Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 565 - Nutrient Management Rules
Section 001-565-5 - Winter Manure Spreading Ban
Universal Citation: 01 ME Code Rules ยง 001-565-5
Current through 2024-38, September 18, 2024
In accordance with 7 M.R.S. §4207, a person may not spread manure on agricultural fields from December 1 of a calendar year through March 15 of the following calendar year.
1. Variance. The Commissioner may grant a variance on the Winter Manure Spreading Ban.
A.
Variance
Request Criteria. A person requesting a variance shall submit a written
request to the Commissioner that includes:
(1)
The operation location;
(2) The
reason(s); and
(3) Any relevant
information supporting the request.
B.
Emergency. An emergency
request maybe made verbally to the Commissioner (or designee), followed by a
written request application to the Commissioner within 10 days of the verbal
request.
C. Farms or farming
operations that do not have a current, certified NMP, and which are granted a
variance, shall conduct spreading operations in conformance with current BMPs
as determined by the Department. Farms or farming operations that are granted a
variance under this paragraph for two or more consecutive calendar years shall
develop and implement an NMP, consistent with §
6 of these Rules, within eight
consecutive months of the second approved variance date.
D.
Decision. Upon receipt of a
variance request, the Commissioner shall make a decision3 and shall
notify the person requesting the variance in writing, within 7 days. In time
sensitive situations, the Commissioner (or designee) may verbally inform the
person making the request of the decision, followed by a decision in writing as
indicated.
E.
Variance
Denial. When the Commissioner denies a variance, the applicant must
receive notice that includes:
(1) The name
and address of the person whose request for a variance has been
denied;
(2) A statement or list of
reason(s) why the variance is denied; and
(3) A reminder of the Winter Spreading Manure
Ban effective dates.
F.
Variance Duration. All variances issued by the Commissioner for a
specific calendar year shall be valid for the dates specified by the
Commissioner, and as requested for each calendar year.
The Commissioner's decision shall include, but not be limited to, consideration of such factors as farm inspection, protection of groundwater and surface water, availability of financial assistance , financial hardship or the variance applicant's proposal when provided.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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