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15.20.01.00.htm 15.20.01.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 01 Agricultural Drainage Projects Authority: Agriculture Article, §2-103 and 8-603, Annotated Code of Maryland
15.20.01.01.htm 15.20.01.01. 01 Purpose.. These regulations establish the requirements for the design, construction, operation, and maintenance of agricultural drainage projects that are financed or managed by public drainage associations. To the maximum extent practicable, these regulations assure protection of natural resources and prevent water pollution by non-point source pollutants associated with agricultural drainage projects.
15.20.01.02.htm 15.20.01.02. 02 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Agricultural drainage project" (project) means the construction, reconstruction, repair, straightening, widening, or deepening of any ditch, drain, canal, or other watercourse, natural or man-made, financed or managed by a public drainage association to lower the water level in the soil of adjacent lands for agricultural purposes.2) "Association" and "public drainage association"
15.20.01.03.htm 15.20.01.03. 03 General Requirements.. A. Required Plans.. 1) For any project constructed or reconstructed before the effective date of this chapter, the following apply:a) All associations which operate and maintain a project shall submit to the Secretary for approval:. i) Within 1 year of the effective date of this chapter, an inspection report for the project detailing the conditions of the association's drainage system, andii) Within 5 years of the effective date of this c
15.20.01.04.htm 15.20.01.04. 04 Agricultural Drainage Project Plans.. A. Construction or Reconstruction Plan Requirements. Before constructing or reconstructing a project, an association shall comply with the following:1) Submit four copies of the construction or reconstruction plan to the Secretary for approval.. 2) The construction or reconstruction plan shall include:. a) A transmittal letter to the Secretary, including:. i) The name of the association;.
15.20.01.05.htm 15.20.01.05. 05 Construction or Reconstruction Design Criteria.. The design of a project shall conform to the following criteria:. A. Channel Design.. 1) An outlet shall be designated for each channel to permit the discharge of water by gravity flow or pumping.2) All channels shall be sloped and aligned to produce stable channels.. 3) Water Control Structures.. a) The channel design shall include necessary water control structures for the efficient functioning of the channels. These s
15.20.01.06.htm 15.20.01.06. 06 Construction and Maintenance Criteria.. A. In-stream Excavation. Except with the written permission of the Secretary of the Department of Natural Resources, in-stream excavation or clearing is prohibited between the following dates:1) October 1 through April 30 in natural trout waters;. 2) March 1 through May 31 in recreational trout waters; and. 3) March 15 through June 15 in anadromous fish spawning waters.. B. Clearing and Snagging..
15.20.01.07.htm 15.20.01.07. 07 Operation and Maintenance Program Criteria.. The operation and maintenance program for a project shall conform to the following:. A. General Maintenance. General maintenance to a channel, maintenance areas, and right-of-ways includes the:1) Removal of obstructions, debris, and sediment;. 2) Control of woody growth;. 3) Cleaning out of permanent sediment traps;. 4) Installation of necessary sediment traps;. 5) Installation of necessary water control structu
15.20.01.08.htm 15.20.01.08. 08 Agency Approval of a Plan.. A. In this regulation, "plan" means a construction or reconstruction plan, or operation and maintenance plan, or both, as appropriate.B. Plan Submission.. 1) Within 14 days of receiving a project plan, the Secretary of Agriculture shall forward a copy to the Secretaries of Natural Resources and the Environment.2) The Departments of Natural Resources and the Environment shall have 60 calendar days from receipt to review a plan and res
15.20.01.09.htm 15.20.01.09. 09 Inspection and Enforcement.. A. Channel Inspection by the Association.. 1) The association managers or designee shall inspect the project within 2 weeks following any storm which results in water flow exceeding channel capacity.2) An association shall send a written inspection report to the Secretary not later than 90 days following the storm event. The report shall:a) Detail the damage to the channels, vegetation, and water control structures; and. b) Describe needed repair
15.20.01.9999.htm 15.20.01.9999. Administrative History Effective date: August 1, 1986 (13:14 Md. R. 1635). Regulation .02B amended effective August 2, 2004 (31:15 Md. R. 1186). Regulation .05F amended effective August 2, 2004 (31:15 Md. R. 1186). Regulation .08B, C amended effective August 2, 2004 (31:15 Md. R. 1186). Regulation .09B, C amended effective August 2, 2004 (31:15 Md. R. 1186).
