Nutrient Management

In the spring of 1993, the Nutrient Management Act became law.  On October 1, 1997, this new law went into effect in Pennsylvania.  Before this legislation came into effect, problems with nutrient pollution were handled primarily under the Clean Streams Law.  The Nutrient Management Act is the first law in Pennsylvania that requires regulatory oversight of nutrients by requiring high-density operations (concentrated animal operations or CAO's) to develop and implement an approved nutrient management plan. 

CAO's are defined as operations where the animal density exceeds two animal equivalent units (AEU’s) per acre on an annualized basis.  An AEU is defined as 1,000 pounds of live weight.  To determine the number of AEU’s on a farm, the following formula is to be used:

Number of animals (i.e. average number on a typical
production day) x animal weight (lb) x number of
production days per year / 365,000 = total AEU’s for each type of animal

The other factor in this calculation is the total number of acres of land suitable for the application of manure.  These acres include cropland, hay land, or pastureland (owned or rented) that (1) is an integral part of the operation and (2) is or will be used for the application of manure from the operation.  Farmstead and forestlands cannot be included.

This does not mean that manure application is restricted only to the acres described above, but they are the acres to be used in the calculations to identify CAO's.  In addition, the animal density criterion does not prohibit development of expansion of agriculture operations that would exceed two AEU’s per acre.  It simply means that these operations will be required to implement a nutrient management plan under the Act. 

For agricultural operations that do not have animal densities that exceed two AEU’s per acre are not considered CAO’s, nutrient management plans are not legally required under this Act.  However, to maintain and improve health, safety, and the environment it is recommended that all animal operations develop and implement nutrient management plans.  Overall, voluntary nutrient management plans are similar to plans developed for CAO’s.  There a few differences such as less stringent requirements for record keeping and simpler planning requirements for dealing with exported manure.  Voluntary nutrient management plans on non-CAO’s can often save the farmer money and improve yields on the operation.  In addition, properly developed and implemented nutrient management plans under the Act can provide protection for the operator form civil penalties and actions. 

Regardless if you are a CAO or non-CAO, the state offers reimbursements for plan development.  There are also grants and loans available to assist farmers with the implementation of the BMP’s (best management practices).

Plan Development Incentives Program (PDIP)

The Plan Development Incentives Program is a cost-share based grant program providing funds to existing agricultural operations to offset the costs of developing a nutrient management plan under the PA Nutrient Management Act of 1993.  Only existing agricultural operations that were producing livestock or poultry before October 1, 1997 are eligible to receive cost-share funding under this program.

An eligible applicant is:

    • An existing agricultural operation that is a Concentrated Animal Operation (CAO) and must develop a nutrient management plan under the act, or
    • An existing agricultural operation that is a volunteer (non-CAO) and is developing a nutrient management plan according to the criteria under the act.


 Agri-Link Program

Agricultural Linked Investment Program - Agri Link is a loan program provided by the State of Pennsylvania to offer farmers assistance with implementing BMP's that are listed in their Act 6 Nutrient Management Plan.

Nutrient Management Plan Implementation Grant Program

This program was developed to provide financial assistance in the form of grants to qualified applicants with approved Act 6 Nutrient Management Plans.  To be eligible for this program the applicant needs to meet the following criteria:

    1. Owner or operator of an agricultural operation existing as of October 1, 1997
    2. Have an approved Nutrient Management Plan meeting Act 6 requirements
    3. Meet the financial conditions set forth by the State Conservation Commission (please contact the Potter County Conservation District for more information on this item)
    4. The BMP that is planned to be installed needs to be included in the approved nutrient management plan


This program offers up to $75,000.00 at 80% cost share per operation.

Resource Enhancement and Protection Program (REAP)

REAP was created in 2007 allowing farmers and businesses to earn tax credits in exchange for "Best Management Practices" (BMP's) on agricultural operations that will enhance farm production and protect natural resources.

The program is administered by the State Conservation Commission (SCC) and the tax credits are granted through the Pennsylvanian Department of Revenue.

Eligible applicants may receive between 25% and 75% of project costs as state tax credits for up to $150,000 per agricultural operation.  The amount of tax credits available to a recipient is dependent on the type of BMP implemented

There is up to $10 million in credits that was issued in the fiscal year of 2007-2008.

Eligibility:

  • Any individual or business who is subject to taxation by the Commonwealth of Pennsylvania under the following taxes is eligible to participate in REAP:  Personal Income Tax, Corporate Net Income Tax, Capital Stock and Franchise Tax, Bank Shares Tax, Title Insurance Company Tax, Insurance Premiums Tax, and Mutual Thrift Institutions Tax.
     

  • Agricultural operations must have a Current Conservation Plan, an Agricultural Erosion and Sedimentation Control Plan (Ag E&S plan), and a Nutrient Management Plan, if one is required.  The cost of developing and implementing these plans may be included as part of an application to qualify for the tax credit.  All required plans must meet standards and criteria as established by the Commission.  See Attachment 3 (page 14) in the Application Packet for more information.
     

  • An agricultural operation with an animal concentration area (ACA) must have implemented the BMP's to control storm water runoff, loss of sediment and nutrients and runoff of other pollutants from the animal concentration area, or the implementation of these BMP's must be included in the application for a tax credit.  Animal concentration areas are defined in Attachment 1 (page 5) of the Application Packet.  Examples of animal concentration areas include barnyards, feedlots, loafing areas, etc.
     

  • An agricultural operation with uncompleted BMP's contained in either an Ag E&S Plan or a Nutrient Management Plan must first include the remaining BMP's required in these plans for a tax credit.

    REAP Application Link:

Contact: For more information on Nutrient Management or additional programs, contact the Potter County Conservation District, (814)274-8411 ext 4.

Nutrient Management Links:
Pennsylvania Nutrient Management
Penn State Nutrient Management
Penn State Agronomy Guide