Several states in New England have nutrient management regulations that impact vegetable production practices. The EPA began regulating municipal waste water treatment facilities to manage water pollution, and more recently, regulations have gone in place to regulate non-point source pollution such as that coming from fertilizer or manure applications on agricultural fields. Below is a list of states with regulations and recommendations on how to comply.
Maine. Regulations for crop farms require the development of a nutrient management plan (NMP) if a farm is importing more than 100 tons of manure or regulated residuals annually. The NMP must address storage and utilization of manure and off-farm nutrients on land to which the materials are applied. The NMP must include or provide for minimum distances between manure storage, stacking, and spreading areas and property lines and surface water based on site-specific factors determined to be effective for controlling runoff and for preventing contamination of surface water. The NMP must include soil test reports for each field where manure or other crop nutrients will be applied, and soils must be tested for each field at least every 5 years. For each field, the NMP must show the calculation of nutrients required to grow the specific crop. The producer may write their own plan, but it must be approved by a Maine certified nutrient management planner licensed through the Nutrient Management Office. To find a licensed nutrient management planner, contact: Mark F. Hedrich, Nutrient Management Program Manager. Maine Department of Agriculture, Conservation and Forestry, Division of Animal & Plant Health, 28 State House Station, Augusta, Maine 04333; 207-287-7608; @email
New Hampshire. Best Management Practices (BMPs) for Agriculture are prepared by the Agricultural Best Management Practices Task Force and the USDA Natural Resources Conservation Service (NRCS) in Durham, NH and provide a guide for growers for handling manure, agricultural compost, and chemical fertilizer. There is not a law that explicitly requires growers to follow them; however, it is in the producers’ best interest to follow these BMPs as they provide protection from nuisance allegations. State law under RSA 431:35 requires the New Hampshire Department of Agriculture, Markets & Food to respond to complaints involving the mismanagement of manure, agricultural compost, and chemical fertilizer. Copies of the BMP manual are available to producers as a tool, but the NH Department of Agriculture, Markets & Food does not have the authority to enforce the implementation. A copy of the manual can be found here: https://www.agriculture.nh.gov/farms-businesses/product-regulation-quality/nutrient-management
Vermont. All farms must comply with the Required Agricultural Practices (RAPs) effective July 2017. The RAPs are practices and management strategies by which all types of farms must be managed to reduce the impact of agricultural activities on water quality. These standards are intended to improve the quality of Vermont’s waters by reducing and eliminating cropland erosion, sediment losses, and nutrient losses through improved farm management techniques, technical and compliance assistance, and where appropriate, enforcement. The RAPs establish nutrient, manure, and waste storage standards, make recommendations for soil health and establish requirements for vegetated buffer zones and livestock exclusion from surface water. The RAPs also establish standards for nutrient management planning and soil conservation. Full text of the RAPs regulations may be found on the Vermont Agency of Agriculture, Food and Markets website here: https://agriculture.vermont.gov/rap. Questions regarding these regulations should be directed to the Vermont Agency of Agriculture, Food and Markets, Water Quality Division, @email, (802) 828-2431. A factsheet specific to the RAP applicability to vegetable producers can be found here: https://agriculture.vermont.gov/sites/agriculture/files/documents/VeggieFactsheet.pdf
Massachusetts. An Act Relative to the Regulation of Plant Nutrients authorizes statewide nutrient management regulations by the Massachusetts Department of Agricultural Resources (MDAR) and requires that regulations promulgated under its directive relative to plant nutrients are consistent with UMass Extension’s published information, educational materials and other public outreach programs relative to nutrient management and fertilizer. The regulations (330 CMR 31.00: Plant Nutrient Application Requirements for Agricultural Land and Land Not Used for Agricultural Purposes) give MDAR state-wide authority to regulate and enforce the registration and application of plant nutrients including, but not limited to, fertilizer, manure, and micronutrients. They require that producers apply plant nutrients at agronomic rates according to UMass guidelines and a nutrient management plan; not apply plant nutrients directly to surface water, saturated ground, soils that are frequently flooded, or to frozen or snow-covered soils; and respect application setbacks from sensitive areas. The Cape Cod Commission, Martha’s Vineyard Commission, and Nantucket Commission have the option to adopt their own ordinances in regard to nutrients and fertilizers, but they cannot be less restrictive than the state regulation. Contact MDAR at @email or 617-626-1771 or see https://www.mass.gov/info-details/plant-nutrient-management for more information.
Connecticut. Currently there are no nutrient management regulations affecting vegetable farmers in CT. There is a Phosphorous Law (CT PA-1255) but it primarily affects wastewater treatment facilities and homeowners who may only apply P if a soil test shows a need and not during winter months.
Rhode Island. No regulations of nutrient applications are in place in RI, however, on a case-by-case basis regulation may occur as part of a response to an environmental violation, for example, a consent agreement resulting from water quality impairment.