Livestock Regulations

Regulations concerning livestock are typically administered by the Washington State Department of Agriculture. The Department of Agriculture provides information on appropriate management practices and on the regulations affecting the keeping of livestock. The Livestock Nutrient Management Program focuses on protecting water quality from potential pollution from livestock.

Reducing water pollution from livestock is a primary target of federal and state livestock regulations. Pollutants (referred to as 'nutrients') from dairies, poultry and other livestock operations are regulated through the U.S. Environmental Protection Agency's (EPA) implementation of the Clean Water Act and are currently co-administered at the state level by the Washington Departments of Agriculture and Ecology. Recent changes in rules adopted by the EPA concerning water quality and livestock require the Washington Departments of Agriculture and Ecology to modify their regulations. Under the new rules, certain livestock owners may now be required to obtain a National Pollutant Discharge Elimination System (NPDES) permit and a State Waste Discharge General Permit. The permits are still under development by Ecology.

Will my livestock require a permit?

An operation defined as a Concentrated Animal Feeding Operation (CAFO) is considered a point source of pollution and regulated under federal and state laws and permitting processes. The permit is required for the discharge of wastewater into waters of the state. Under the permit, manure must be managed to prevent the pollution of waters and livestock must be kept out of surface water. Management plans must also be developed and reports submitted annually.

For an initial determination of whether these permit regulations will apply to you, review the following questions formulated by the Washington State University Extension Service:

Do you have an Animal Feeding Operation (AFO)?

1. Does your livestock operation house or feed animals in a confined area for more than 45 days in any 12-month period? Note that this means ANY portion of a single day for a total of 45 days, not necessarily consecutive, in ANY 12 month period.

2. Does the animal confinement area sustain crops, vegetation, forage growth or post-harvest residues during the normal growing season? Note that occasional weeds are not considered "vegetation".

If you answered YES to question 1 and NO to question 2, your facility is probably an AFO. Continue to questions 3 and 4 to help determine if your facility might be a Concentrated Animal Feeding Operation (CAFO):

Do I have a Concentrated Animal Feeding Operation (CAFO)?

3. Does your facility have areas where animal manure or wastewater can discharge or travel by pipe or ditch to "waters of the state"? "Waters of the state" include any river, stream, creek, lake, ditch, irrigation canal or other surface waterway and groundwater.

4. Does your facility have a waterway that moves throu8gh or next to your confinement area that comes in contact with animals or manure?

If your operation is an AFO and you answered YES to either question 3 or 4, your operation could be designated a CAFO and subject to permit requirements.

For more information and assistance:

The Washington State University Extension Service has prepared a brochure concerning AFO/CAFO regulations that includes the above assessment questions along with additional information and links on livestock permits. WSU also cooperated with other agencies in the development of a self assessment tool to determine the risk your livestock operation may pose to water quality.

The Department of Ecology's website includes Livestock Nutrient Management Information that covers issues of livestock permitting. Ecology has also produced a fact sheet entitled Managing Livestock Nutrients that discusses the issue, and the purpose and conditions of the permit requirements.

The Spokane County Conservation District can provide additional information concerning AFO/CAFO regulations and other livestock issues, and can provide technical assistance in developing management plans to address risk factors associated with livestock and manure. Contact Ty Meyer at (509) 535-7274.

The Natural Resources Conservation Service provides a extensive resources, including information on handling animal waste and grazing and pasture techniques.

The U.S. Environmental Protection Agency provides complete information on the CAFO rules, including a series of brochures for various types of animal feeding operations. EPA has also prepared The Producers' Guide that includes sections describing EPA's CAFO regulations, who they affect, what they require, and what assistance is available.

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