Changes to nitrates regulations that you need to be aware of

The recent changes to the nitrates regulations will have an impact on all farms in Ireland, no matter what their organic nitrogen (N) stocking rate is.

Farms with higher stocking rates will be required to adhere to the most changes, but even lowly stocked farms will have to make some changes.

Nitrates regulations

Starting with the measures that impact on all farmers no matter what the stocking rate on the farm is, here’s what you need to know.

With regards to round-bale storage, if there are no effluent facilities, a maximum height of two bales and >20m from surface water must be adhered to, and this includes farmyards.

The permitted slurry spreading dates have also changed. These are as follows:

Another change relating to slurry is that chemical N contained within 1m³ of slurry has now been halved from 5kg to 2.4kg; P levels have also changed from 0.8kg to 0.5kg.

This effectively means that farmers will have to export double the amount of slurry volume to remove the same level of organic N.

There are also changes to the spreading of soiled water; in 2023, the closed period for soiled water is December 10-31.

There are further changes for 2024 and 2025; for 2024, the closed period is December 1-31, except winter milk suppliers.

In 2025, the closed period is December 1-31, for all milk suppliers.

Soiled water is water that has been collected from milking parlour wash down and collecting yards, unroofed temporary holding yards, washing beet or machinery, and runoff from silage bases.

Regarding changes to chemical fertiliser, the open period for 2023 is January 30 to September 14.

The buffer zone for chemical N has also been increased to 3m from surface water.

Chemical N limits have reduced by 10%, and a fertiliser database – which is linked to Department of Agriculture, Food and the Marine (DAFM) and automatically records purchases – is to be introduced.

Herd numbers will also be required when purchasing fertiliser.

For dairy farmers, there has been the introduction of nitrates banding for 2023.

This means that the excretion rate for all dairy cows of 89kg of organic N/cow has changed, and organic N/cow will now be determined by milk yields.

Banding will be calculated using annual milk reports and Animal Identification and Movement System (AIMS) data.

Farmers do have a choice on how this will be calculated; they can choose from the average milk yield/annum for the three preceding years, or the year preceding the implementation of the respective band.

If milk delivered from a holding to the milk purchaser on an annual basis over the previous three calendar years is not submitted, the occupier’s herd will be assigned, by default, to the highest excretion rate band.

For tillage farmers, all arable land requires soil samples in 2023, otherwise the land is given a phosphorus (P) index of 4.

This will have an impact on chemical N and organic fertiliser – such as importing slurry.

All slurry applied to arable land needs to be applied using low emmission slurry spreading (LESS) and all pig slurry needs to be applied using LESS.

Over 130kg

Moving to the changes to the nitrates regulations that effect farmers that are stocked over 130kg of organic N/ha, these measure are in addition to what has been outlined above.

Farmers stocked at 130kg or higher require soil samples to show the requirement for P (chemical or organic).

With soil samples, land is given a P index of 4.

Soil samples are valid for four years on a maximum of 5ha/sample – samples taken after September 15, 2019 are valid for 2023.

A maximum of 15% crude protein in ration for mature livestock, including dairy cows.

These farmers will be required to spread there slurry using LESS from January 2024.

Depending on the zone, these farmers are required minimum storage capacity of between 16 to 22 weeks:

• Zone A: 16 weeks;
• Zone B: 18 weeks;
• Zone C: 20 weeks;
• Zone C* (Cavan and Monaghan): 22 weeks.

Farms that are under the 130kg of organic N can reduce storage requirements by outwintering stock – farms over are over 130kg cannot.

Over 150kg

The measures that effect farmers that are stocked over 150kg of organic N/ha are in addition to what has been outlined above.

These farmers are required to spread all their slurry from January 1, 2023.

Over 170kg

The measures that effect farmers that are stocked over 170kg of organic N/ha are also in addition to what has been outlined above.

This applies to farmers that are over 170kg/ha before exporting slurry to get below derogation limits.

These farmers are now required to spread lime on land that requires it.

Bovines must be kept out of watercourses and fences must be 1.5m back from top of watercourse bank – this can be temporary fencing – and drinking points are not allowed.

Water troughs are to be set back at least 20m from watercourses.

Derogation farmers

For the changes that will effect derogation farmers, check out Agriland’s previous article by clicking here.

Future nitrates regulations

There are also a number of other changes to the nitrates regulations coming down the line that farmers should be aware of.

One of these is the possibility that derogation maximum stocking rates will be reduced from 250kg of organic N to 220kg of organic N.

Farms will also see the phased introduction of LESS:

• >150kg/ha from January 2023;
• >130kg/ha from January 2024;
• >100kg/ha from January 2025.

Minimum storage requirements from January 2025, for farms stocked >100kg/ha, will be 16-22 weeks storage – as stated earlier, this was previously based on >130kg of organic N/ha.

There may be a review of slurry and soiled water storage requirements in 2023, with capacity likely to increase.