Producers with manure management plans are required to keep records of manure application such as the method (injection, incorporation, etc.), date(s), field location, number of acres, and application rate for the manure applied. However, beginning August 25th of this year, additional new recordkeeping requirements are in effect.

First, DNR rules require that if manure is applied to fields not owned, rented or leased for crop production by the livestock producer with the manure management plan, the livestock producer must obtain from the crop farmer "a statement specifying the planned commercial nitrogen and phosphorus fertilizer rates to be applied to each field receiving the manure." A few key points about this requirement:

• DNR has indicated that the livestock producer must have this statement at the time manure is applied so that manure application rates may be accurately determined.
  
• The rules require that there be a statement for each field where manure is applied. Accordingly, a statement is not required for fields in a manure management plan where manure will not be applied for the next crop year.
  
• The statement must be obtained from whoever farms the land. If the land is farmed by a tenant, the tenant may provide the statement.
  
• The statement must be obtained even if the crop farmer does not plan to apply any additional nitrogen or phosphorus fertilizer.

DNR announced last week that it is developing a form which will be posted on the DNR website at www.iowadnr.com under animal feeding operations and form number 542-8167. However, the rules do not require producers to use the DNR form. Producers may use a different format so long as the statement meets the rules requirement of "specifying the planned commercial nitrogen and phosphorus fertilizer rates to be applied to each field receiving the manure."

Second, this DNR rule also requires that manure management plan records include the date and application rate of commercial nitrogen and phosphorus on fields that received manure. This requirement applies to land farmed by the livestock producer and also applies to commercial fertilizer applications on land farmed by someone else under a manure application agreement.

The rules provide some protection to livestock producers with manure management plans from enforcement actions by DNR for fertilizer applications by someone else that result in violation of the limits on nitrogen and phosphorus levels in a manure management plan. The rules state that in this situation DNR cannot bring an enforcement action for noncompliance with a manure management plan or the recordkeeping requirements unless the livestock producer "knew or should have known" that application of commercial nitrogen or phosphorus would result in exceeding limits established in the manure management plan.

As part of their overall manure management program, livestock producers should review their manure agreements with landowners. To ensure compliance with DNR rules and proper application of manure and other soil nutrients, the agreements should clearly state that the crop producer will comply with the nitrogen and phosphorus limits in the manure management plan and that the crop producer will provide the dates and application rates of commercial nitrogen and phosphorus to the livestock producer.