15.20.02.00.htm 15.20.02.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 02 Maryland Conservation Reserve Program Repealed Administrative History Effective date:Regulations .01―09 adopted as an emergency provision effective July 15, 1988 (15:16 Md. R. 1911) adopted permanently effective November 14, 1988 (15:23 Md. R. 2660)Chapter repealed effective August 2, 2004 (31:15 Md. R. 1186).
15.20.03.00.htm 15.20.03.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 03 Deferral of Mitigation of Nontidal Wetlands on Agricultural Land Authority: Natural Resources Article, §8-1205, Annotated Code of Maryland
15.20.03.01.htm 15.20.03.01. 01 General.. This chapter describes how farm owners or operators may petition the Department of Agriculture for written permission to defer mitigation for nontidal wetlands for agricultural activities under the Nontidal Wetlands Protection Act, Natural Resources Article, Title 8, Subtitle 12, Annotated Code of Maryland.
15.20.03.02.htm 15.20.03.02. 02 Petition to Defer Mitigation.. Subject to the requirements of this chapter, a farm owner or operator may petition the Department for written permission to defer an applicable nontidal wetland mitigation component of a soil conservation and water quality plan on the grounds that mitigation will create an economic hardship that would jeopardize the continued operation of the farm.
15.20.03.03.htm 15.20.03.03. 03 Petition Content.. A farm owner or operator who petitions the Department as provided under Regulation .02 of this chapter shall use a departmental form that contains:A. The name and address of the farm owner or operator;. B. The farm's location;. C. The farm's total acreage;. D. A description of the farm's operation;. E. The number of nontidal wetland acres requiring mitigation;. F. A copy of proposed mitigation alternatives;. G. The estimated cost or costs of the mitigation p
15.20.03.04.htm 15.20.03.04. 04 Grounds for Deferral.. The Department shall decide whether an applicant is entitled to a deferral of mitigation of nontidal wetlands by doing the following:A. Evaluating the applicant's petition and determine the applicant's net worth;. B. Comparing the applicant's net worth with the cost of any proposed mitigation alternatives on the farm; andC. Determining whether a deferral is justified on the grounds that any required mitigation of nontidal wetlands will create a
15.20.03.05.htm 15.20.03.05. 05 Department Deferral.. A. If the Department makes a written determination that mitigation will create an economic hardship that would jeopardize the continued operation of a farm, mitigation may be deferred until one or more of the following occur:1) The economic hardship no longer exists;. 2) The current owner or operator transfers the farm to a new owner or operator, but if this occurs, the current owner or operator shall remain responsible for any mitigation; or
15.20.03.06.htm 15.20.03.06. 06 End of Deferral.. A. At the time the Department determines the end of the economic hardship as provided in this chapter, an owner or operator shall implement the mitigation component of the Soil Conservation and Water Quality Plan within 3 years of the loss of the nontidal wetlands, or within 1 year of the end of the economic hardship, whichever is greater.B. Within 90 days of the end of the Department's determination of economic hardship, an owner or operator shall file the requ
15.20.03.07.htm 15.20.03.07. 07 Department Report.. A. The Department shall submit an annual mitigation report to the Department of Natural Resources at the end of each fiscal year.B. The report in §A of this regulation shall provide the following information on the status of the Department's approval of economic hardship mitigation deferrals for each farm:1) Whether the economic hardship still exists;. 2) Whether the owner or operator granted the deferral is the current owner or operator; and.
15.20.03.08.htm 15.20.03.08. 08 Public Information.. The Department shall deny public access to records if access is denied under the Maryland Public Information Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.
15.20.03.09.htm 15.20.03.09. 09 Revoking Approval.. After an opportunity for a hearing, the Department may refuse to issue or revoke its approval granted to any person under this chapter for:A. Any false or incomplete statements made by any person to the Department for the Department's approval; orB. A violation of any of the provisions of this chapter..
15.20.03.9999.htm 15.20.03.9999. Administrative History Effective date: September 30, 1991 (18:19 Md. R. 2102).
