Comply with Farming Rules for Water

Overview of the 8 rules

The Farming Rules for Water consist of 8 rules grouped into two categories: 5 rules about managing fertilisers and manures, and 3 rules about managing soil and livestock.

Rule 1: Plan your fertiliser and manure applications

You must plan each application of organic manure or manufactured fertiliser on your agricultural land. This means assessing what nutrients your soil and crop need, and not applying more than necessary.

What the regulations require

Before applying any fertiliser or organic manure, you must:

• Assess the crop's nutrient requirements (nitrogen, phosphorus, potassium)
• Consider the nutrients already available in the soil
• Account for the nutrient content of any organic manures you plan to apply
• Plan applications so they do not exceed what the soil and crop need
• Avoid raising soil phosphorus levels above target (typically Soil P Index 2)

The statutory guidance supporting this rule was replaced on 18 June 2025. Under the current guidance, applications must not exceed the soil and crop need at the time of application. You cannot rely on the earlier guidance's latitude for autumn spreading ahead of future crop need.

How to create a nutrient management plan

Your plan should demonstrate that you have considered nutrient needs before spreading. It can be:

• Written by hand: Field-by-field calculations showing crop requirements minus soil reserves minus manure nutrients equals fertiliser requirement
• Using software: RB209-based nutrient management software or commercial farm management systems
• From an agronomist: FACTS-qualified advisers can prepare plans for you

The key is having evidence that you planned BEFORE spreading. Records created after the event do not satisfy the planning requirement.

Rule 2: Use soil test results on cultivated land

If you are applying organic manure or manufactured fertiliser to cultivated agricultural land, you must take into account soil test results in your planning.

What counts as cultivated land

The soil testing requirement applies to:

• Arable land (growing crops from seed)
• Temporary grassland (grassland less than 5 years old)
• Land that has been ploughed or disturbed by cultivation in the last 5 years
• Land from which you have harvested a crop in the last 12 months

Permanent grassland that has not been cultivated for 5+ years is exempt from mandatory soil testing, but testing remains good practice for efficient nutrient management.

Why soil testing matters

Soil testing is the foundation of efficient nutrient management. Without knowing your soil's current nutrient status, you cannot plan applications accurately. Benefits include:

• Cost savings: Avoid applying fertiliser your soil does not need
• Environmental protection: Excess nutrients pollute watercourses
• Yield optimisation: Understanding deficiencies helps target applications
• Compliance: Demonstrable evidence for inspectors

How to get your soil tested

1. Sample correctly: Take 25 cores per field or management zone at consistent depth (0-15cm for arable, 0-7.5cm for grassland)
2. Choose a UKAS-accredited laboratory: Results from non-accredited labs may not be accepted
3. Request standard agricultural analysis: pH, P index, K index, Mg index as minimum
4. Keep results accessible: Store where you can produce them during inspections
5. Retest every 5 years minimum: More frequently if making large applications

Rule 3: Do not apply to waterlogged, frozen, or snow-covered ground

You must not apply organic manure or manufactured fertiliser when soil or weather conditions create a significant risk of pollution.

What "frozen for more than 12 hours" means

If the soil surface has been frozen for more than 12 hours in the previous 24-hour period, you must not spread. This is regardless of whether it has since thawed. The rationale is that frozen-then-thawed soil has reduced infiltration capacity.

Assessing "significant risk of pollution"

Beyond the specific prohibited conditions, you must assess whether there is a significant risk of pollution from any application. Consider:

• Weather forecast: Rain expected within 24-48 hours significantly increases runoff risk
• Field slope: Steeper slopes create faster runoff
• Soil type: Heavy clay soils have higher runoff risk than sandy soils
• Soil structure: Compacted soils cannot absorb applied materials
• Proximity to water: Fields adjacent to watercourses are higher risk
• Existing saturation: Already wet soils cannot absorb more liquid

The "full slurry store" is not an excuse

The Environment Agency is clear that inadequate storage capacity is not an acceptable reason for spreading in prohibited conditions. If your store is full and ground conditions are unsuitable, you are expected to have planned storage capacity to avoid this situation. This is a fundamental compliance requirement.

Rule 4: Apply fertiliser and manure away from water

You must maintain buffer zones when applying organic manure and manufactured fertiliser near watercourses.

Precision equipment reduces the buffer zone

You can apply organic manure within 6 metres (instead of 10 metres) of inland freshwaters or coastal waters if you use precision application equipment:

• Trailing hose band spreader
• Trailing shoe band spreader
• Shallow injector (injects no deeper than 10cm below surface)
• Dribble bar applicator
• Other equipment designed for accurate application

The investment in precision equipment can be worthwhile if you have land close to watercourses, as it allows more productive use of that land while maintaining compliance.

Mapping your buffer zones

Good practice is to mark buffer zones on your farm maps. This helps:

• Brief operators before spreading
• Demonstrate compliance during inspections
• Plan spreading routes to avoid buffer areas

Rule 5: Store manure safely

When storing organic manure on your land (field heaps or temporary storage), you must consider runoff risk.

