The Department of Ag have reviewed the Nitrate Derogation regulations to further protect the long term viability of Derogations on farms. There has been a significant amount of changes introduced since last year.
Dairy Farmers
Milk producers must declare their milking platform each year.
If the MP stocking rate is greater than 259 kg organic N/ha, Slurry on the holding must move outside the milking platform or a lower chemical fertiliser allowance will apply as set out in Table 14.
The milking platform stocking rate for the year 2026 will be based on the current year. For subsequent years, it will be based on the preceding year’s milking platform stocking rate
The chemical N allowance on a per hectare basis for the milking platform shall not exceed the holding’s overall chemical nitrogen allowance per hectare basis Table 13.
Arable Farmers
All arable land shall be subject to soil tests and Phosphorous Index 4 shall be assumed until soil tests are taken
Arable land ploughed between 1 July and 30 November, the necessary measures, shall be taken within 14 days of ploughing to provide for emergence of green cover from a sown crop.
No change in Fert allowances on 2025
New derogation applicant they may apply the derogation rate of 214 kg/ha for the 1st year only
Non derogation New entrants the actual current year grassland stocking rate shall be used.
Allowances previously for no stock farmers now available to farmers <=85kg's that sell silage - Table 16
The maximum allowance is based on a total of three cuts of silage being taken for sale off the holding.
The occupier must have written evidence of sale of the silage or hay
Holdings >170kg’s N/ha previous year
Liming programme shall be prepared and implemented
Lime application programme for the farm based on application of the full lime requirement outlined on the soil analysis report within two years of the date of issue of that report, and
where the lime requirement outlined on the soil analysis report exceeds 5 tonnes per hectare the requirement shall be to apply at least 5 t/ha (2T/acre) within two years of the date of issue of that report.
Index 4-No Soils
Holdings that have a previous year grassland stocking rate of 130 kg N/ha or above prior to export of livestock manure, shall take soil tests and shall assume Phosphorous Index 4 until soil tests are taken.
Clover
All new perennial rye grass reseeds on farms shall incorporate at least 1.5 kg/ha of naked clover seed or at least 2.5 kg/ha of pelleted clover seed, except in the case of land that is being reseeded for grazing by equines
P INDEX- slight change -used be 0-3 now 0-3.04 Index 1 - Table 12
Buffer Zones
Chemical fertiliser shall not be applied to land within 3 m of any surface waters
Organic fertiliser or soiled water shall not be applied to land within:
25 m of any borehole, spring or well used for the abstraction of water for human consumption other than a borehole, spring or well
20 m of a lake shoreline
5 m of any surface waters (10m for 2 weeks before and after closed period)
Silage bales may be stored at a max of two bales, and at least 20 m from surface water
Fertiliser/Slurry/FYM Dates Closed:
Cork
Chemical Fert 15th sept to 29th January
Slurry Closed 1 October to 12 January
FYM Closed 1 November to 12 January
Kerry
Chemical Fert 15th sept to 29th January
Slurry Closed 1 October to 15 January
FYM Closed 1 November to 15 January
FARMYARD INFORMATION
Silage effluent tank: 7m3/100 tonnes of silage (160m3)
Soiled Water : 1% solids , <2500 mg BOD (mixed with slurry is slurry)
Soiled water(Non Dairy) 10 days if storage facilities are before 1/1/2015 but 15 days if constructed after 1/1/2015 (1/10/28- 15 days for all)
Storage facilities constructed after 31/3/2009 must be to dept of Ag specs
Reduced storage capacity in certain circumstances:
written contract providing exclusive access to adequate alternative storage capacity located outside the holding
Less than 100kg’s /ha the year before
Max of 85kg’s/ha of stock for the winter period
Slurry storage requirements Dairy cows from October 2028
Change from the current Dairy cow 0.33m3/week changes to 0.40m3/week in Oct 28 (21% increase in slurry storage for Dy Cows)
100 Dairy Cows in Cork – 528m3 Now required in 2026
This farmer will require 640m3 in October 2028 (112m3) extra needed
48ft X 10’ 6” X 8 ft extra tank needed
Dairy Washings Requirements from Oct 2028
Milk producers the minimum storage capacity for soiled water shall be the greatest of:
Maximum no of cows being milked over a 15-day period in Oct/Nov/Jan
Or : No of cows being milked every day in December
All dairy farmers: Change from the current 30 Litres/day to 42.86 Litres/day
Dairy washing tank on farm ?
If no(mixes with slurry) then straight 30L/day to 42.86L/day over the winter period (16 weeks etc), 1.44m3/cow extra storage needed
For farmers with 'Separate Soiled Water Tank option
Type of calving system- Spring calving or Winter
(A) spring calving System (30% less storage needed)
The days storage required go from 31 days to 15 days @ 42.86 L/day
(B) “Winter Milk” -no change in days (43% increase in Volume)
Leave no. of days storage required at 31 days @ 42.86L/day
If you wish to get a derogation plan Contact Us
Nutrient Management Planning is a critical of any farm business , We complete farm Nutrient Management Plans which provides you with information to optimise the use of fertilisers on your farm.
Recent research carried out on over 120 intensive dairy farms indicates that some farmers could save up to €5,000 by following a Nutrient Management Plan. There would be a positive environmental impact from these farmers following the implementation of a NMP.
The Nutrient Management Plan provides you with detailed fertiliser advice based on soil analysis and crop requirements. The starting point for a NMP is to carry out soil analysis for major plant nutrients in order to determine whether there are sufficient resources already present to grow a crop. We can also test the soil in house and provide a very fast turnaround time for soil analysis.
Click here to download the sixth nitrates action programme.
The Nitrate Derogation is now open for applications in 2026. If you would like more information please Contact Us.