15.20.04.00.htm 15.20.04.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 04 Nutrient Management Certification and Licensing Authority: Agriculture Article, §8-801―8-806, Annotated Code of Maryland
15.20.04.01.htm 15.20.04.01. 01 Scope.. A. These regulations describe the Department's certification and licensing program for individuals or businesses that prepare and offer farm nutrient management plans.B. When a nutrient management plan is prepared for a farm it indicates how essential primary nutrients, that is, nitrogen, phosphorus, and potassium, are to be annually managed on farm fields for crop production and for the protection of water quality. Plans contain recommendations to farmers based
15.20.04.02.htm 15.20.04.02. 02 Definitions.. A. In this chapter, the following terms have the meaning indicated.. B. Terms Defined.. 1) "Certified farm operator" means an individual certified by the Department under this subtitle to prepare a nutrient management plan solely for agricultural land that the individual:a) Owns;. b) Operates, or. c) Has a legal interest in.. 2) "Certified nutrient management consultant" or "consultant" means an individual certified by the Department under this subt
15.20.04.03.htm 15.20.04.03. 03 Certification and License Requirement.. A. Unless certified by the Department, an individual may not act as a certified nutrient management consultant or a certified farm operator as provided by this chapter.B. Unless licensed by the Department, a person may not engage in the business of providing a certified nutrient management plan as provided by this chapter.
15.20.04.04.htm 15.20.04.04. 04 Certification Application and Examination Requirement.. A. To apply for the examination to be certified as a nutrient management consultant, an applicant shall file the following with the Department at least 15 days before any announced examination:1) An application on the form the Department requires;. 2) Proof of meeting one of the following:. a) A school-authenticated college degree in an agriculturally related area, and 1 year of practical experience acceptable to
15.20.04.05.htm 15.20.04.05. 05 Examination.. A. Nutrient Management Consultants.. 1) The Department shall offer a certification examination for nutrient management consultants at least once a year. The Department shall give 30 days public notice of the time and place for each examination.2) The Department may provide required training or a list of study materials before any examination is given.3) The Department shall allow a candidate who fails a certification examination to take another exam
15.20.04.06.htm 15.20.04.06. 06 Certification.. A. The Department shall certify any individual as a nutrient management consultant or certified farm operator who:1) Meets the requirements of this chapter;. 2) Meets the Department's educational and experience requirements;. 3) Meets the Department's training requirements; and. 4) Passes a Department-approved examination.. B. The Department may issue a supplemental certification to an individual who prepares a nutrient management plan for an agri
15.20.04.07.htm 15.20.04.07. 07 Employment Requirement.. An individual who is certified by the Department shall be licensed or employed by a person licensed under this chapter if engaged in the business of providing nutrient management plans. Individuals who are certified may develop a nutrient management plan for the purposes of complying with Regulation .09 of this chapter for land they own or operate without obtaining a license.
15.20.04.08.htm 15.20.04.08. 08 Certification Renewal.. A. A certificate is issued for 1 year and may be renewed for a 3-year term by:. 1) Submitting a renewal application on the form the Department requires;. 2) Except for a government agency or a farmer or operator doing a plan for land they manage, paying a renewal fee to the Department;3) Providing proof of satisfactory completion of continuing education, workshops, or other training programs approved by the Department that includes:
15.20.04.09.htm 15.20.04.09. 09 License Application.. An applicant for a license to engage in the business of providing a nutrient management plan as provided by this chapter shall do the following:A. Submit to the Department an application on the form the Department requires;. B. Pay, except for a government agency, the applicable fee;. C. Have at least one individual who is a certified nutrient management consultant as provided by this chapter working under the license; and
15.20.04.10.htm 15.20.04.10. 10 License Renewal.. A license is issued for 1 year and expires unless the applicant renews the license for a 3-year term and qualifies by:A. Submitting a renewal application on a form the Department requires;. B. Except for a government agency, paying a renewal fee to the Department;. C. Having a minimum of one individual who is a certified nutrient management consultant as provided by this chapter working under the license; andD. Complying with the requirements of this chapter..