Storage requirements

• Distance from water: Store organic manure at least 10 metres from any inland freshwater or coastal water
• Distance from drinking water sources: Store at least 50 metres from any spring, well, or borehole
• Runoff risk: Do not store where there is a significant risk of runoff entering watercourses

Site selection for field heaps

When choosing where to place a temporary manure heap:

• Avoid low-lying areas where water collects
• Check there are no drains directly underneath
• Consider slope direction - runoff will flow downhill
• Avoid areas that flood during high rainfall
• Rotate heap locations to prevent nutrient build-up

Permanent storage facilities

Constructed slurry stores and silage clamps must also comply with:

• SSAFO Regulations: The Silage, Slurry and Agricultural Fuel Oil Regulations set construction standards for permanent storage, and require at least 4 months' slurry storage capacity for new, substantially enlarged or substantially reconstructed stores
• NVZ capacity requirements: In Nitrate Vulnerable Zones you must have 5 months' storage (covering 1 October to 1 March) for cattle, sheep, goat, deer and horse slurry, and 6 months (1 October to 1 April) for pig slurry and poultry manure. The Farming Rules for Water themselves set no minimum storage period
• Environmental permits: Large pig and poultry units require permits

Rule 6: Manage livestock near water

Livestock access to watercourses causes direct pollution and bank damage. The regulations impose specific requirements to prevent this.

Preventing poaching near water

You must prevent livestock compacting soil by trampling (poaching) within 5 metres of inland freshwaters or coastal waters. Poaching:

• Destroys vegetation cover that protects banks
• Compacts soil, reducing infiltration
• Creates channels for polluted runoff into watercourses
• Introduces faecal bacteria directly to water

Feeder placement

You must not place livestock feeders:

• Within 10 metres of any inland freshwater or coastal water
• Within 50 metres of any spring, well, or borehole

This includes water troughs, ring feeders, feed trailers, and any other feeding point that concentrates livestock activity.

Practical solutions

• Fencing: Fence watercourses to exclude livestock, with alternative drinking water provision
• Hardstanding: Create hard-surfaced areas around feeders to prevent poaching
• Rotational grazing: Move stock before poaching becomes severe
• Alternative water: Provide pasture pumps or piped water away from watercourses

Fencing watercourses and providing alternative drinking water can also qualify for Countryside Stewardship payments.

Rule 7: Prevent soil erosion

You must take reasonable precautions to prevent soil erosion and runoff caused by land management practices.

High-risk activities

Activities that can cause erosion include:

• Cultivating up-and-down slopes (creates channels for water)
• Leaving bare soil over winter
• Late harvesting on wet ground
• Over-working soil to fine tilths
• Removing field boundaries that intercept runoff

Reasonable precautions

What counts as a "reasonable precaution" depends on individual circumstances, but includes:

• Cultivation across slopes: Contour ploughing reduces water flow speed
• Maintaining soil cover: Cover crops, crop residues, or rough seedbeds reduce erosion
• Timing of cultivation: Avoid cultivating when soil is very wet
• Preserving soil structure: Minimise passes and use appropriate machinery
• Maintaining hedgerows and field margins: These intercept and slow runoff

Erosion after maize and potatoes

Late-harvested root crops and maize are particular erosion risks because harvest occurs in autumn when:

• Ground is often wet
• Heavy machinery causes compaction
• Land is left bare through winter rainfall

Consider under-sowing cover crops, using tramlines to concentrate compaction, and sub-soiling to restore structure.

Rule 8: Manage soil compaction

You must take reasonable precautions to prevent pollution from soil compaction caused by livestock or machinery.

Why compaction matters

Compacted soil:

• Cannot absorb rainfall - water runs off the surface
• Carries sediment and pollutants to watercourses
• Reduces crop yields and grass growth
• Creates boggy conditions that worsen with livestock movement

Identifying compaction

Signs of compaction include:

• Standing water after rain where it did not previously gather
• Poor crop establishment in wheel lines
• Roots growing sideways rather than downwards (check with spade)
• Soil that is hard to dig or does not crumble
• Increased runoff visible in field corners

Preventing compaction

• Timing: Avoid working or grazing very wet fields
• Tyre pressures: Use correct (lower) pressures for field work
• CTF (Controlled Traffic Farming): Confine machinery to permanent tramlines
• Livestock management: House or move stock before grazing causes severe poaching
• Track placement: Install permanent tracks for regular heavy traffic

Remediation

If compaction has occurred, remediation options include:

• Sub-soiling (when soil is dry enough)
• Sward lifters for grassland
• Deep-rooted break crops
• Allowing natural recovery through wetting/drying and frost cycles

How Farming Rules for Water interact with NVZ requirements

If your land is in a Nitrate Vulnerable Zone (NVZ), you must comply with BOTH the Farming Rules for Water AND the additional NVZ regulations. NVZs cover approximately 55% of farmland in England.

