Agricultural Regulation

The Environment Agency (EA) is responsible for enforcing laws that protect the environment. Our work contributes towards creating a better place for people and wildlife and supports sustainable development.

The Environment Agency takes a targeted regulatory approach in line with enforcement and prosecution policy and guidelines, using enforcement powers efficiently and effectively to ensure compliance. We continue to improve how we regulate whilst adapting to future change, finding innovative and effective ways to secure better environmental outcomes.

How the Environment Agency meets the regulators code(External link)

To carry out compliance and regulatory activity the EA uses monitoring data, real time satellite and drone information, runoff-risk maps, intelligence from previous incidents and public reports to identify locations at high risk of contributing to nutrient and soil pollution. To prioritise resources to undertake inspections we may also consider factors such as proximity to protected areas(External link), remote sensing information and livestock numbers.

Farm inspections are advice-led, with officers taking a proportionate approach that puts advice and guidance first.

Farm Actions

During an inspection, officers can issue actions that farmers must complete to become compliant with regulations. Farm actions can also be issued to prevent pollution.

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This guide has been produced by Herefordshire Rural Hub and the Environment Agency to help farmers, land managers and advisers understand the rules that apply to them and how to comply with them.(External link)

Read about the rules on GOV.UK(External link)

Read the FRfW statutory guidance June 2022 on GOV.UK(External link)

In the Wye Catchment the highest number of actions issued are for soil sampling and nutrient management planning.

Nutrient management planning is a legal requirement. Using a nutrient management plan farmers know how much nutrient is needed to produce quality crops. It prevents the risk of too much nutrient been added to the soil that could then leach and pollute rivers. It also means saving money by only buying the amount of fertiliser needed.

When planning the application of organic manure or manufactured fertilisers to cultivated agricultural land farmers must take account of the result of soil sampling analysis.

Soil samples must:

• include the pH of the soil and the levels of nitrogen, phosphorous, magnesium and potassium present
• be no more than 5 years old at the time of the application

Nitrogen levels may be determined by assessing the soil nitrogen supply, rather than the sampling and analysis of soil.

Farmers can use the Nutrient Management Guide RB209 on the Agriculture and Horticulture Development Board website(External link) to work out the nutrients needed.

Read the blog: Use a whole farm nutrient budget(External link)

RePhoKUs used the available evidence to model and predict the amount of phosphorous applied to the land which could not have been used and was equivalent to 1.86 tonnes per hectare in the arable and productive grassland. Wye soils are more likely to leak phosphorus than many other soils because of their poor ability to hold onto the phosphorus applied in fertilisers and manures and pose a high risk of losing phosphorus to draining streams.

Watch the Catchment Sensitive Farming video about nutrient management.(External link)

Nitrate vulnerable zones

Nitrate Vulnerable Zones (NVZs) are areas designated as being at risk from agricultural nitrate pollution. They include about 55% of land in England. The total amount of reactive, or biologically available nitrogen created by human activities has increased significantly between 1890 and 1990, with most of that increase taking place in the second half of the twentieth century. The use of artificial fertilisers increased globally to meet the needs of growing populations and increased demand for food. This has led to increased nitrate concentrations in rivers, lakes, ground waters, transitional and coastal waters and wetlands. Elevated nitrate can affect the ecological quality of surface waters through the process of eutrophication. This is when excess nutrients cause algal/plant proliferation, damaging the quality and uses of waters as well as the ecology.

Farmers with land in NVZ’s need to find out how much nitrogen they can use on their land and plan and record fertiliser use.

Read about the NVZs rules on GOV.UK(External link) Find out where NVZ’s are located(External link)

The designation of Nitrate vulnerable Zones across much of Herefordshire is an attempt to control the diffuse pollution risk posed to surface and groundwater.

Storing silage, slurry and agricultural fuel oil

These rules are to help protect the environment and people. Storing silage slurry and agriculture fuel oil can pose risk to the environment if not managed correctly. Leakage or spills can contaminate water, leading to the pollution of ecosystems. Contaminated water sources can have adverse effects on water quality, harming aquatic life and potentially impacting drinking water supplies. Proper storage practises help prevent such risks.

Read about the rules for storing silage, slurry, and agriculture food on GOV.Uk(External link)

How technology supports regulation

The EA are testing satellite and drone technology and using imagery to predict where arable activity may lead to soil erosion. During the winter months bare earth satellite mapping is used to find where arable farms have bare soils without a cover crop which can allow for soil erosion to occur.

Aerial images help to show the scale of a problem, the root cause and track the soil run-off. Soil management solutions can then be implemented. In addition to receiving advice and guidance from EA Officers, farmers are often signposted to Catchment Sensitive Farming Advisers at Natural England for site-specific advice and guidance.

Image: Arial drone image of bare soils

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