15.20.04.11.htm 15.20.04.11. 11 Record-Keeping and Reporting Requirements.. A. License Holder Record-Keeping and Reporting Requirements. A person who holds a license under this chapter shall keep records, and file with the Department by September 30 of each year an annual activity report covering the previous year (July 1 through June 30) that contains the following information:1) Name and number of the license holder;. 2) Name of the certified nutrient management consultant or consultants empl
15.20.04.12.htm 15.20.04.12. 12 Denial, Suspension, or Revocation of Certificate or License.. After the opportunity for a hearing, the Department may deny, suspend, or revoke the certification or license of any person who violates any of the regulatory requirements of this chapter, including:A. Providing misleading, false, or fraudulent information in applying for a certificate or license;. B. Providing the Department with any misleading, false, or fraudulent report;. C. Offering or preparing
15.20.04.13.htm 15.20.04.13. 13 Reinstatement of Certificate or License after Disciplinary Action.. Upon application for a certificate, any person whose certificate is denied, suspended, or revoked may be required to retake the certification examination.
15.20.04.9999.htm 15.20.04.9999. Administrative History Effective date:. Regulations .01―15 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1981) emergency status extended at 20:3 Md. R. 255; adopted permanently effective March 15, 1993 (20:5 Md. R. 515)Regulation .05A amended effective January 27, 1997 (24:2 Md. R. 116) ―. Chapter revised effective May 29, 2000 (27:10 Md. R. 967). Regulation .02B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144) amen
15.20.05.00.htm 15.20.05.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 05 Manure Transportation Project Authority: Agriculture Article, §8-704.2, Annotated Code of Maryland
15.20.05.01.htm 15.20.05.01. 01 Scope.. A. This chapter describes the Department's voluntary Manure Transportation Project required by the Maryland Water Quality Improvement Act of 1998. The project is intended to facilitate the transport of poultry litter and livestock manure from farms in all areas of the State that are subject to phosphorus overenrichment.B. This project is intended to encourage voluntary participation to remove or redirect at least 20 percent of the poultry litter produced in Dorcheste
15.20.05.02.htm 15.20.05.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Alternative uses” means when a person uses litter or other animal manure in environmentally acceptable ways, as determined by the Department, other than by direct land application in an unprocessed form.2) "Commercial poultry producer" means an entity that contracts with a farmer to raise poultry for the producer on property owned or leased by the farmer.
15.20.05.03.htm 15.20.05.03. 03 Cost-Share Program ― Eligibility.. A. A person engaged in an agricultural operation is eligible to participate in the project if the operation produces poultry or livestock manure and as determined by the Department has:1) An amount of cropland that is insufficient to use all manure produced on the farm for crop production, based on the nutrient content in the manure and soil fertility levels as determined in a nutrient management plan prepared for the farm; or
15.20.05.04.htm 15.20.05.04. 04 Cost-Share Rate.. A. Expenses eligible for State cost-share for an applicant shall be established by the Department based on the following:1) Either mileage or distance, or both, of manure transported;. 2) Amount of manure transported;. 3) Mode of transportation;. 4) Cost of analyzing manure before transporting;. 5) Cost of loading manure on transportation equipment;. 6) Cost of hauling manure from a producing or storage area to a receiving area; and. 7) Amount of matching cos
15.20.05.05.htm 15.20.05.05. 05 Cost-Share Program―Commercial Poultry Producer Participation.. A. The Department shall enter into a written agreement with each commercial poultry producer participating in the project. The written agreement shall set forth, at a minimum, the following:1) The responsibilities of the participating commercial poultry producer;. 2) The responsibilities of the Department;. 3) The amount of financial support for payment of eligible costs that the participating commercial p
15.20.05.06.htm 15.20.05.06. 06 Cost-Share Program ― Manure Broker Participation.. A. A manure broker participating in the project shall:. 1) Obtain manure only from an eligible producer; and. 2) Except as provided under §B of this regulation, directly transport the manure only to an eligible receiver.B. A manure broker has the option of stockpiling or storing manure if the broker:. 1) Stockpiles or stores manure in a manner, approved by the Department, that protects the manure from rainfall, runoff, or le
15.20.05.07.htm 15.20.05.07. 07 Cost Share Program ― Alternative Use.. A. A person using an alternative use in a project shall:. 1) Use Departmental forms to apply and enter into an agreement with the Department;. 2) Obtain manure only from an eligible producer;. 3) Use poultry litter or manure in an environmentally acceptable way, as determined by the Department, other than by direct land application in an unprocessed form;4) Provide proof to the Department of compliance and evidence that all appl
15.20.05.08.htm 15.20.05.08. 08 Bond or Security.. A. The broker or alternative use participant shall file with the Department a bond, or other security, on a form satisfactory to the Department. The bond shall be payable to the Department, and the obligation of the bond shall be conditioned upon fulfilling the cost-share agreement and manure stockpiling and storage requirements provided in this chapter.B. The Department may waive the bonding and security requirements for a participant if the participant:
15.20.05.09.htm 15.20.05.09. 09 Project ― Annual Reporting.. On or before July 1 of each year, the Department shall submit to the General Assembly a report detailing the:A. Participation levels in the project;. B. Total amount of manure transported to and from each county in the State; and. C. Amount of funds distributed by the State and each participating commercial poultry producer for the preceding year.
