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The Vermont Statutes Online



Title

06

:
Agriculture






Chapter

215

:
AGRICULTURAL WATER QUALITY






Subchapter

002
:
WATER QUALITY; REQUIRED AGRICULTURAL PRACTICES AND BEST MANAGEMENT PRACTICES










 

§

4816. Seasonal application of manure

(a) Prohibition

on application. A person shall not apply manure to land in the State between

December 15 and April 1 of any calendar year unless authorized by this section.

(b) Extension of

prohibition. The Secretary of Agriculture, Food and Markets shall amend the

required agricultural practices by rule in order to establish a process under

which the Secretary may prohibit the application of manure to land in the State

between December 1 and December 15 and between April 1 and April 30 of any

calendar year when the Secretary determines that due to weather conditions,

soil conditions, or other limitations, application of manure to land would pose

a significant potential of discharge or runoff to State waters.

(c) Seasonal

exemption. The Secretary of Agriculture, Food and Markets shall amend the

required agricultural practices by rule in order to establish a process under

which the Secretary may authorize an exemption to the prohibition on the

application of manure to land in the State between December 15 and April 1 of

any calendar year or during any period established under subsection (b) of this

section when manure is prohibited from application. Any process established for

the issuance of an exemption under the required agricultural practices may

authorize land application of manure on a weekly, monthly, or seasonal basis or

in authorized regions, areas, or fields in the State, provided that any

exemption shall:

(1) prohibit

application of manure:

(A) in areas

with established channels of concentrated stormwater runoff to surface waters,

including ditches and ravines;

(B) in

nonharvested permanent vegetative buffers;

(C) in a

nonfarmed wetland, as that term is defined in 10 V.S.A. § 902(5);

(D) within 50

feet of a potable water supply, as that term is defined in 10 V.S.A. § 1972(6);

(E) to fields

exceeding tolerable soil loss; and

(F) to saturated

soils;

(2) establish

requirements for the application of manure when frozen or snow-covered soils

prevent effective incorporation at the time of application;

(3) require

manure to be applied according to a nutrient management plan; and

(4) establish

the maximum tons of manure that may be applied per acre during any one

application. (Added 2013, No. 159 (Adj. Sess.), § 15; amended 2015, No. 64, §

13.)