Normal Farm Practice Regulations

Normal Farm Practice Normal Farm Practice Regulations Regulations

1972 Massachusetts enacted the Wetland 1972 Massachusetts enacted the Wetland Protection Act (WPA). Protection Act (WPA).

““work performed for the normal maintenance work performed for the normal maintenance and improvement of agricultural and forestry and improvement of agricultural and forestry use” was exempted from regulation in the use” was exempted from regulation in the original statute. original statute.

In 1984 the language was changed from “FOR” In 1984 the language was changed from “FOR” agricultural use to “normal maintenance and agricultural use to “normal maintenance and improvement on land “IN” agricultural use.improvement on land “IN” agricultural use.

The exemption deteriorated as Conservation The exemption deteriorated as Conservation Commissions and farmers grappled over what Commissions and farmers grappled over what were the uses of various parts of the farm.were the uses of various parts of the farm.

To a farmer…all of their land is in To a farmer…all of their land is in agricultural use sooner or lateragricultural use sooner or later……

In 1991 at the urging of farm groups, In 1991 at the urging of farm groups, Massachusetts enacted the Normal Massachusetts enacted the Normal

Farm Practice Amendment to clarify the Farm Practice Amendment to clarify the exemption with a set of regulations exemption with a set of regulations

A Farmland Advisory Committee was A Farmland Advisory Committee was established to advise DEP on clarifying the established to advise DEP on clarifying the Agricultural exemptionAgricultural exemption

Of the 7 appointments to the Committee, only 2 were Of the 7 appointments to the Committee, only 2 were farmers!farmers!

The committee met for 20 months and in May 1993 new The committee met for 20 months and in May 1993 new regulations defining Normal Ag Practices were regulations defining Normal Ag Practices were promulgated. promulgated.

The forestry regulations were completed in Nov 1995.The forestry regulations were completed in Nov 1995.

Normal Farm Practice Regulations..defined Normal Farm Practice Regulations..defined practices impacting wetlands such as…practices impacting wetlands such as…

Enlarging a farm pond.Enlarging a farm pond. Cleaning an irrigation canal.Cleaning an irrigation canal. Replacing a pump along a river or stream.Replacing a pump along a river or stream. Repairing a dike.Repairing a dike. Repairing storm damageRepairing storm damage

““

Normal Practices” were meant to define Normal Practices” were meant to define what farmers would expect to do in order to what farmers would expect to do in order to manage and improve their farms.manage and improve their farms.

Including managing pests.Including managing pests.Removing trees along a field edge.Removing trees along a field edge.Plowing fields.Plowing fields.Installing irrigation pipes.Installing irrigation pipes.Repairing drainage and ditches.Repairing drainage and ditches.

““Normal” Improvements which can Normal” Improvements which can be expanded or new, are subject to be expanded or new, are subject to

NRCS StandardsNRCS Standards

and are conditionaland are conditional

Flow-Through BogFlow-Through Bog

By-Pass Channel

And Here it is!

Renovated and replanted

Renewable Energy Pumping StationRenewable Energy Pumping Station

Planning for Bees

Normal isn’t necessarily Best Management Normal isn’t necessarily Best Management Practices which are always evolving and often Practices which are always evolving and often require significant investment in technologies.require significant investment in technologies.