If the nitrogen fertilizer best management practices (BMPs) are implemented on more than 80% of the cropland in your area, and residual soil nitrate levels do not increase, or nitrate levels in the public water supply do not increase, then regulations will not be required. Otherwise the Drinking Water Supply Management Area (DWSMA) can move to a regulatory level.
In cropland areas with high nitrate concentrations in the groundwater, the MDA strongly encourages farmers to consider using Alternative Management Tools (AMTs). In the rule, Alternative Management Tools are defined as “specific practices and solutions approved by the commissioner to address groundwater nitrate problems.” Examples of AMTs include, but are not limited to, type of precision agriculture, nitrification inhibitor, cover crops, annual crops, and alfalfa. The MDA will maintain a published list of approved AMTs. This list will be updated on an annual basis. Under the Groundwater Protection rule, land with AMTs in place will be considered BMP compliant in the BMP survey.
If the nitrogen fertilizer best management practices (BMPs) are implemented on more than 80% of the cropland in your area, and residual soil nitrate levels do not increase, or nitrate levels in the public water supply do not increase, then regulations will not be required. Otherwise the Drinking Water Supply Management Area (DWSMA) can move to a regulatory level.
In cropland areas with high nitrate concentrations in the groundwater, the MDA strongly encourages farmers to consider using Alternative Management Tools (AMTs). In the rule, Alternative Management Tools are defined as “specific practices and solutions approved by the commissioner to address groundwater nitrate problems.” Examples of AMTs include, but are not limited to, type of precision agriculture, nitrification inhibitor, cover crops, annual crops, and alfalfa. The MDA will maintain a published list of approved AMTs. This list will be updated on an annual basis. Under the Groundwater Protection rule, land with AMTs in place will be considered BMP compliant in the BMP survey.
Non-compliance with the Groundwater Protection Rule will generally first be addressed by providing compliance assistance to the landowner. Except for cases that involve human endangerment, the general progression of penalties involves 1) education, 2) compliance assistance, and 3) enforcement.
The MDA has the general authority to issue administrative, civil, and criminal penalties for violations of its rules through Minnesota Statutes 18D. Penalty actions are based on the severity of the violation and the facts of the case. The MDA takes a progressive enforcement approach, meaning that repeat violations will be met with stronger penalties than first violations.
The only parties possibly subject to penalties would be those in violation of the fall/frozen soil nitrogen fertilizer application restriction and those who violate a Commissioner’s order for mitigation Level 3 and Level 4. If a regulated party disagrees with a proposed penalty, the party will have the opportunity to challenge it.
Non-compliance with the Groundwater Protection Rule will generally first be addressed by providing compliance assistance to the landowner. Except for cases that involve human endangerment, the general progression of penalties involves 1) education, 2) compliance assistance, and 3) enforcement.
The MDA has the general authority to issue administrative, civil, and criminal penalties for violations of its rules through Minnesota Statutes 18D. Penalty actions are based on the severity of the violation and the facts of the case. The MDA takes a progressive enforcement approach, meaning that repeat violations will be met with stronger penalties than first violations.
The only parties possibly subject to penalties would be those in violation of the fall/frozen soil nitrogen fertilizer application restriction and those who violate a Commissioner’s order for mitigation Level 3 and Level 4. If a regulated party disagrees with a proposed penalty, the party will have the opportunity to challenge it.
Definition and interpretation of Responsible Party
The Responsible Party is the owner, operator or agent in charge of cropland. This means the person who decided to apply the nitrogen input will be identified as the Responsible Party. The MDA responds and investigates written complaints of nitrogen application after Sept 1 in a Drinking Water Supply Management Area (DWSMA) with elevated nitrate, a vulnerable groundwater area or on frozen soils in these areas. Facts and information obtained from the investigation will be used by the MDA to determine the responsible party.
In an effort to provide the best customer service possible, the MDA strongly recommends if you or your company is contracted by a grower / agent in charge of cropland, that you review the MDA’s groundwater vulnerability map PRIOR to agreeing to any nitrogen applications after September 1. If the application site is in a DWSMA on the MDA’s map, in a vulnerable groundwater area or on frozen soils in a vulnerable groundwater area, notifying the customer of this will enable the customer to comply with Minnesota’s Groundwater Protection Rule.
The vulnerable soils map and complaint form are provided to you for your reference: vulnerable soils map and the nitrogen fertilizer application complaint form.
Definition and interpretation of Responsible Party
The Responsible Party is the owner, operator or agent in charge of cropland. This means the person who decided to apply the nitrogen input will be identified as the Responsible Party. The MDA responds and investigates written complaints of nitrogen application after Sept 1 in a Drinking Water Supply Management Area (DWSMA) with elevated nitrate, a vulnerable groundwater area or on frozen soils in these areas. Facts and information obtained from the investigation will be used by the MDA to determine the responsible party.
In an effort to provide the best customer service possible, the MDA strongly recommends if you or your company is contracted by a grower / agent in charge of cropland, that you review the MDA’s groundwater vulnerability map PRIOR to agreeing to any nitrogen applications after September 1. If the application site is in a DWSMA on the MDA’s map, in a vulnerable groundwater area or on frozen soils in a vulnerable groundwater area, notifying the customer of this will enable the customer to comply with Minnesota’s Groundwater Protection Rule.
The vulnerable soils map and complaint form are provided to you for your reference: vulnerable soils map and the nitrogen fertilizer application complaint form.
The Minnesota Department of Agriculture (MDA) has confirmed emerald ash borer (EAB) in Crow Wing County for the first time. There are now 48 counties in the state, including Crow Wing, with EAB.
A suspected EAB infestation was discovered near Brainerd in Crow Wing County. EAB larvae was later found, and samples were collected by MDA staff. Federal identification confirmed the samples as emerald ash borer.
EAB was first discovered in Minnesota in 2009. The insect larvae kill ash trees by tunneling under the bark and feeding on the part of the tree that moves nutrients up and down the trunk. Often, the trees show several signs of infestation because of this. Woodpeckers like to feed on EAB larvae, and woodpecker holes may indicate the presence of emerald ash borer. Also, EAB tunneling can cause the bark to split open, revealing characteristic S-shaped galleries underneath.
Because this is the first time EAB has been identified in Crow Wing County, the MDA is enacting an emergency quarantine of the county. The quarantine limits the movement of firewood and ash material out of the area.
The MDA issues quarantines for all areas known to have EAB to reduce the risk of further spreading the tree-killing insect.
A virtual informational meeting for residents and tree care professionals in Crow Wing County will be held on Thursday, February 8, 2024, from 10–11 a.m. Experts from the MDA will give a brief presentation followed by a question-and-answer session.
Emerald Ash Borer Virtual Informational Meeting:
February 8, 2024
10–11 a.m.
Register at www.mda.state.mn.us/eab
The public will also have an opportunity to provide input on the proposal to add Crow Wing County’s emergency quarantine to the state’s formal quarantine. The MDA is taking comments on the proposed formal quarantine now through March 11, 2024, and recommends adopting the quarantine on March 13, 2024. The proposed quarantine language can be found at www.mda.state.mn.us/eab.
Comments can be made during the virtual meeting or by contacting:
Kimberly Thielen Cremers
Minnesota Department of Agriculture
625 Robert Street North
St. Paul, MN 55155
Kimberly.TCremers@state.mn.us
There is more EAB information on the MDA website.
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Media Contact
Brittany Raveill, MDA Communications
651-201-6131
Brittany.Raveill@state.mn.us
