How to comply with the Farming Rules for Water

This guidance relates to The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018 (also known as Farming Rules for Water). The regulations came into force on 2 April 2018.

You must follow these regulations if you are a land manager in England. The regulations define a land manager as any person who has custody or control of agricultural land. This includes farmers and tenant farmers.

You must also comply with these regulations if you are in a Nitrate Vulnerable Zone (NVZ).

You must take steps to prevent agricultural diffuse pollution (pollution) occurring. This is when pollutants from organic manure, manufactured fertilisers, sediment, soil and other pollutants get into:

• inland freshwaters
• coastal waters
• springs
• wells
• boreholes

Runoff, erosion, and leaching are the main causes of this pollution.

These regulations apply to agricultural practices, such as:

• using and storing organic manure or manufactured fertiliser
• planting and harvesting
• soil management – for example, ploughing or planting cover crops
• managing livestock on your land

Organic manures are fertilisers produced from one or more animal, plant or human sources, including:

• livestock manures
• sludge
• slurry
• anaerobic digestate
• compost

Assess pollution risks

You must identify and take into account any factors that could lead to the risk of pollution, for example:

• the angle of slopes, in particular if the angle is greater than 12 degrees
• amount of ground cover
• proximity to inland freshwaters, coastal waters, wetlands, springs, wells or boreholes
• soil type and condition
• presence and condition of land drains

Before you apply organic manure or manufactured fertiliser

You must plan each application of organic manure or manufactured fertiliser on your agricultural land.

Applying includes:

• spreading on the surface of the land
• injecting into the soil
• mixing organic manure or manufactured fertiliser with the surface layers of soil

You must:

• check that you do not apply more than your soil or crops need, at the time of application
• assess the pollution risks so you do not create a significant risk of pollution
• take into account the weather forecasts and conditions at the time you want to apply it

You can plan and manage your nutrient applications using the Defra nutrient management planning tool: GB (NMPT-GB).

You can use the Nutrient Management Guide RB209 on the Agriculture and Horticulture Development Board website to work out the nutrients your soil or crop needs.

Use soil test results for cultivated agricultural land

If you’re applying organic manure or manufactured fertiliser to cultivated agricultural land, you must take into account results of soil tests in your plans.

Cultivated agricultural land is one of the following:

• land you’ve ploughed, sowed or harvested at least once in the last year
• land where you’ve applied organic manure or manufactured fertiliser at least once in the last 3 years

The results of soil tests must show the pH and levels of:

• nitrogen – you can do an assessment of soil nitrogen supply instead of a soil test
• phosphorus
• potassium
• magnesium

Soil test results must be no more than 5 years old at the time of application.

Applying manufactured fertiliser

You must not apply manufactured fertiliser:

• on waterlogged, flooded or snow covered soil
• when the soil has been frozen for more than 12 hours in the past 24 hours
• within 2 metres(m) of inland freshwaters, coastal waters, a spring, well or borehole
• where risk factors mean there’s a significant risk of pollution

Applying organic manure

You must not apply organic manure:

• on waterlogged, flooded or snow covered soil
• when the soil has been frozen for more than 12 hours in the past 24 hours
• within 50m of a spring, well or borehole
• within 10m of inland freshwaters or coastal waters, unless you’re using precision spreading equipment or you’re managing land for specific environmental benefits
• where risk factors mean there’s a significant risk of pollution

6m exception for precision equipment

You can apply manure no closer than 6m from inland freshwaters or coastal waters if you use:

• a trailing hose or shoe band spreader
• a shallow injector (no deeper than 10cm)
• a dribble bar applicator

Exception for environmental benefits

There’s an exception for land you manage for breeding wader birds or as a species-rich semi-natural grassland.

On this land, you can apply livestock manure (not slurry or poultry) within 10m of inland freshwaters and coastal waters if:

• it is a requirement of an agri-environment scheme
• the land is within a site of special scientific interest (SSSI)
• you do not apply manure onto the surface of water
• you only apply the manure from 1 June to 31 October
• you apply no more than 12.5 tonnes per hectare per year

Reduce pollution risks when you use organic manure or manufactured fertiliser

You must take reasonable precautions to reduce the risk of pollution when you apply organic manure or manufactured fertiliser.

