Agricultural Nutrient Management

Act 38 of 2005 replaces the original Act 6 of 1993, the state’s first law that required certain farms to have approved nutrient management plans. Act 38 requires that Concentrated Animal Operations (CAOs) to develop and maintain a nutrient management plan. A CAO is an agricultural operation that has an animal density which exceeds two animal equivalent units (AEUs) per acre of land that can receive manure on an annualized basis. If a farm is not a CAO, this operation can also volunteer in the program.

These nutrient management plans must be submitted to the Conservation District for review under the supervision of the PA State Conservation Commission. Once approved, they must be updated within three years. CAOs and volunteers following approved nutrient management plans can receive limited liability protection.

If you are not certain if your farm operation is a CAO or when your nutrient management plan needs to be updated, contact Chip Spatz, Nutrient Management Technician, [(570) 837-3000 x6] to either call him direct or to set up an appointment.

For more information about the PA Nutrient Management Program, either contact Chip Spatz or visit the  PA Nutrient Management website .

Forward any questions about this and other nutrient management program issues to Chip Spatz, SCCD Nutrient Management Technician, at (570) 837-3000 x6.

A small number of operations are classified as CAFOs (Concentrated Animal Feeding Operations). These operations are based on the number of animals. Refer to the    CAFO Chart  for a current definition.

These operations are regulated under the NPDES (National Pollution Discharge Elimination System) permitting program and regulations through the EPA (US Environmental Protection Agency). In PA, EPA delegates DEP (PA Department of Environmental Protection) to manage the program. CAFOs not only need an Act 38 nutrient management plan, but also complete permitting applications and record keeping requirements. Go to the DEP CAFO     website for more information.

Farm operations that are not a CAO or a CAFO are required to have a manure management plan (MMP), a simplified version of a nutrient management plan. In 2024, DEP developed and released the revised PA Manure Management Manual in which farmers can fill in the information themselves, follow the minimum guidelines, and be in compliance with PA and Federal water protection laws. 

Note #1: Go to the article below explaining the changes in the new MMP guidance and workbook.

Note #2: The Conservation District is offering assistance to farmers in helping them write their own manure management plans or teaching them how to write these plans. Farmers can go to www.paonestop.psu.edu  in which they can create their own maps for their MMPs.

For more information about MMPs, contact Barry Spangler, Agricultural Conservation Technician, at (570) 837-3000 x5.

The PA Manure Management Plan (MMP) workbook and guidance (formally known as the “Land Application of Manure-Manure Management Plan Guidance) has been updated by the PA Department of Environmental Protection (DEP) and published in the PA Bulletin on April 27, 2024.

This means that any agricultural operation:

1. that produces or applies manure, and
2. is not a concentrated animal operation (CAO) under Act 38, and
3. does not have a volunteer nutrient management plan (NMP),

it will need to update its current MMP (if it mees one of criteria below) or develop a MMP using the new 2024 workbook format.

Operations currently having a MMP using the old 2011 format will need to update their MMP using the new 2024 workbook format if at least one of the changes listed below have taken place or will take place (as per DEP email):

1. A net increase of greater than 10% occurs in AEUs per acre.
2. A change in crop management that results in a reduction of greater than 20% in nitrogen necessary for realistic expected crop yields or the amount the crops will utilize for an individual crop year.
3. If calculations in the plan are in error.
4. If a BMP different than that called for in the approved plan, is proposed to address a manure management or stormwater management concern.
5. If, after the first three (3) years of implementing the plan, actual yields are less than 80% of the expected crop yields used in the development of the plan.
6. If alternative organic nutrient sources will replace or augment nutrient sources described in the plan.
7. If additional lands are brought into the operation through purchase, lease or renting.
8. If there is a change in the manure management system that is expected to result in a different nutrient content that requires a change in manure application rates.

Please note that operational changes may also trigger necessary updates to agricultural erosion & sedimentation (Ag. E&S) or NRCS style conservation plans.

Non-CAO operations who currently have a MMP using the 2011 format will still be valid if changes have not or will not take place.

Some, but not all, of the new 2024 MMP format changes include:

1. An animal density calculation,
2. An indication if the manure spreader will be calibrated prior to manure application,
3. Additional questions regarding agricultural process wastewater (i.e. milkhouse wastewater, and
4. Spreading manure based on crop nitrogen (N) needs will require nutrient balance sheets (NMSs). Soil tests less than 3 years-old and less than 20 ppm phosphorus (P) are still required.

A separate simpler MMP version has been developed for very small operations under specific conditions.

• New 2024 MMP Guidance & Workbook (PDF Version)
• Nutrient Balance Sheet (NBS) Materials — required when applying manure based on nitrogen (N) crop needs.
  • NBS User Guide
  • NBS; Word Version
  • NBS; Excel Version (Penn State Extension PA Nutrient Management Program website)

Please note that operational changes may also trigger necessary updates to agricultural erosion & sedimentation (Ag. E&S) or NRCS style conservation plans.

If you have any questions, reach out to Barry Spangler, SCCD Ag. Conservation Technician, at (570) 837-3000 x5, and he will try to answer them.