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Title

06

:
Agriculture






Chapter

215

:
AGRICULTURAL WATER QUALITY






Subchapter

003
:
WATER QUALITY; FINANCIAL AND TECHNICAL ASSISTANCE










 

§

4827. Nutrient management planning; incentive grants

(a) A farm

developing or implementing a nutrient management plan under chapter 215 of this

title or federal regulations may apply to the Secretary of Agriculture, Food

and Markets for financial assistance. The financial assistance shall be in the

form of incentive grants. Annually, after consultation with the Natural

Resources Conservation Service of the U.S. Department of Agriculture, natural

resources conservation districts, the University of Vermont Extension Service

and others, the Secretary shall determine the average cost of developing and

implementing a nutrient management plan in Vermont. The dollar amount of an

incentive grant awarded under this section shall be equal to the average cost of

developing a nutrient management plan as determined by the Secretary or the

cost of complying with the nutrient management planning requirements of chapter

215 of this title or federal regulations, whichever is less.

(b) Application

for a State assistance grant shall be made in a manner prescribed by the

Secretary and shall include, at a minimum:

(1) an estimated

cost of developing and implementing a nutrient management plan for the

applicant;

(2) the amount

of incentive grant requested; and

(3) a schedule

for development and implementation of the nutrient management plan.

(c) The

Secretary annually shall prepare a list of farms ranked, regardless of size, in

priority order that have applied for an incentive grant under this section. The

priority list shall be established according to factors that the Secretary

determines are relevant to protect the quality of waters of the State,

including:

(1) the

proximity of a farm to a water listed as impaired for agricultural runoff,

pathogens, phosphorus, or sediment by the Agency of Natural Resources;

(2) the

proximity of a farm to an unimpaired water of the State;

(3) the

proximity of a drinking water well to land where a farm applies manure; and

(4) the risk of

discharge to waters of the State from the land application of manure by a farm.

(d) Assistance

in accordance with this section shall be provided from State funds appropriated

to the Agency of Agriculture, Food and Markets for integrated crop management.

(e) If the

Secretary or the applicable U.S. Department of Agriculture conservation

programs lack adequate funds necessary for the financial assistance required by

subsection (a) of this section, the requirement to develop and implement a

nutrient management plan under State statute or State regulation shall be suspended

until adequate funding becomes available. Suspension of a State-required

nutrient management plan does not relieve an owner or operator of a farm

permitted under section 4858 or 4851 of this title of the remaining

requirements of a State permit, including discharge standards, groundwater

protection, and land application of manure. This subsection does not apply to

farms permitted under 10 V.S.A. § 1263.

(f) The

Secretary may enter into grants with natural resources conservation districts,

the University of Vermont Extension Service, and other persons and

organizations to aid in the implementation of the incentive grants program

under subsection (a) of this section and to assist farmers in the development

and implementation of nutrient management plans.

(g) Repealed.]  (Added 2005, No. 78, § 6, eff. June 24, 2005;

amended 2007, No. 197 (Adj. Sess.), § 2; 2013, No. 83, § 11, eff. June 10,

2013; 2013, No. 159 (Adj. Sess.), § 9; 2015, No. 39, § 7.)