelds within 48 hours of

application and follow speciﬁc timing requirements for fall nutrient applications. To

further protect waterways, all farm operations—regardless of size—are banned from

spreading manure on ﬁelds in winter. In addition, ﬁelds with high soil phosphorus

levels must be managed using Maryland’s Phosphorus Management Tool (PMT).

This guide is designed to help farmers follow their nutrient management plans and

comply with all nutrient application and reporting requirements. For additional guid-

ance and clariﬁcation, contact your nutrient management consultant or regional

nutrient management ofﬁce listed on the back of this guide.

if you have questions about your plan. The most im-

portant thing that you can do is to read and follow your

plan—don’t allow it to simply collect dust on a shelf. For

some farm employees, training may be needed in equip-

ment calibration and record keeping.

ADDITIONAL REQUIREMENTS:

Nutrient Applicator Voucher Training

If you apply nutrients to 10 or more acres of cropland,

you are required to attend a two-hour nutrient applica-

tor training course once every three years. Free voucher

training and recertiﬁcation courses are offered in fall

and winter by the department and Extension at loca-

tions across the state. If you are certiﬁed to write your

own nutrient management plan, you are not required to

attend voucher training. However, certiﬁed farmers must

earn six continuing education credits every three years.

Annual Implementation Reporting

Regulated farmers are required to submit Annual Imple-

mentation Reports to the Maryland Department of Agri-

culture by March 1 summarizing nutrient applications for

the previous year. The department mails reporting forms

to farmers in January and posts them on its website at

mda.maryland.gov. In addition, online reporting is avail-

able through the Maryland OneStop portal.

Implementing Your Nutrient Management Plan

PAGE 3

Nutrient management plans detail the optimum use of

nutrients to minimize losses to the environment while

maintaining crop yields. Soil and manure tests are used

to develop application rates that meet projected crop

yields based on soil productivity or historic yields of

a site. Plans are prepared by University of Maryland

Extension advisors, private consultants who are certiﬁed

by the Maryland Department of Agriculture, or farmers

who are certiﬁed to develop plans solely for their own

operations.

Implementing your nutrient management plan requires

you to follow guidelines for the amount, timing, and

placement of nutrients for each crop. Plans must be

revised and updated before they expire. Most plans are

written for one or three years. The expiration date can

be found on the plan. Major changes to your operation

may require your plan to be modiﬁed or updated sooner.

In addition, you must have a soil test completed at least

once every three years. If you use manure, it must be

analyzed for nutrient content at least every other year.

The success of your nutrient management plan in

protecting water quality often hinges on whether you

have read the plan and communicated its content to

other family members, hired employees, or your fertilizer

company. Contact your nutrient management consultant

Nutrient application requirements vary depending on the

crop, season, nutrient source, and weather conditions.

Here in Maryland, farmers are required to follow Univer-

sity of Maryland nutrient recommendations and use best

management practices that minimize nutrient losses to

nearby waterways as outlined in Maryland’s Nutrient

Management Manual. The following requirements

apply:

• Chemical fertilizer may be applied from March 1

through December 15 for an existing crop or a

fall planted crop following University of Maryland

recommendations.

• Organic nutrients may be applied from March 1

through December 15 for an existing crop, a fall

planted crop, or a crop that is planted the next spring

following University of Maryland recommendations.

• Poultry litter may be applied in spring and fall for

an existing crop or crops planted for the upcoming

season, as long as it is applied following University of

Maryland recommendations.

• Applying nitrogen in the fall is prohibited on small

grains if a fall nitrate test indicates levels greater than

10 parts per million for wheat or 15 parts per million

for barley.

• Cover crops must be planted when organic nutrient

sources are applied to fallow ground in the fall.

• Winter application (December 16 through February

28) of chemical fertilizer is prohibited. Exceptions

exist for green up of perennial forage crops and small

grains as well as greenhouse, cool season grass sod

production, and vegetable and fruit production, as

long as applications are performed following Univer-

sity of Maryland recommendations.

• Use of potash and liming materials is not restricted in

winter.

• Manure deposited directly by livestock is not restrict-

ed at any time of year.