Examples of reasonable precautions include, but are not limited to:

• checking your spreading equipment is correctly calibrated and does not leak
• working organic manure or manufactured fertiliser into the soil within 12 hours or as soon as possible after applying it
• checking the organic matter content and moisture level in your soil

Storing manure

You must take into account risk factors for run-off when deciding where to store manure on your land.

You must not store it:

• within 10m of inland freshwaters or coastal waters
• within 50m of a spring, well or borehole
• anywhere there is a significant risk of pollution

You must also comply with the relevant regulations for: 

• storing silage, slurry and agricultural fuel oil, if you store silage or slurry on your land 
• storing organic manures in nitrate vulnerable zones if your land is in an NVZ

Prevent erosion: manage livestock and soil

You must take reasonable precautions to prevent soil erosion caused by livestock, land management or cultivation practices. Soil erosion and run-off can lead to pollution of watercourses.

Planting, harvesting and soil management

You must take reasonable precautions to reduce the risk of pollution when you carry out activities such as:

• creating farm tracks or gateways
• establishing seedbeds, polytunnels or tramlines
• cleaning out ditches
• installing drainage or irrigation
• irrigating crops
• spraying crops with pesticides, herbicides or fungicides

Examples of reasonable precautions include, but are not limited to:

• planting crops in early autumn and in dry conditions
• planting headland rows and beds across the base of sloping land
• undersowing or sowing a cover crop to stabilise soil after harvest
• breaking up compacted soil
• establishing grass buffer strips in valleys, along contours, slopes, field edges and gateways
• avoiding planting late harvested or root crops on fields that are particularly vulnerable, such as those prone to erosion, waterlogging or with steep slopes

Managing livestock

You must make sure you prevent livestock compacting soil by trampling it (poaching) within 5m of inland freshwaters or coastal waters.

You must not place livestock feeders:

• within 10m of inland freshwaters or coastal waters
• within 50m of a spring, well or borehole
• where risk factors mean there’s a significant risk of pollution

You must take reasonable precautions to prevent pollution when managing livestock.

Examples of reasonable precautions include, but are not limited to:

• moving livestock to prevent poaching and bankside erosion
• putting up fences to keep animals away from watercourses
• wintering livestock on well-drained, level fields

How inspectors check you’re complying with the regulations

The Environment Agency is responsible for enforcing the Farming Rules for Water. It will do this through its farm inspections work. This may include checking:

• soil test results 
• evidence of how you’ve planned your nutrient applications, for example in a nutrient management plan  
• the types of crops you’re planting 
• the location of any organic manure stores 
• records of the weather forecast
• a risk map that shows areas of pollution risks you have identified on your land
• fertiliser records, including records you keep on calibrating fertiliser equipment 
• for signs of fertiliser use in restricted areas – including excessive growth of vegetation on the margins of restricted areas 
• for evidence of pollution or if there’s a significant risk it could happen  
• you’re meeting the distance restrictions in the regulations 
• for soil erosion affecting a single area of more than 1 hectare 
• for poaching on a stretch of land (at least 2m wide and 20m long) next to inland freshwaters or coastal waters

If an inspection finds you’re not complying with the regulations

The Environment Agency will usually prioritise giving advice and guidance, specifying the actions you need to take before taking more formal enforcement action.

For example, if the Environment Agency finds you’re breaching the regulations, it will help you by:

• identifying the changes you need to make
• agreeing a timescale with you to make changes

To check you’ve made changes, the Environment Agency may:

• make a follow-up visit
• ask for evidence, such as photographs

If there’s already pollution or a significant risk of pollution, the Environment Agency may take more formal enforcement action. This may include prosecution.

Get advice

You can get advice from:

• the Environment Agency

• Catchment Sensitive Farming

• the Farming Advice Service