Sustainability Programs Advancing Conservation

Chesapeake Bay Program

The Chesapeake Bay Program started in 1983 as a voluntary cost-share program that provided $30,000 toward Ag best management practices on farms to address nutrient and sediment pollution. Over the years, with the deterioration of the Chesapeake Bay due to nutrient and sediment runoff, regulations increased and the program underwent drastic changes. A Bay Special Projects Program was funding to address increased concerns in the Chesapeake Bay.

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As a part of an executive order to clean up the Chesapeake Bay by President Obama in November 2011 all farms that had livestock, poultry or equine that produce and import manure are required to develop a manure management plan under chapter 91 regulations. In addition, if farms actively farm fields with any type of tillage equipment, including no till, they must develop an Ag Erosion and Sedimentation Plan under Chapter 102 regulations. Both plans are required of farms to achieve minimum compliance in Pennsylvania.

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The Bay Program requires Conservation Districts and the Department of Environmental Protection to ensure that farms have the plans needed for minimum compliance. This was achieved initially by conducting bay visits to inform farmers of plan requirements. Now, as time passed, ag inspections are done to ensure all farming operations have all the necessary plans.

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In Montour County, the Conservation District began developing manure management plans and Ag Erosion and Sedimentation Plans for farmers in the county early on in the process. Due to the plan development conducted, over 90% of the farms in Montour County have their required manure management plans and have implemented the best management practices to address nutrient and sediment runoff concerns as required by the plan. Also, nearly 200 Ag erosion and sedimentation plans have been developed for Ag compliance, where approximately 60% of farms are in compliance with 102 requirements.

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Challenges moving forward are the development of Ag Erosion and Sedimentation Plans for landowners that own farmland but do not farm the ground.

Act 38 Nutrient Management

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The Nutrient Management Program was passed in October 1997 and took effect in December 1997. It requires that all Concentrated Animal Operations (CAOs) or operations that have 2,000 pounds of livestock, poultry, equine or 2 Animal Equivalent Units (AEUs) per acre available for manure to develop and submit a nutrient management plan to the County Conservation District. Acres available for manure would include crop fields, hay fields and pastures and all rented acres that are contiguous with the operations where manure could be spread.

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A nutrient management plan indicates how much manure is produced on an operation and what applications rates will be used to grow a certain yield of crop in an agronomically safe manner. It includes field by field analysis of phosphorus levels and requires 100-150 foot setback when spreading manure around streams, ponds and other water sources including wells. A nutrient management plan will address resource concerns of sources of nutrient and sediment pollution such as manure storage and stacking areas and animal concentration areas like feedlots, exercise lots and barnyards that are void of vegetation where nutrient runoff could occur. Stormwater entering these areas will also be evaluated as part of the nutrient planning process.

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Often times, CAOs cannot use all the manure they produce on the operation and are required to export manure to neighboring farms or contract with manure brokers to dispose of excess manure produced. This would require written agreements and nutrient balance sheets for all importing operations.

Nutrient Management Plans are developed by certified planners and must be approved by the local County Conservation District. The Conservation Districts review the plan and when it meets all the necessary requirements recommend the plan for approval to their board. The Conservation District has 90 days to act on a nutrient management plan once it is submitted. In Montour County, Sean Levan is certified under the Pennsylvania Nutrient Management Program. If you have any questions concerning the Act 38 Program or think your operation might fall under these requirements, please give us a call.