Nitrate Vulnerable Zones Action Programme review: consultation

9. Other nitrogen management measures

9.1 Nitrogen fertiliser application

In order to protect the water environment, the NVZ Action programme requires that nitrogen fertiliser (organic and chemical/ manufactured) must not be applied to any land if:

• the soil is waterlogged
• the land is flooded
• the soil has been frozen for 12 hours or longer in the preceding 24 hours
• the land is covered by snow.

Also nitrogen fertiliser cannot be applied if there is a significant risk of nitrogen getting into any surface water. This means that an assessment of the risk must be undertaken before applying any nitrogen fertiliser. In making this assessment, the following factors have to be taken into account:

• the slope of the land, particularly if it is greater than 12 degrees
• the ground cover
• the proximity of any surface water
• weather conditions, and
• the type of fertiliser being applied.

For organic manure applications the Action Programme has other specific measures to protect the water environment. Organic manures include livestock manures and all other nitrogen fertilisers derived from organic matter, for example sewage sludge, compost and organic wastes.

The Action Programme requires that organic manures must not be applied to land in the following areas:

• within 10 metres of any surface water; or
• within 50 metres of any well borehole or similar work that is used as a water supply.

Before applying any organic manures, a Risk Assessment Plan must also be completed to minimise risks of nitrogen pollution to the water environment. This comprises of a risk assessment map which includes, for example, the identification of watercourses, areas where organic manure application is prohibited, and areas where the use of organic manures would pose a high risk to the water environment.

The NVZ Action Programme requires that chemical/ manufactured fertiliser must not be applied to any land in any case, location or manner that makes it likely that the fertiliser will directly enter any surface water. However, the Water Environment (Controlled Activities) (Scotland) Regulations 2011 have more specific measures, which are applicable to farmers in NVZs. For example, the measures require that chemical/ manufactured fertiliser must not be applied within 2m of a surface water (measured from the top of the bank).

In general, the Water Environment (Controlled Activities) (Scotland) Regulations 2011 has been used to introduce more stringent requirements for the application of fertilisers (including nitrogen), organic manures, and chemical/ manufactured fertilisers rather than the NVZ Action Programme. Farmers within NVZs have to meet these new requirements, such as the requirement for the precision spreading of slurries, which are being phased in up to 2027 through the Water Environment (Controlled Activities) (Scotland) Amendment Regulations 2021. The Water Environment (Controlled Activities) (Scotland) Regulations 2011 diffuse pollution mitigation measures will continue when it is replaced by the Environmental Authorisation (Scotland) Regulations 2018 from 1 November 2025.

We, therefore, do not propose to introduce any new nitrogen fertiliser application measures through the NVZ Action Programme at the present time.

Question 8

Do you agree with our review of nitrogen fertiliser application requirements and our proposal that we do not change them at the current time? (Yes/No)

Where appropriate, please provide scientific research and evidence taking account of Scotland’s agricultural, soil and climatic conditions to support your view. (Text box)

9.2 Catch (cover) crops

The Scottish Government considered the proposal for an NVZ Action Programme measure to introduce catch (cover) crops following the harvest of the main crop to utilise any residual nitrogen in the soil amongst other benefits.

Whilst, the Scottish Government encourages the use of catch crops by farmers on voluntary basis, we do not consider it feasible to introduce it as a statutory requirement in Scotland, as the farming calendar, climate and farming methods are not suitable to implement such a measure. Utilising cover crops successfully in Scotland is challenging as the window for drilling and successful establishment is so slim because of our later harvests. We, therefore, do not propose to introduce a catch crop mandatory measure into the NVZ Action Programme.

Question 9

Do you agree with our proposal that we do not introduce NVZ Action Programme measures for catch (cover) crops at the current time? (Yes/No)

Where appropriate, please provide scientific research and evidence taking account of Scotland’s agricultural, soil and climatic conditions to support your view. (Text box)

9.3 Record-Keeping

There is a straightforward need to keep accurate records of the application of nitrogen fertilisers to crops in Nitrate Vulnerable Zones through a fertiliser and manure management plan. Farmers need to comply with the main elements of the Action Programme Regulations, such as the relevant storage requirements, field limit, farm limit and Nmax and keep records as evidence of compliance. Record keeping also benefits farm businesses through fostering nutrient management planning.

PLANET (Planning Land Applications of Nutrients for Efficiency and the environmenT) is a freely available, software, nutrient management decision support tool for use by farmers and advisers in England/Wales and Scotland for field level nutrient planning and for assessing and demonstrating compliance with the Nitrate Vulnerable Zone (NVZ) rules. The Scottish Government is currently working with other UK Admins on a DEFRA lead review of PLANET. A key aim of the review is to give it a more user-friendly interface to make it simpler and quicker to use. Following the review, a release of an updated Scottish version of PLANET is planned for the autumn of 2025.