• Manure, biosolids and other organic nutrient sources

must be injected or incorporated into the soil within 48

hours of application. The following conditions may

exempt you from this requirement:

1. You are using no-till farming practices.

2. Livestock manure is deposited directly by animals.

3. The land is in permanent pasture.

4. The land is being used for hay production.

Nutrient Application Requirements

PAGE 4

5. Fields are deﬁned as highly erodible land by

USDA-Natural Resources Conservation Service

(NRCS) Field Ofﬁce Technical Guide standards

and determination protocols. This exemption

requires supporting documentation (a Farm Ser-

vice Agency map or Soil Conservation and Water

Quality Plan signed by a soil conservation district

representative).

6. Spray irrigation is being used to apply nutrients to

a growing crop.

7. Small grains have been planted for harvest on the

land, either as grain or silage. This is considered a

standing crop, and therefore exempt from incor-

poration of organic nutrient sources during spring

green up.

• Nutrient applications are prohibited from December

16 through February 28. This requirement applies to

all poultry and livestock operations, regardless of size.

• An emergency provision allows the department to

work with farmers on a case-by-case basis to prevent

an overﬂow from liquid manure storage structures

during winter, when spreading manure is otherwise

prohibited. The exemption is only for on-farm generat-

ed manure that cannot be stored due to extraordinary

circumstances. It does not apply to biosolids or food

waste.

PAGE 5

• If you decide to seek an emergency waiver, you must

submit proof that you have attempted to obtain ma-

nure storage.

• If approved, you must implement environmental

protections to safeguard water quality, including the

application of manure on vegetative cover and the use

of a 100-foot buffer zone next to waterways.

• If you are granted an emergency exemption, you are

prohibited from applying liquid manure if the ground is

saturated, snow covered, or hard frozen two inches or

more.

If you apply nutrients to crop ﬁelds, you are required to

adhere to the setback distance as determined by the

method of application. If nutrients are custom-applied, it

is your responsibility to inform the applicator of the set-

back requirements. The setback indicator chart shown

below may be used to satisfy the Nutrient Management

Program’s reporting requirements. A map is recom-

mended, but not required.

A nutrient application setback is a vegetated area rang-

ing from 10 to 35 feet from an eligible waterway where

nutrients may not be applied in order to protect water

quality. Maryland’s nutrient management regulations

require setback information identifying these areas to be

included on farm nutrient management plans.

Setbacks for Nutrient Application

PAGE 6

• A minimum 10-foot setback is required for all nutrient

applications adjacent to surface waters and streams.

• A 35-foot setback is required when using broadcast

fertilizer application methods. No crops may be grown

on the 10-foot setback except pasture and hay. The

remaining 25-foot setback may have crops, but may

not be fertilized unless a direct application method is

used.

• Pastures and hayﬁelds are subject to a 10-foot

setback.

• Nutrients may not be applied mechanically within the

10-foot setback area.

• Livestock are not allowed in the setback; however,

ﬂash grazing is allowed.

• Fencing to control livestock may not be required in all

cases. If you do not have stream protection measures

in place, contact your soil conservation district to

schedule a farm visit. District staff can evaluate the

site to determine whether fencing is needed or alter-

native practices such as watering facilities, livestock

crossings, or vegetative exclusion will help protect

water quality. The district will provide you with the

necessary documentation to meet this requirement. If

alternative practices do not inhibit access, the depart-

ment may require fencing.

• Livestock sacriﬁce lots require a 35-foot setback from

sur face water.

THE FOLLOWING NUTRIENT APPLICATION SETBACK REQUIREMENTS APPLY:

Farm Name(s)

Is Surface Water

Present on the Farm

that Requires a

Setback?

(Yes or No)

Field(s) Requiring a

Nutrient Application

Setback*

Nutrient Application Setback Required

(Indicate with “Yes” in appropriate column or columns)

Livestock on

Pasture

≥ 10 ft.

Directed

Application**

≥ 10 ft.

Broadcast

Application or

Sacriﬁce Lots***

≥ 35 ft.

*If a ﬁeld contains multiple sources of surface water (i.e. a pond and a stream), list each separately or identify on the map.

**Directed application is a directed spray application (vertical fan or drop nozzle), air ﬂow application, knifed/injected application of nutrients, and planter applied nutrients.

***Broadcast application or sacriﬁce lots: spinner spreaders (manure or fertilizer), high volume horizontal nozzles, and manure spreaders (box type with beaters, splasher plates for

liquid, side discharge V-type).