15.20.05.10.htm 15.20.05.10. 10 Compliance Provisions.. If a person fails to comply with the requirements of this chapter, or any agreement established under this chapter, the Department may:A. Exclude that person from future participation in the project; and. B. Hold the person liable for the full amount of funds paid..
15.20.05.9999.htm 15.20.05.9999. Administrative History Effective date:. Regulations .01―07 adopted as an emergency provision effective January 7, 1999 (26:3 Md. R. 174) adopted permanently effective April 5, 1999 (26:7 Md. R. 546)Chapter revised as an emergency provision effective July 17, 2000 (27:16 Md. R. 1520) revised permanently effective October 30, 2000 (27:21 Md. R. 1977)Chapter revised as an emergency provision effective December 1, 2000 (27:26 Md. R. 2356) revised permanently effective March
15.20.06.00.htm 15.20.06.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 06 Nutrient and Commercial Fertilizer Application Requirements for Agricultural Land Authority: Agriculture Article, §8-801―8-806, Annotated Code of Maryland
15.20.06.01.htm 15.20.06.01. 01 Scope.. This chapter requires a person who applies nutrients to more than 10 acres of agricultural land, which that person owns or manages, to:A. Have an applicator voucher from the Department;. B. Be a certified farm operator;. C. Be a certified nutrient management consultant; or. D. Hire a certified nutrient management consultant..
15.20.06.02.htm 15.20.06.02. 02 Definitions.. A. In this chapter, the following terms have the meaning indicated.. B. Terms Defined.. 1) Agricultural Land.. a) "Agricultural land" means more than 10 acres of land used to produce food, feed, fiber, sod, animals, plants, trees, or plants in containers, or for out-of-ground production.b) "Agricultural land" includes smaller, noncontiguous land parcels that total more than 10 acres.. 2) "Applicator" means a person who applies any type of nutrient, as defined
15.20.06.03.htm 15.20.06.03. 03 Application of Nutrients to Agricultural Land.. A. A person who owns or operates agricultural land may not apply any nutrient to more than 10 acres of that land, unless that person:1) Holds an applicator voucher from the Department verifying the completion of the Department's educational requirements;2) Is a certified farm operator; or. 3) Is a certified nutrient management consultant.. B. A person who satisfactorily completes an approved educational program sh
15.20.06.04.htm 15.20.06.04. 04 For-Hire Application of Nutrients to Agricultural Land.. A person who for-hire applies nutrients to agricultural land shall:. A. Be a certified nutrient management consultant or work under the supervision of a consultant;. B. Make available, upon request of the landowner or operator, documentation in the form of a certificate, work order, or other similar document, that the applicator is:1) A certified nutrient management consultant, or.
15.20.06.05.htm 15.20.06.05. 05 Record-Keeping and Reporting Requirements.. A person who for-hire applies nutrients to agricultural land shall:. A. Keep records when applying nutrients, to document that the applicator is:. 1) Certified by the Department as a nutrient management consultant;. 2) Certified as a nutrient management consultant by an entity with a reciprocal certification program with the Department; or3) Supervised by a person complying with requirements in §A(1)a) or (b) of this regulation..
