As of the new year, every farmer stocked at greater than 170kg organic nitrogen per hectare (NPH) is going to have to fence off all drains, streams and rivers on their farms, meaning “thousands of kilometres of new fencing” will be needed around the country, according to Teagasc.

Teagasc advisor Joe Kelleher explained what will change, and why.

“Water quality in Ireland has not being moving in the right direction over the past number of years and we are continuously being told from Europe that if we don’t reverse the trends in water quality, our nitrates derogation could be in jeopardy,” Kelleher said.

These new rules are being introduced as part of a suite of measures to try halt the decline in water quality, and allow Irish farmers retain our nitrates derogation.

From January 1, 2021, every farmer stocked at greater than 170kg organic NPH needs to fence off all drains, streams and rivers on their farms. All water troughs will have to be moved back 20m from watercourses and cattle will only be allowed cross through the stream in exceptional circumstances.

The fencing of watercourses are part of a suite of new rules that are being introduced as part the stricter Nitrates Action Programme and, from January 1, 2021, they will become law and will affect over 12,000 Irish farmers, the advisor said.

“This cohort of farmers also account for one-third of the cattle on Irish farms.

“One of the newer aspects of these rules is that farmers who traditionally exported slurry to come in under the 170kg NPH limit will now also be obliged to adhere to these new rules.”

A farmer’s stocking rate in 2020 will be used to determine who has to follow these new rules and fencing requirements, so decreasing stock or leasing more land next year won’t be enough to get any of the 12,000 plus farmers who will now have to fence every open drain on their farm, the advisor warned.

The rule requires farmers to erect fencing, 1.5m from the top of the bank, alongside every watercourse on the farm.

The definition of a watercourse for the purpose of these regulations includes any waterbody or any drain that eventually leads to a waterbody. This includes any “dry” open drains on the farm that may or may not convey water. The one caveat in the rules is that where an existing fence is within 1.5m of the drain, the farmer will not be required to move this fence.

The requirement not to have a water trough within 20m of an open drain is also being introduced on January 1. This is to prevent direct runoff to watercourses.

The 20m distance is required regardless of there being a roadway or any other barrier between the trough and the waters.

“For farmers on heavier soils who may have drains on all four sides of a field, this could prove awkward to achieve. There may be exemptions where you have very narrow fields. The requirement in this instance is to move the trough away as far as possible from the waterbody,” Kelleher said.

The crossing of cattle through watercourses on these 12,000 or so farms is also being prohibited except in exceptional circumstances. This will require farmers to install culverts or bridges in these situations.

“Farmers should be aware that it is a requirement to contact Inland Fisheries Ireland before doing any works regarding culverts or bridges.

“It is also an offence under the Fisheries Acts to disturb the bed or gravel of streams from mid-September to mid-May where fish may spawn or have already spawned.

“The only situations where cattle will be allowed to continue crossing watercourses will be where the crossing is to an isolated parcel, for very wide streams and where the crossing is very in-frequent.

For dairy farmers crossing a river every 21 days to a parcel of land may not be viewed as infrequent.

“Drinking points are also being banned on these heavily stocked farms and alternative sources of drinking water will have to be provided,” Kelleher concluded.