Maryland Nutrient Management Program

Nutrient Application Setback Indicator

PAGE 7

Use the following charts to determine the length of the setback required:

NUTRIENT APPLICATION SETBACKS

Edge of Watercourse

35 feet

No broadcast application

10 feet

No nutrient

application

“Directed” nutrient

application

If the watercourse is:

It is deﬁned

as a:

For crop and pastureland

adjacent to the watercourse,

a setback is:

Natural and either perennial or intermittent Stream Required

Channelized and perennial and:

A. Lies within a ﬂoodplain soil map unit, or

B. Lies within a hydric soil map unit mapped

as a narrow, elongated feature in a ﬂuvial

(stream-like) ﬂoodplain position, or

C. Lies within a “B” slope or greater soil

Stream Required

Channelized and intermittent Ditch Not Required

Ephemeral (natural or channelized) Ditch Not Required

WHEN DO NUTRIENT APPLICATION SETBACKS APPLY?

PAGE 8PAGE 8

Temporary ﬁeld stockpiling (staging) of poultry litter and

other dry organic nutrient sources with 60 percent or

less moisture content is allowed under Maryland’s nutri-

ent management regulations when other immediate use

options and alternatives are unavailable. Dry process

waste is primarily associated with poultry operations but

can also come from swine, beef, or dairy cattle opera-

tions. To minimize the duration of temporary ﬁeld stock-

piling, work with your integrator to schedule manure

applications as close to spring planting as possible so

that crops have a readily available nutrient source when

they need it most.

• Manure storage structures should be completely

utilized before starting a stockpile.

• Record the date that the stockpile was started.

• Manure in temporary stockpiles must be land applied

no later than the ﬁrst spring following the placement of

the stockpile.

• The stockpile area must be:

— At least 100 feet from any surface water and ir-

rigation or treatment ditches, or 35 feet away if a

vegetative buffer is in place.

— At least 150 feet from wells, springs, and wetlands.

Requirements and Best Management Practices for

Temporary Manure Stockpiling (Staging)

— At least 300 feet from a well that is down gradient

from the stockpile.

— At least 200 feet from any residence outside the

operator’s property.

— Outside ﬂood prone areas and areas prone to

ponding.

— No farther than 150 feet from the top of a 3 percent

slope with no diversion installed.

• Stack the stockpile at least 6 feet high; make sure it is

peaked to allow it to shed rainfall.

• Stockpile materials should be stockpiled in a manner

that prevents nutrient runoff.

• If the manure stockpile will be exported off the farm,

record the date that the manure was shipped along

with the name and address of the recipient and an

estimate of the tonnage exported.

• Following removal of the stockpile, thoroughly scrape

or clean the ground and restore the area to its original

condition. If necessary, reseed the area with grass or

an agronomic crop to facilitate nutrient uptake.

• Place subsequent stockpiles in the same location to

minimize environmental impact.

PAGE 9

You may apply chemical fertilizer from March 1 through December 15 to an existing crop or a fall planted crop

following University of Maryland recommendations.

Organic nutrient sources may be applied from March 1 through December 15 to an existing crop. Additional

restrictions and conditions for organic nutrients applied in the fall (September 9 through December 15) are

described in the Maryland Nutrient Management Manual.

You must inject or incorporate manure, biosolids, and other organic nutrient sources into the soil within 48

hours of application. There are exceptions for no-till farming systems, spray irrigation on a growing crop, per

manent pastures, hay production ﬁelds, and highly erodible ﬁelds.

Fall application of nitrogen is prohibited on small grains if a fall nitrate test indicates levels greater than 10

parts per million for wheat or 15 parts per million for barley.

Cover crops must be planted when organic nutrient sources are applied in fall.

A minimum 10-foot setback is required for all nutrient applications adjacent to surface waters and streams.

A 35-foot setback is required when using broadcast fertilizer application methods. Only pasture and hay may

be grown on the 10-foot setback area. The remaining 25-foot setback may have crops, but may not be fertil

ized unless a direct application method is used.

Pastures and hayﬁelds are subject to a 10-foot setback. Livestock are not allowed in the setback area.

Livestock stream protection practices are required.

Livestock sacriﬁce lots require a 35-foot setback from surface water.

Winter application (December 16 through February 28) of chemical fertilizer is prohibited. There are exceptions

for green up of perennial forage crops and small grains as well as greenhouse, cool season grass sod produc

tion, and vegetable and fruit production, as long as applications are performed following University of Mary-

land recommendations.

