- (1) Each calendar year, prior to the first application of fertilizer, a landowner subject to this rule shall prepare an annual nitrogen plan that demonstrates that fertilizer will be applied only at the agronomic application rate necessary to support estimated crop yield.
(a) An annual nitrogen plan shall cover the entire growing season and include double-crops and cover crops.
(b) An annual nitrogen plan shall be prepared on a worksheet provided by the department or according to a format otherwise used by the landowner.
(2) Actual conditions may differ from those forecasted in an annual nitrogen plan and so necessitate adjustment of a plan to reflect unanticipated changes in weather, water availability or other agronomic circumstances. A landowner shall document adjustments to an annual nitrogen plan and the reasons for the adjustments.
(3) Proof of certification of an annual nitrogen plan as described in OAR 603-095-5060 shall be submitted to the department by May 1 of each calendar year except that the first proof of certification following the effective date of these rules shall be submitted by May 1, 2027.
(4) A landowner’s inability to follow an annual nitrogen plan may not result in enforcement by the department. However, failure to submit proof of certification of an annual nitrogen plan by May 1 of each calendar year may result in enforcement by the department and conditions that indicate a violation of OAR 603-095-5015(1) or ORS 468B.025(1) may result in enforcement by the department.
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