Manure management and the regulations that govern the process is hardly a sexy subject, but it’s one that has been generating a lot of interest of late, especially in the American Midwest.
Much of that interest has been the result of a recent court ruling in the state of Wisconsin. In August, a Wisconsin Court of Appeals handed down a unanimous judgment that declared the state’s department of natural resources has the authority to subject large farms to wastewater permit requirements aimed at protecting water quality.
The court ruling followed a lawsuit filed in 2023 by two groups representing a number of the state’s larger farms that challenged the state’s authority to require permits under the DNR’s Wisconsin Pollutant Discharge Elimination System. The groups had argued the DNR doesn’t have the right to require large concentrated animal feeding operations, or CAFOs, to obtain wastewater permits before they discharge a pollutant into navigable waters.
Earlier this year in neighbouring Minnesota, the Minnesota Pollution Control Agency held public meetings and received comments on proposed updates to that state’s animal feedlot rules, including manure management plans. Although no new regulations have been proposed yet, the MPCA has stated it wants to find new ways to reduce the amount of nitrate from feedlot manure that has worked its way into private wells and groundwater and sporadically killed fish in some rivers and streams.
Manure Manager spoke with nutrient management experts in both Wisconsin and Minnesota about each of these recent developments, how management plans can affect both CAFOs and smaller farms, and how farmers can navigate manure regulations as they continue to evolve.
Kevin Erb, manager of the conservation professional training program at the University of Wisconsin-Madison, Division of Extension, says the recent Court of Appeals ruling doesn’t really change anything since it upheld the existing rules CAFOs were already required to follow.
What it does do, he says, is let farms that are not quite CAFO-size as well as those that haven’t yet applied for a permit know they’re going to need to start the permitting process before they reach the 1,000-animal unit threshold. And he suggests that farms in that situation begin the process sooner rather than later.
“As you’re approaching that CAFO size, you really need to be working with your engineering consultant, with your agronomic consultant, because there are some things that are easier and more economical to do before you get the permit and some things become more expensive after you get the permit,” he says.
“Working with those independent consultants or the country land and water conservation departments to get your ducks in a row and get things going before you reach that size or before you start the permit process can save you a lot of money in the permit process.”
Melissa Wilson, associate professor and extension specialist with the University of Minnesota, says it’s too early to say what the MPCA’s proposed updates to feedlot rules will mean for farm operations and manure management plans in that state.
However, she suggests that farmers should be prepared for change including the possibility that smaller farms could be required to keep more detailed records of where they apply manure and potentially face restrictions on fall manure applications much like larger operations already do.
“I can’t say what they’re going to end up coming up with because right now they’re just so early in the process. We’ll have to wait and see. It could be a lot of different things or there could be minimal changes,” says Wilson, whose work is focused largely on manure nutrient management and water quality.
“[But] people should be aware that this is coming. It shouldn’t really be a surprise.”
One particular area of concern for Minnesota farm operators could be potential updates to regulations for manure application timing, which may affect storage facilities. Some farms have older storages that were built decades ago. With changes in livestock management and changing weather conditions the state now receives, including increased precipitation, these older storages may not meet current storage needs.
Erb and Wilson both agree that one of the challenges with navigating manure management regulations is the fact that they can vary widely from state to state and are based on a variety of factors including weather conditions, topography, soil types and the type of manure a region produces.
In Wisconsin, for example, the state’s DNR requires CAFO operators to submit a plan each spring detailing the next 12 months of manure and fertilizer applications they have planned. Farms can update that plan in the summer if things such as winter kill or cropping decisions change the rotation. In Minnesota, reporting requirements vary depending on the farm size. Setbacks – where manure can and cannot be applied in relation to waterways or other sensitive features – differ between the states, as well.
One of the most important parts of any manure management system is a spill response plan that details what to do in the event of an accidental release.
Erb says regardless of what is contained in an individual spill response plan, those details should be written down and easily available to anyone who may be working on that farm.
“It doesn’t really matter if it’s a formal document or if it’s written on the back of somebody’s napkin, but it needs to be practical and accessible. I’ve seen times where they have a really good plan, but it’s locked in the office and people can’t get to it when it’s needed,” he says.
“The plan that you develop should be downloaded onto every employee’s phone and they should know that if something happens, they’re empowered to call the vacuum truck or septic pumper and not worry that the boss is going to say you shouldn’t spend the money to fix that situation.”
Most nutrient management regulations at the state level also require some form of manure testing. The frequency of testing can depend on a number of factors including the size of the operation.
Wilson says one of the priorities when it comes to manure testing is for producers to ensure they are getting a representative sample of any manure being produced by their operation or used on their fields.
The key is to get many smaller subsamples from different parts of the storage and mix the subsamples well. Then, fill your sampling container that will be sent to the lab and let it cool down so the nutrients stay put and don’t turn into gasses. That means putting the sample on ice or freezing it before sending it to the lab.
Wilson also recommends that manure management plans should include detailed instructions on how employees should react in emergency situations. That includes making sure employees know their exact location in the field so they can communicate that to emergency personnel.
They should also be made aware that manure gasses such as hydrogen sulfide and carbon monoxide can be “silent killers.” Because they tend to be heavier than air and can effectively force oxygen to disperse elsewhere, that can sometimes mean there is not enough clean air to breathe low to the ground.
Wilson advises that farm operators keep a detailed account of what happens on their farm so that their manure management plan can be updated when needed. For example, if a field is drenched with rain and manure application ends up being shifted to another field, the farmer should make sure it is tracked and considered when developing next year’s plan.
There are currently no federal insurance premium rebates specifically for farms with manure management plans. However, some federal and state-level programs do offer significant financial incentives for implementing manure management practices.
In Wisconsin, a voluntary program provides business insurance premium discounts of between five and 20 percent if the farmer or their manure applicator goes through training and they have a spill response plan in place. The program has helped farmers and professional manure applicators save more than $100,000 in insurance premiums on an annual basis. Erb says farmers who don’t take part in the program should check with their insurance agent and ask if they can receive a similar premium discount.
Erb and Wilson also agree that technology is going to play an increasingly large role in developing future manure management plans.
Erb cites the example of the GPS technology that is available in most newer tractors. He says it can be used to create a map to show where manure has been applied and document it was applied properly. Wilson says that same mapping technology can also be used to note intermittent streams in a field that form during heavy rains and let farmers know to avoid applying manure if rain is in the immediate forecast. •