Nutrient applications are prohibited from December 16 through February 28.

If nutrients are custom-applied, it is your responsibility—as the farmer—to inform the applicator of the

setback distance based on the method of application.

SUMMARY: Maryland Nutrient Management Application Requirements

PAGE 10

Maryland’s Phosphorus Management Tool (PMT) regula-

tions require farmers with high soil phosphorus levels to

use the PMT to identify the potential risk of phosphorus

loss from farm ﬁelds and prevent the additional buildup

of phosphorus in soils that are already saturated. Soils

with high phosphorus levels are typically found on farms

that have used manure or poultry litter as a crop nutrient

over an extended period of time.

Fertility Index Value (FIV) is a measurement of phospho-

rus in the soil as determined by a laboratory test of a soil

sample. A level between 51-100 is considered “optimum”

for crop production. FIV levels above 100 indicate that

the soil contains more phosphorus than the crop needs.

Farm ﬁelds with high soil phosphorus levels identi-

ﬁed by a Fertility Index Value of 150 or greater are

required to be managed using the PMT. If a farm

ﬁeld scores less than 150 FIV, phosphorus may be

applied to the land following University of Maryland

recommendations outlined in the Maryland Nutrient

Management Manual.

Phosphorus Management Tool (PMT)

l PHOSPHORUS TESTING REQUIREMENT

Maryland’s PMT regulations require certiﬁed nutrient management consultants and farmers who prepare their

own nutrient management plans to submit soil test phosphorus data to the department every six years. Soil test

phosphorus data was collected in 2015 and 2021.

l SPECIAL PROVISIONS AND CONSIDERATIONS

The following special provisions allow farmers to apply phosphorus to crops when it would otherwise be restricted

by the PMT. For additional guidance, contact your nutrient management consultant or regional nutrient manage

ment specialist.

• Tissue Analysis—Crop tissue, such as the leaves of a corn plant, may be analyzed as an indicator of crop

health and nutrient deﬁciency. If a phosphorus deﬁciency is indicated, you may add phosphorus to the crop

following University of Maryland recommendations.

• High Phosphorus Crops—Vegetable and tobacco crops with proven higher phosphorus needs may receive

phosphorus applications at planting.

• Organic Crops—Certiﬁed organic farmers who rely on animal manures as a source of both nitrogen and phos

phorus for crop production may apply limited amounts of phosphorus under certain conditions.

• Alternative Use—Farmers adopting Maryland Department of Agriculture-approved alternative use technolo

gies to lower the phosphorus content in animal manure may apply limited amounts of phosphorus.

PAGE 11

NOTES

WESTERN MARYLAND

Allegany, Garrett and Washington counties

P.O. Box 459

Hancock, MD 21750

410-279-3506

Carroll and Frederick counties

92 Thomas Johnson Drive, Suite 110

Frederick, MD 21702

410-353-4320

CENTRAL AND SOUTHERN MARYLAND

Anne Arundel, Howard and Montgomery

counties

92 Thomas Johnson Drive, Suite 110

Frederick, MD 21702

410-507- 4811

Baltimore, Cecil and Harford counties

P.O. Box 850

Bel Air, MD 21014

410-841-5959

Calvert, Charles, Prince George’s and

St. Mary’s counties

P.O. Box 652

Leonardtown, MD 20650

410-980-9479

EASTERN SHORE

Caroline and Dorchester counties

P.O. Box 340

Marydel, MD 21649

410-353-5660

Kent, Queen Anne’s and Talbot

counties

P.O. Box 549

Cordova, MD 21625

410-279-4003

Somerset, Wicomico and Worcester

counties

27722 Nanticoke Road, Unit 2

Salisbury, MD 21801

410-507-4949

MARYLAND DEPARTMENT OF AGRICULTURE

Nutrient Management Ofﬁces

MDA 15.02.22 Recycled Paper

Nutrient Management Program

50 Harry S. Truman Parkway

Annapolis, MD 21401

410-841-5959

nminfo[email protected]v

mda.maryland.gov

PLEASE READ: The information provided in this booklet is for

general reference purposes only. For speciﬁc information on

Maryland’s nutrient management regulations, please contact the

regional nutrient management specialist serving your county.