15.20.06.06.htm 15.20.06.06. 06 Denial, Suspension, or Revocation of Certificate or Voucher.. A. The Department may deny, suspend, or revoke the certification or applicator voucher of a person who violates any requirement of this chapter, including:1) Providing misleading, false, or fraudulent information;. 2) Failing to meet the educational or continuing education requirements of this chapter; or. 3) Failing to apply, or to supervise the application of, nutrients as required by this chapter..
15.20.06.9999.htm 15.20.06.9999. Administrative History Effective date: May 29, 2000 (27:10 Md. R. 967). Regulation .01 amended effective October 28, 2013 (40:21 Md. R. 1780). Regulation .01A amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144) amended permanently effective April 11, 2005 (32:7 Md. R. 684)Regulation .01B amended effective April 16, 2001 (28:7 Md. R. 692). Regulation .02B amended effective April 16, 2001 (28:7 Md. R. 692) October 28, 2013 (40:21 Md. R. 1780)
15.20.07.00.htm 15.20.07.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 07 Agricultural Operation Nutrient Management Plan Requirements Authority: Agriculture Article, §8-801―8-806, Annotated Code of Maryland
15.20.07.01.htm 15.20.07.01. 01 Scope.. This chapter applies to a farm or agricultural operator and requires the operator to develop and implement nitrogen-based and phosphorus-based nutrient management plans for a farm or agricultural operation by certain deadlines.
15.20.07.02.htm 15.20.07.02. 02 Incorporation by Reference.. The performance and technical standards provided in this subtitle are found in the Department of Agriculture's Maryland Nutrient Management Manual (November 1999) Supplement No. 1 (September 2000) Supplement No. 2 (November 2001) Supplement No. 3 (September 2004) Supplement No. 4 (November 2005) Supplement No. 5 (November 2006) Supplement No. 6 (May 2009) Supplement No. 7 (May 2012) and Supplement No. 8 (August 2016) which are incorporated by ref
15.20.07.03.htm 15.20.07.03. 03 Definitions.. A. In this chapter, the following terms have the meaning indicated.. B. Terms Defined.. 1) "Agricultural operation" means a business or activity that:. a) Tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-ground, out-of-ground, container, or other culture; andb) Has a gross annual income of $2,500 or more, or has eight or more animal units..
15.20.07.04.htm 15.20.07.04. 04 Nutrient Management Plan―Plan Development and Implementation Deadlines.. A. An operator shall develop and implement a nutrient management plan for the operator's agricultural operation, according to the following deadlines:1) An operator who uses chemical fertilizer in an agricultural operation shall:. a) Develop a nutrient management plan addressing both nitrogen and phosphorus as the limiting nutrients on that agricultural operation by December 31, 2001, and
15.20.07.05.htm 15.20.07.05. 05 Nutrient Management Plan Implementation Requirements.. A. An operator who uses chemical fertilizer, animal manure, or biosolids, as provided in Regulation .04A of this chapter, shall have a nutrient management plan that shall:1) Be prepared by a certified nutrient management consultant or by the farm operator, if certified in accordance with this subtitle;2) Be prepared according to the schedule set forth in Regulation .04A or B of this chapter by using the limiting nutrient det
15.20.07.06.htm 15.20.07.06. 06 Record-Keeping and Reporting Requirements.. A. Operator Reporting Requirements―Plan Development.. 1) An operator shall submit to the Department a summary of the nutrient management plan for the agricultural operation in a form that the Department requires when it is first developed to meet requirements of this chapter, according to the deadlines provided by Regulation .04A and B of this chapter.2) A nutrient management plan submitted to the Department by an operator fo
15.20.07.07.htm 15.20.07.07. 07 Assessment of Penalty.. A. An operator who violates any deadline for having a nutrient management plan, as provided in Regulation .04A of this chapter, is subject to a written warning for a first violation. If an operator fails to comply with the plan development requirements, as provided in Regulation .04A of this chapter, after a reasonable period of time following notice of a violation, an operator is subject to an administrative penalty of not more than $250 for a s
15.20.07.9999.htm 15.20.07.9999. Administrative History Effective date: May 29, 2000 (27:10 Md. R. 967). Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692) August 5, 2002 (29:15 Md. R. 1143). Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144) amended permanently effective April 11, 2005 (32:7 Md. R. 684)Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281) March 26, 2007 (34:6 Md. R. 628) November 16, 2009 (36:23 Md. R. 1818) October 15,
15.20.08.00.htm 15.20.08.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 08 Content and Criteria for a Nutrient Management Plan Developed for an Agricultural Operation Authority: Agriculture Article, §8-801―8-806, Annotated Code of Maryland
15.20.08.01.htm 15.20.08.01. 01 Scope.. A. This chapter describes the:. 1) Content requirements for a nutrient management plan;. 2) Requirements for plan recommendations by a certified nutrient management consultant or certified farm operator; and3) Requirements for the implementation of a nutrient management plan by a person who manages an agricultural operation.B. A nutrient management plan prepared for an agricultural operation indicates how primary nutrients are to be managed annually on farm fields for pla
15.20.08.02.htm 15.20.08.02. 02 Incorporation by Reference.. The performance and technical standards provided in this subtitle are found in the Department of Agriculture's Maryland Nutrient Management Manual, which is incorporated by reference in COMAR 15.20.07.02.
