Above: A screenshot of the recently updated Local Advisory Teams webpage on the Minnesota Department of Agriculture website.

The Minnesota Department of Agriculture (MDA) is reminding stakeholders about its process of gathering farmer input under part 2 of the Groundwater Protection Rule. 

A recently updated MDA webpage highlights the local advisory teams formed or in the process of being formed in those areas identified as Level 2 Drinking Water Supply Management Areas (DWSMAs). Local advisory teams include farmers, agronomists, local government staff, public water suppliers and other key stakeholders. 

They advise and consult with MDA regarding the appropriate activities to mitigate elevated nitrate levels. MDA consults with them to determine a list of applicable nitrogen-fertilizer best-management practices (BMPs) for the area. The teams may also consider and propose alternative-management tools (AMTs), such as precision agriculture and cover crops. 

The formation of local advisory teams is allowed under Part 2 of the state’s 2019 Groundwater Protection Rule. The rule requires that BMPs be adopted on at least 80% of cropland (excluding soybean acres) near affected public wells within three growing seasons, though it does give MDA some discretion to extend that timeframe. 

If nitrate concentrations continue increasing, or if soil nitrate below the root zone increases after three growing seasons, BMP adoption near an affected public well can become mandatory. Other actions, such as soil testing, record keeping and educational programs, can also be required. 

At no point can MDA prevent farmers from growing specific crops. Nor can it require fertilizer rates below the low end of the University of Minnesota’s recommended rate range. 

In some areas near public wells with elevated nitrate concentrations, local advisory teams have been established. In others, MDA is still recruiting members. More information on specific communities is on the updated MDA local advisory teams webpage. 

The number of team members depends on the size of the area that feeds into the affected public well. Teams can’t be established until the Minnesota Department of Health determines the boundaries of the area the feeds into a public well. 

The two-part Groundwater Protection Rule, which is based on the Minnesota Nitrogen Fertilizer Management plan that was originated in 1990, regulates nitrogen application in vulnerable groundwater areas. 

Part 1 restricts nitrogen-fertilizer application in the fall and on frozen soils. It applies to areas with vulnerable groundwater and areas where public wells have nitrate concentrations at or above 5.4 milligrams per liter. 

Part 2 aims to reduce nitrate levels in public wells that have elevated concentrations. Under Part 2 of the rule, MDA encourages farmers on cropland near public wells with nitrate levels between 5.4 milligrams per liter and 8 milligrams per liter to voluntarily adopt BMPs. 

Farmers who are certified through the Minnesota Agricultural Water Quality Certification Program are deemed in compliance with any regulation under the Groundwater Protection Rule for the length of their certification. 

To learn more about Minnesota’s Groundwater Protection Rule, visit mda.state.mn.us/nfr.  

If you would like to learn more about the history of the Groundwater Protection Rule and MCGA’s past engagement on this topic, click here.