Calendar (planned, date-driven)

Farm water pollution consultation: new cattle permits, simpler rules, and doubled inspections

Defra is consulting on major changes to how farming water pollution is regulated in England. Proposals include environmental permits for intensive cattle units, simplified Farming Rules for Water, tighter controls on sewage sludge spreading, and doubling the Environment Agency's farm inspection capacity to 6,000 per year. The consultation closes 24 March 2026.

Change event: Farm water pollution: new rules and cattle environmental permits consultation 2026 Effective 24 March 2026

Related guidance

Topics

Premises & Operations Sector-Specific

What is being proposed

Defra has launched a consultation on significant changes to how farming water pollution is regulated in England. Agricultural pollution currently affects 41% of England's rivers, lakes, and streams. The proposals aim to close regulatory gaps — particularly around cattle farming, which has recorded poor compliance rates during Environment Agency inspections compared to over 90% compliance from already-permitted pig and poultry units.

The consultation closes on 24 March 2026. Implementation dates for any new rules will depend on the consultation outcome.

Consultation closes
24 March 2026
Rivers affected by agricultural pollution
41% of England's rivers, lakes, and streams
Farm inspections target
At least 6,000 advice-led inspections per year by 2029 (doubled capacity)
Current cattle compliance
Poor (compared to 90%+ for permitted pig and poultry units)
Existing legislation affected
Farming Rules for Water (SI 2018/151), Environmental Permitting Regulations

Environmental permits for intensive cattle units

The most significant proposal is extending the environmental permitting regime to intensive cattle units. Large pig farms (over 2,000 places for production pigs) and large poultry farms (over 40,000 places) already require environmental permits under the Environmental Permitting (England and Wales) Regulations 2016. Cattle farming is currently exempt regardless of scale.

The consultation proposes bringing intensive cattle operations within the permitting regime, aligning them with existing requirements for pig and poultry farms. Permitted operations must meet Best Available Techniques (BAT) standards for emissions, manure management, and pollution prevention.

A separate consultation on permit fee schedules for cattle units is expected later in 2026.

Simplified Farming Rules for Water

Defra proposes simplifying the existing Farming Rules for Water (SI 2018/151) by removing duplicative requirements. The current 8 rules cover fertiliser planning, soil testing, buffer zones near water, prohibited spreading conditions, manure storage, livestock management near watercourses, soil erosion prevention, and livestock feeders near water.

The aim is to make the rules clearer and easier to follow while maintaining environmental protection. Specific proposals for which rules change are detailed in the consultation document.

Sewage sludge controls

The consultation proposes tighter controls on spreading sewage sludge (biosolids) on farmland. Currently, sewage sludge spreading is governed by the Sludge (Use in Agriculture) Regulations 1989 and voluntary industry standards. Defra is considering bringing it within the Environmental Permitting Regulations, which would give the Environment Agency stronger enforcement powers and require farmers accepting sludge to meet specific conditions.

Doubled inspection capacity

The Environment Agency will double its farm inspection capacity, targeting at least 6,000 advice-led inspections per year by 2029. The current approach prioritises advice over prosecution for first-time issues, but repeat offenders and serious pollution incidents face enforcement action including prosecution and civil sanctions.

With doubled capacity, more farms will be visited. Ensuring your records, storage facilities, and spreading practices are compliant before an inspection is essential.

Existing rules still apply

These proposals are at consultation stage — new rules are not yet in force. However, existing Farming Rules for Water, NVZ regulations, SSAFO storage standards, and environmental permit requirements for pig and poultry units continue to apply and are actively enforced. The Environment Agency can prosecute for water pollution offences under the Environmental Permitting Regulations with unlimited fines.

England only

This consultation applies to England only. Scotland's farming pollution rules are set by SEPA under the Controlled Activities Regulations. Wales has its own agricultural pollution regulations (the Agriculture (Wales) Act 2023). Northern Ireland regulations are enforced by DAERA. If you farm in a devolved nation, check with your national environmental regulator.

What you should do before 24 March 2026

Whether or not you respond to the consultation, use this as an opportunity to review your compliance:

  • Respond to the consultation by 24 March 2026 if the proposals would affect your operation — particularly if you run an intensive cattle unit
  • Check your Farming Rules for Water compliance — review your nutrient management plan, buffer zones, and spreading records
  • Review slurry and silage storage — ensure SSAFO compliance, particularly storage capacity and condition of infrastructure
  • If you farm in an NVZ, confirm your nitrogen application records and closed period compliance are up to date
  • Prepare for inspections — with doubled EA capacity, ensure your records are complete and accessible
  • Cattle farmers: begin reviewing what environmental permitting would require for your operation, even though the rules are not yet finalised

Related updates