15.20.08.03.htm 15.20.08.03. 03 Definitions.. A. In this chapter, the following terms have the meaning indicated.. B. Terms Defined.. 1) "Account identification number" means the unique identifier used by the Maryland Department of Assessments and Taxation to identify a unit of land.2) "Agricultural operation" means a business or activity that:. a) Tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-gr
15.20.08.04.htm 15.20.08.04. 04 Nutrient Management―Required Plan Content.. A. A certified nutrient management consultant or certified farm operator shall prepare, and an operator shall have and implement, a nutrient management plan that conforms to the requirements in §B―G of this regulation.B. Plan Identification. A plan shall contain:. 1) The operator name and address;. 2) The account identification number or numbers for all tax maps and parcels contained in the plan;.
15.20.08.05.htm 15.20.08.05. 05 Nutrient Management ― Required Plan Recommendations.. A. A certified nutrient management consultant or certified farm operator shall address all of the elements and use the criteria described in §B―I of this regulation to determine recommendations in a nutrient management plan. A consultant's or certified farm operator's recommendations shall be consistent with the Department technical standards and criteria as provided in the Maryland Nutrient Management Manual, Sections I,
15.20.08.06.htm 15.20.08.06. 06 Nutrient Management ― Phosphorus Site Index.. A. Except as provided in §F of this regulation, if the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Site Index, as provided in the Maryland Nutrient Management Manual, Section II-C1, shall be used to determine the potential risk of phosphorus loss due to site characteristics.B. Low Risk of Potential Phosphorus Loss. If the risk for potential loss of phosphorus from the site
15.20.08.07.htm 15.20.08.07. 07 Nutrient Management ― Phosphorus Transition Management Phase I.. A. Except as provided in §E of this regulation, if the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2, shall be used to determine the potential risk of phosphorus loss due to site characteristics.B. Low Risk of Potential Phosphorus Loss.. 1) If the risk for potent
15.20.08.08.htm 15.20.08.08. 08 Nutrient Management ― Phosphorus Transition Management Phase II.. A. Except as provided in §E of this regulation, if the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2, shall be used to determine the potential risk of phosphorus loss due to site characteristics.B. Low Risk of Potential Phosphorus Loss. If the risk for potential loss of
15.20.08.09.htm 15.20.08.09. 09 Nutrient Management ― Phosphorus Management Tool.. A. If the soil sample analysis results show a phosphorus fertility index value of 150 or greater, the Phosphorus Management Tool, as provided in the Maryland Nutrient Management Manual, Section II-C2, shall be used to determine the potential risk of phosphorus loss due to site characteristics.B. Low Risk of Potential Phosphorus Loss. If the risk for potential loss of phosphorus from the site is low according to the
15.20.08.10.htm 15.20.08.10. 10 Summary Schedule ― Transition from Phosphorus Site Index to Phosphorus Management Tool.. 7-YEAR TRANSITION SCHEDULE*. Crop Year*. 2016. 2017. 2018. 2019. 2020. 2021. 2022. Average P FIV>450 (Tier C Operations. PSI. TM1. TM2. PMT. Average P FIV 300-450 (Tier B Operations. Average P FIV 150-299 (Tier A Operations. PSI ― Phosphorus Site Index. TM1 ― Transition Management Phase 1. TM2 ― Transition Management Phase 2. PMT ― Phosphorus Management Tool. The 7-Year transition per
15.20.08.11.htm 15.20.08.11. 11 Phosphorus Management Tool Transition Advisory Committee.. A. Beginning in 2015 and continuing until the Phosphorus Management Tool is fully implemented, there shall be established within the Department, the Phosphorus Management Tool Transition Advisory Committee.B. The Committee shall be chaired by the Secretary. Its membership may include the following persons:1) A member of the Senate, appointed by the President;.
