Code of Massachusetts Regulations
330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES
Title 330 CMR 31.00 - Plant Nutrient Application Requirements For Agricultural Land And Land Not Used For Agricultural Purposes
Section 31.03 - Plant Nutrient Application Requirements for Agricultural Land

Universal Citation: 330 MA Code of Regs 330.31

Current through Register 1531, September 27, 2024

(1) Any Person who applies, or authorizes any Person by way of service contract or other arrangement to apply, Plant Nutrients to Agricultural Land shall:

(a) Apply Plant Nutrients according to UMass Guidelines, if available;

(b) Not apply Plant Nutrients directly to Surface Water;

(c) Not apply Plant Nutrients to Saturated Soil unless normal operation requires activities to take place at a time when such a condition exists;

(d) Not apply to Frequently Flooded Soils during a period when flooding is expected;

(e) Not apply Plant Nutrients to Frozen Soil or Snow Covered Soil, except for the conditions outlined in 330 CMR 31:03(3); and

(f) In addition to the requirements of 330 CMR 31.00, applications of Biosolids must be made in accordance with the requirements of 310 CMR 32.00: Land Application of Sludge and Septage.

(2) Application Setbacks.

(a) No application of Plant Nutrients shall be made:
1. within 100 feet of Surface Waters used for public water supplies;

2. in a Zone I of a Public Water Supply Well;

3. using a broadcast method either with or without Incorporation within 50 feet from Surface Waters unless a Vegetated Buffer is present, in which case a setback of 25 feet applies;

4. by band or side dress application or Injection of Plant Nutrients within ten feet from Surface Waters; or

5. on pastures and hayfields within ten feet from Surface Waters.

(b) Except for the application setback in a Zone I, the setbacks in 330 CMR 31.03(2)(a) shall not apply to crop growing systems that operationally require proximity to Surface Waters, provided such applications are done in accordance with UMass Guidelines for such crop growing systems.

(c) These application setbacks shall not prevent activities that are allowed as Normal Maintenance of Land in Agricultural Use, as defined by the Massachusetts Wetlands Protection Act M.G.L. c. 131, § 40 and 310 CMR 10.00: Wetlands Protection.

(3) Limitations on the Applications of Agricultural Byproducts or Agricultural Process Water to Frozen Soil or Snow Covered Soil.

(a) Applications of Agricultural Byproducts and Agricultural Process Water to Frozen Soil or Snow Covered Soil shall only be made if:
1. the Agricultural Operation has inadequate storage and anticipates exceeding the available storage capacity limit during the time of the year that Frozen Soils and Snow Covered Soils typically occur;

2. the Agricultural Byproduct is not a Stackable Agricultural Byproduct; and

3. there is no other reasonable management option.

(b) All applications of Agricultural Byproduct or Agricultural Process Water to Frozen Soil or Snow Covered Soil shall:
1. not be made to areas where slopes are greater than 7% when applying solid materials;

2. not be made to areas where slopes are greater than 2% when applying liquid materials;

3. not be made within 200 feet of Surface Waters;

4. minimize the rates of application and available acreage used to the greatest extent practical; and

5. not be made unless there is at least 30% crop residue or a vegetative cover present in the field receiving the application.

(c) The restrictions set forth in 330 CMR 31.03(3)(a) shall not apply to:
1. Animal Manure deposited directly by livestock; or

2. a livestock operation generating less than 50,000 gallons of Animal Manure or less than 270 cubic yards of solid Animal Manure, which corresponds to estimated Animal Manure production of 15 lactating dairy cows housed in a barn for 61/2 months per year.

(4) Temporary In-field Stacking of Stackable Agricultural Byproduct as a part of land application of this material is permissible throughout the year provided the following conditions are met:

(a) Animal Manure stacked in a temporary field stockpile shall be land applied in the first spring season following the placement of the stockpile; and

(b) The stacks shall be constructed using UMass Guidelines, or if none are available, then the following conditions must be met:
1. placed on appropriate soils, excluding Coarse Textured Soils or Gravelly Soils;

2. at least 100 feet from any Surface Waters or, if a Vegetated Buffer is in place, at least 35 feet from Surface Waters;

3. outside the Zone I of a Public Water Supply well;

4. at least 200 feet from any residence not owned or leased by the Operator;

5. outside of Frequently Flooded Soils;

6. of shape and size that minimizes absorption of rainfall; and

7. covered when placed in a Zone A to minimize runoff.

(5) Should UMass Guidelines not be available when referenced in this 330 CMR 31.00, the applicator or operator must follow the equivalent extension service standards or standard industry practices until such time that UMass Guidelines become available.

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