1. (1) A landowner growing agricultural crops or commodities on agricultural land within the LUBGWMA shall employ nitrogen management measures when applying fertilizer.
   (2) Prior to the first application of fertilizer each calendar year, a landowner growing agricultural crops or commodities on agricultural land within the LUBGWMA shall:
   (a) Except as provided in subsection (2)(c), take soil samples consistent with OAR 603-095-5065(1) to determine plant available nitrogen existing in the soil; and
   (b) Consider existing plant available nitrogen levels, plant uptake, and estimated crop yields when making an application of fertilizer.
   (c) A landowner taking post-harvest soil samples pursuant to OAR 603-095-5055(4) need not take pre-planting soil samples but may instead use post-harvest soil sample results to determine pre-planting levels of plant available nitrogen.
   (3) A landowner growing agricultural crops or commodities on agricultural land within the LUBGWMA shall document on a worksheet provided by the department or according to a format otherwise used by the landowner, the following information for each field to which fertilizer is applied:
   (a) The date(s) and location(s) of all fertilizer applications containing nitrogen;
   (b) The weather conditions and soil moisture at the time of application; and
   (c) The agronomic application rate used.
   (4) Records required in section (3) shall be retained by the landowner for ten calendar years and made available to the department upon request.
   (5) A landowner within the LUBGWMA may not apply fertilizer:
   (a) To fields with a frozen surface crust two inches or deeper, or if the soil is at or below zero degrees Celsius (32 degrees Fahrenheit);
   (b) To fields that are snow covered;
   (c) To fields with soils that are or will become saturated with forecasted precipitation prior to infiltration or incorporation;
   (d) If the water table is within 12 inches or less of the surface.
   (6) A landowner growing agricultural crops or commodities on agricultural land within the LUBGWMA may not apply synthetic nitrogen to a field that is bare unless the landowner is preparing the bare field for the current calendar year’s annual crop or cover crop planting and the application is within 60 days of planting.

Statutory/Other Authority

ORS 561.191 & ORS 568.900-933

Statutes/Other Implemented

ORS 568.900-933 & 468B.025(1)

History

DOA 94-2026, adopt filed 03/13/2026, effective 03/13/2026