15.20.08.12.htm 15.20.08.12. 12 Nutrient Management for Container or Out-of-Ground Agricultural Production ― Additional Required Plan Content.A. A certified nutrient management consultant or certified farm operator shall prepare, and an operator of container or out-of-ground agricultural production shall conform to the requirements of §B―H of this regulation, in addition to applicable requirements described in this chapter, when developing and implementing, a nutrient management plan.B. Plan Elements. A plan
15.20.08.13.htm 15.20.08.13. 13 Nutrient Management―Required Plan Recommendations for Container or Out-of-Ground Production.. A. Nutrient Recommendations. A certified nutrient management consultant or certified farm operator shall evaluate production cycles and methods and make nutrient recommendations based on at least one of the following:1) The label recommendations on fertilizer products for the plants being grown or similar plants;. 2) The recommendations of the University of Maryla
15.20.08.9999.htm 15.20.08.9999. Administrative History Effective date: May 29, 2000 (27:10 Md. R. 967). Regulation .02 amended effective August 5, 2002 (29:15 Md. R. 1143). Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692). Regulation .04E amended effective April 16, 2001 (28:7 Md. R. 692). Regulation .05 amended effective April 16, 2001 (28:7 Md. R. 692). Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692) ―. Chapter revised as an emergency provision effectiv
15.20.09.00.htm 15.20.09.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 20 SOIL AND WATER CONSERVATION Chapter 09 State Income Tax Credit for Additional Commercial Fertilizer Costs Authority: Tax-General Article, §10-704.9, Annotated Code of Maryland
15.20.09.01.htm 15.20.09.01. 01 Purpose.. This chapter establishes the eligibility requirements for a person operating an agricultural operation to claim a State income tax credit for additional commercial fertilizer costs due to the agricultural operation's conversion to a phosphorus based nutrient management plan.
15.20.09.02.htm 15.20.09.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Agricultural operation" means a business or activity that:. a) Tills, crops, keeps, pastures, or produces an agricultural product, including livestock, poultry, plants, trees, sod, food, feed, or fiber by in-ground, out-of-ground, container, or other culture;b) Has a gross annual income of $2,500 or more, or has eight or more animal units; and. c) Includes all land owne
15.20.09.03.htm 15.20.09.03. 03 Eligibility.. A. A person operating an agricultural operation that incurs additional commercial fertilizer costs due to conversion of nutrient use to meet the requirements of a phosphorus based nutrient management plan is eligible for a State income tax credit under this chapter, if:1) A nutrient management plan meeting the requirements of COMAR 15.20.08 has been submitted to the Department;2) The conversion of nutrient use is for the purpose of complying with the
15.20.09.04.htm 15.20.09.04. 04 Credit Allowances.. A. Allowable Credit. A person operating an agricultural operation who sustains additional, but necessary, commercial fertilizer costs converting to a phosphorus based nutrient management plan, may claim a State income tax credit in an amount equal to 50 percent of these additional costs.B. Amount Allowed Per Taxable Year.. 1) For any taxable year, the maximum credit a person may claim is $4,500.. 2) If the credit exceeds the person's liability fo
15.20.09.05.htm 15.20.09.05. 05 Requirements for Tax Credit Certification.. To claim a tax credit, a person operating an agricultural operation shall file a Certificate of Additional Fertilizer Expense for Income Tax Deduction. To obtain this certificate, a person shall submit the following to the Department:A. A signed Departmental form requesting a Certificate of Additional Fertilizer Expense for Income Tax Deduction;B. The nutrient recommendation summary page of the nutrient management plan;.
15.20.09.9999.htm 15.20.09.9999. Administrative History Effective date: September 2, 2002 (29:17 Md. R. 1382).
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