Ohio law restricts the surface application of manure and fertilizers containing nitrogen (N) and phosphorus (P) in the Western Lake Erie Basin under certain soil and weather conditions. Applicators within the Western Basin of Lake Erie need to comply with the regulations or they may face civil penalties. The map below indicates the Western Basin Lake Erie Watershed within the blue border.
Where the Restrictions Apply
The Western Basin, as defined in these regulations, includes the following watersheds identified by the specific U.S. Geological Survey hydrologic unit codes:
- St. Mary's watershed, hydrologic unit code 04100004
- Auglaize watershed, hydrologic unit code 04100007
- Blanchard watershed, hydrologic unit code 04100008
- Sandusky watershed, hydrologic unit code 04100011
- Cedar-Portage watershed, hydrologic unit code 04100010
- Lower Maumee watershed, hydrologic unit code 04100009
- Upper Maumee watershed, hydrologic unit code 04100005
- Tiffin watershed, hydrologic unit code 04100006
- St. Joseph watershed, hydrologic unit code 04100003
- Ottawa watershed, hydrologic unit code 04100001
- River Raisin watershed, hydrologic unit code 04100002
The Application Restrictions
The restrictions are different depending on whether manure or fertilizer is applied.
FOR FERTILIZERS CONTAINING N OR P
Fertilizer may not be surface-applied under these conditions:
- on snow-covered or frozen soil
- when the top 2 inches of soil are saturated from precipitation
- in granular form, and when the local weather forecast has a greater than 50% chance of precipitation exceeding 1 inch in a 12-hour period
FOR MANURE
Livestock or poultry manure may not be surface-applied under these conditions:
- on snow-covered or frozen soil
- when the top 2 inches of soil are saturated from precipitation
- when the local weather forecast has a greater than 50% chance of precipitation exceeding 1/2 inch in a 24-hour period
Exceptions to the Regulations
The applicator is exempt from these regulations if nutrients are injected at application, incorporated within 24 hours of application, or applied to a growing crop.
What weather forecast should I use, and should I keep a record? No single weather forecast is required; however a Field Application Resource Monitor (FARM) is a very useful real-time and historical climate information tool for fertilizer and manure applications. FARM allows users to define their locations of interest and receive 12- and 24-hour precipitation forecasts to aid in the application of fertilizer, manure, and/or pesticides. FARM also utilizes a database of historical forecasts that allows users to search previous dates. Users can choose to create an account to track multiple fields, explore statewide conditions in quick-view, and sign-up to receive email alerts. Watch the tutorial for more information on how it can be used.
Recordkeeping is not a requirement of these regulations, but certified fertilizer applicators are required to keep application records (see below).
Other Requirements for Fertilizer or Manure Application
Fertilizer Certification. This certificate is required to make fertilizer applications to more than 50 acres of agricultural production grown for sale. For information about the certification and required recordkeeping, see:
Also see:
Watersheds in Distress. Watersheds in distress are subject to additional requirements for storage, handling, and land-application of manure.
See:
- OAC 1501:15-5 Animal Waste and Agricultural Pollution
- OAC 901:13-1-11 Land Application of Animal Manure
Certified Livestock Manager (CLM). CLM certification is required under certain conditions for the facility manager or handler of manure from concentrated animal feeding facilities (CAFF). To apply manure from a CAFF, the applicator must be either:
A Certified Livestock Manager (CLM)
OR
A Certified Fertilizer Applicator
See:
Enforcement
The Ohio Department of Agriculture (ODA) has authority to investigate a violation of the regulations upon receiving a complaint from any person, or receiving any information that suggests a potential violation. ODA may assess penalties for violations, which may not exceed $10,000 per violation.
Application Term Definitions
Snow-covered soil. When soil, or residue lying on the soil, cannot be seen because of snow cover, or because the soil is covered by 1/2 inch of ice or more.
Frozen soil. Ground that is impenetrable because of frozen soil moisture. The restriction is intended to prevent situations where fertilizer or manure is unable to freely infiltrate the soil and therefore would likely run off to surface water. Generally, frozen soil will:
- Not be easily penetrated by a metal object (such as a knife, screwdriver, or shovel).
- Not deform to show a visible imprint under downward pressure.
- Have a temperature below 32 degrees Fahrenheit.
Saturated soil. Occurs when all the pore spaces in the soil are filled with water. A soil that has an available water capacity above field capacity will be considered to be saturated. According to the Natural Resource Conservation Service Standard 590 for Ohio, when the available water capacity of a soil is above field capacity, then free water will appear on the surface of the soil when the soil is bounced, kneaded, or squeezed. For a fertilizer or manure application to be considered a violation of the law, the top 2 inches of the soil would need to be saturated, and the application would have been made without incorporation, injection, or a growing crop.
Growing crops. This definition varies by season. In the summer, a growing crop is any green plant that will be harvested or that was planted as a cover crop. In the winter, a growing crop is any plant that will be harvested or that was planted as a cover crop and that will not winter-kill. Plants in dormancy will be considered growing crops, as long as the plant species typically "greens up" and continues to grow in the spring. For practical purposes, a growing crop has emerged from the ground and provides reasonable ground cover.
Injection. When fertilizer or manure is placed beneath the soil surface. The applied material is retained by the soil and does not concentrate or pool at or below the soil surface. If fertilizer or manure is injected, then the application is not a violation of the WLEB restrictions.
Incorporation. Tillage that mixes the fertilizer or manure into the soil to an average minimum depth of 4 inches and mixes the fertilizer or manure with surface soil so that at least 80% of applied material is covered with soil. If surface applied fertilizer or manure is incorporated within 24 hours of application, then the application is not a violation of the WLEB restrictions.
Resources
Learn more about fertilizer and manure regulations in the Lake Erie Wester Basin:
- Fertilizer and Manure Regulations in the Lake Erie Western Basin (printable PDF)
- Ohio Agricultural Fertilizer Applicator Certification Requirements: Who Needs to Get Certified and What Steps to Take
- Animal manure regulations in Ohio
Ohio Revised Codes:
- ORC 905.326 Application of fertilizer in western basin
- ORC 939.08 Application of manure in the western basin
Contact Information
Pesticide Safety Education Program
Ohio State University Extension
614-292-4070
pested.osu.edu
Ohio Department of Agriculture
Pesticide & Fertilizer Regulation Section
614-728-6987
agri.ohio.gov