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Updates to Agricultural Regulations: Definitions and Erosion Control Measures

This document outlines significant revisions to agricultural regulations, focusing on key definitions related to farming practices. The term "cultivation" replaces "plowing or tilling," and the definition of agricultural operations now includes horses. It addresses animal heavy use areas where animals gather, creating environmental and soil erosion issues. The conservation plan, prepared by NRCS or a certified individual, must include an implementation schedule. Additionally, guidelines for erosion and sediment control (E&S) are specified for agricultural operations, including BMPs for cultivation and animal areas.

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Updates to Agricultural Regulations: Definitions and Erosion Control Measures

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  1. CHAPTER 102 REGULATIONS REVISIONS TO AGRICULTURAL SECTION

  2. DEFINITION CHANGES • Agricultural “Cultivation” instead of “Plowing or Tilling” • Ag operation – new definition – includes horses • Animal heavy use area – includes areas on farm where animals congregate, creating e&s problems

  3. DEFINITIONS, CON’D • Conservation Plan – “prepared by NRCS or a person certified by that agency” – includes an implementation schedule – addresses heavy use areas • Earth disturbance – includes “improper management of animal heavy use areas”

  4. DEFINITIONS (CON’D) • Soil Loss Tolerance (T) – maximum amount of soil loss, in tons/acre/year, that a given soil type can tolerate and still permit a high level of crop production to be sustained economically and indefinitely

  5. §102.5 E&S CONTROLAT AG OPERATIONS a. BMPs to address ag cultivation & animal heavy use areas (<5,000 sq.ft.) b. Written plans for these areas, if >5,000 sq.ft. c. Joint responsibility (landowner & renter) for plan development, implementation, maintenance

  6. §102.5 E&S CONTROL(con’d) d. E&S plan options for cultivation activities: • Soil loss from sheet/rill = Tr, gully erosion addressed with BMPs, and BMPs used where <25% cover within 100’ of surface water • Follow Ag E&S Control Guidance • Obtain DEP approval

  7. 102.5 E&S CONTROL(con’d) e. E&S plans for animal heavy use areas: • Follow NRCS HUAP standard 561 • Follow Ag E&S Control Guidance • Obtain DEP approval

  8. 102.5 E&S CONTROL(con’d) f. E&S plans includes cost effective and “reasonable” BMPs and implementation schedule g. Portion of Conservation Plan that meets 102.5(d) – (f) is acceptable for Ag E&S h. Plan – available for review at ag operation

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