Key additional NVZ requirements

NVZ rules add the following requirements on top of the Farming Rules for Water:

• Closed periods: Specific dates when you cannot spread certain fertilisers and manures (varies by soil type and land use)
• Nitrogen limits: Maximum 170 kg N/ha per year from organic manures (250 kg/ha with grassland derogation)
• N-max limits: Maximum total nitrogen (organic + manufactured) that can be applied to each crop
• Record keeping: Detailed records of all applications, kept for 5 years
• Risk maps: Must produce and maintain maps showing fields, watercourses, and restricted areas
• Storage capacity: Minimum 5 months' slurry storage (covering 1 October to 1 March) for cattle, sheep, goat, deer and horse slurry; 6 months (1 October to 1 April) for pig slurry and poultry manure

Which rule applies?

Where requirements overlap, the stricter rule applies:

• Spreading timing: NVZ closed periods ban spreading on specific dates regardless of conditions; Farming Rules ban spreading in bad conditions year-round
• Buffer zones: Generally the same, but NVZ areas may have additional local requirements
• Record keeping: Keep records for 5 years in NVZs (3 years general good practice)
• Storage: NVZ rules require 5 months (cattle and other grazing livestock) or 6 months (pigs and poultry); outside NVZs, the SSAFO regulations require 4 months for new or substantially altered stores

Check your NVZ status

Use the GOV.UK "Check if your land is in a nitrate vulnerable zone" interactive map. NVZs are reviewed and updated every 4 years, so land can be designated or de-designated. If your land has recently been designated, you have a transition period to build required storage capacity.

Link to scheme payments after cross-compliance

Cross-compliance ended in England on 31 December 2023, and it was not replaced by a separate "conditionality" inspection regime. Instead, two things now do the work it did:

• Baseline law: The Farming Rules for Water, NVZ rules, SSAFO storage standards, the Management of Hedgerows (England) Regulations 2024 (2-metre buffer strips from the centre of a hedgerow and a hedge-cutting ban from 1 March to 31 August, enforced by the RPA through civil sanctions), and animal identification law all apply to every farm regardless of any scheme membership
• Scheme agreement terms: If you have a Sustainable Farming Incentive or Countryside Stewardship agreement, its terms require you to comply with the law. Breaching the Farming Rules for Water can therefore lead to recovery of payments or termination of your agreement

The RPA takes an advice-led approach to scheme breaches, but serious or repeated regulatory breaches can result in payment recovery or removal from a scheme, on top of any Environment Agency enforcement.

Enforcement and penalties

The Environment Agency enforces the Farming Rules for Water through targeted farm inspections. The enforcement approach has evolved since the rules were introduced, with increased focus on achieving compliance outcomes.

The advice-led approach

The Environment Agency generally prioritises advice and guidance before formal enforcement. A typical enforcement sequence is:

1. Inspection identifies breach: Inspector notes non-compliance during farm visit
2. Advice given: You are told what changes are needed and by when
3. Follow-up: Re-inspection or request for photographic evidence of changes
4. Further action: If changes not made, escalation to formal enforcement

When immediate enforcement occurs

The advice-led approach is bypassed when:

• Pollution is actively occurring (e.g., slurry reaching a watercourse)
• There is imminent risk of serious pollution
• The breach is intentional or reckless
• Previous advice has been ignored
• The farmer obstructs the inspection

What inspectors check

During a Farming Rules for Water inspection, expect checks of:

• Soil test results (within 5 years on cultivated land)
• Nutrient management plans (evidence of planning before spreading)
• Fertiliser and manure application records
• Slurry store condition and capacity
• Buffer strips adjacent to watercourses
• Livestock access to water
• Feeder locations
• Evidence of erosion or runoff
• Field manure storage locations

Prosecution outcomes

Serious or repeated breaches can result in prosecution. Environmental offences carry unlimited fines, and courts follow the Sentencing Council's environmental offences guideline. Factors that increase penalties include:

• Deliberate or reckless breach
• Significant environmental harm
• Financial gain from the breach
• Previous enforcement history
• Failure to cooperate with investigation

Good practice beyond compliance

The Farming Rules for Water set minimum legal requirements. Good practice often exceeds these standards and can deliver business benefits as well as environmental protection.

Soil health

• Regular soil testing: Test every 3-4 years rather than the minimum 5
• Organic matter monitoring: Track soil organic matter alongside nutrients
• Cover cropping: Maintain living roots year-round where possible
• Reduced tillage: Minimise soil disturbance to protect structure

Nutrient efficiency

• Manure analysis: Laboratory test slurry nutrient content rather than using book values
• Precision application: Variable rate technology matches application to field variability
• Timing optimisation: Split applications to match crop uptake patterns
• Incorporation: Incorporate high RAN manures within 12 hours to reduce ammonia loss

Water protection

• Wider buffer zones: 6-metre buffers provide more protection than 2-metre minimum
• Riparian planting: Trees and shrubs along watercourses filter runoff and stabilise banks
• Watercourse fencing: Exclude all livestock, not just within 5 metres
• Sediment traps: Install in high-risk areas to catch eroded soil before it reaches water

Funding for going further

Many actions that exceed Farming Rules compliance are eligible for environmental scheme payments:

• SFI (when reopens): Payments for soil assessment, cover crops, integrated pest management
• Countryside Stewardship: Buffer strips, riparian management, water management features
• Capital grants: Fencing watercourses, livestock drinking points, slurry storage