VAAFM files adopted subsurface tile drainage water quality rule

MONTPELIER, Vt. — On Thursday, Nov. 8, the Vermont Agency of Agriculture, Food & Markets (VAAFM) filed the adopted rule amendment to the Required Agricultural Practices (RAPs) with the Legislative Committee on Administrative Rules (LCAR) and the Secretary of State (SOS). The amendment includes requirements for reducing nutrient contributions to waters of the state from subsurface tile drainage on agricultural fields.The new rule will become effective Nov. 23.

Subsurface tile drainage removes excess water from agricultural soils below the surface, usually through a system of plastic piping (image attached). The rule amendment was adopted on Nov. 8 and will take effect on Nov. 23. The requirements of the rule amendment include the required installation of rodent guards on subsurface tile drainage outlets installed or modified after Jan. 1, 2019, the prohibition of new installation of surface inlets located within or next to cropland following the effective date of the amendment, and other provisions focused on reducing nutrient losses from subsurface tile drainage.

The formal rule amendment process began in January 2018 when the agency pre-filed the proposed amendment with the Interagency Committee on Administrative Rules (ICAR). ICAR reviewed an amended pre-filing set on Feb. 12. VAAFM made several recommended changes and formally filed the proposed rule on Feb. 28. Prior to initiating the formal rule amendment process, the agency was engaged in various discussions and nine meetings to gather feedback pertaining to the content of the amendment, involving 190 attendees that provided insight as the rule amendment process began.

Following the filing of the proposed rule, the agency held a public comment period which ran from Feb. 28 through April 20. During this time frame, the agency held three public hearings in St. Albans, Montpelier, and Middlebury to gather additional feedback on the proposed rule, in which 33 interested individuals attended. Overall, the agency received over 50 written and emailed comments on the proposed rule amendment. The final proposed rule was filed with LCAR on Aug. 21. The agency attended three LCAR review hearings on Sept. 6 and 20, and Oct. 18, 2018. On Oct. 18, 2018, the LCAR voted 8-1 to approve the subsurface tile drainage rule amendment.

The adopted rule amendment, an updated RAP Rule, the responsiveness summary to public comments received, and other pertinent information can be found at: agriculture.vermont.gov/rap-tile-rule

For more information on agricultural subsurface tile drainage, please see the Vermont Subsurface Agricultural Tile Drain Report prepared by VAAFM and the Vermont Agency of Natural Resources: agriculture.vermont.gov/sites/ag/files/pdf/water_quality/Research/TD-Report/Vermont-Subsurface-Agricultural-Tile-Drain-Report-01312017.pdf

Please direct any questions regarding the proposed amendment or the RAPs to [email protected] or call (802) 272-0323.