State Ag Soil Loss/Erosion Limit Laws

[Doug Thomas]

I would like to query each state as to whether you have an agricultural soil loss limits/soil erosion law on the books? Please respond yes or no. If you respond yes could you provide me with a statutory citation?

Thanks, Doug

[Marc Cribb]

No.

[Gary Moore (VA DCR)]

Virginia has no statuatory requirements assoicated with soil loss.

[Shana Joy]

No for Alaska.

[Earl Yamamoto]

Unsure if this is what you’re looking for…this is Hawaii’s law re: soil erosion
Chapter 180C – Soil Erosion and Sediment Control, Hawaii Revised Statutes.
The primary responsibility to carry out the law is with the counties (Section 180C-2) and the State Department of Health (Section 180C-4)

Here is the link to the Chapter:
http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0180C/HRS_0180C-.htm

[Bill Smith]

Doug,

South Dakota has adopted Soil Erosion and Sediment standards under South Dakota Codified Law (SDCL) 38-8A. SDCL 38-8A-3 directed the South Dakota Conservation Commission to develop state erosion and sediment control guidelines with public input. Those guidelines are set at 1 “T” or less.

SDCL 38-8A also directs the conservation districts to enforce those standards.

Please let me know if you need anything else.

Bill Smith

[Scott Hochhalter]

Hi Doug,

No. North Dakota.
Scott

[Mel Davis]

Texas does not have such a law.

[David Rocque]

Maine does not have a soil erosion law but does have a law that requires farmers to follow best management practices. Excessive erosion from ag land or erosion that was causing sedimentation of a waterbody would be considered to be in violation of that law.

[Kevin Erb]

Wisconsin

ATCP 50.04 (2)
http://docs.legis.wisconsin.gov/code/admin_code/atcp/020/50.pdf

[Brad Spicer]

LA does not a law setting soil loss limits.
Brad

[Greg Foley]

No

(Kansas)

[Mark Clark]

Washington State … no

[James Gillespie]

Yes, for Iowa and this information can be found at this link and the specific Iowa Chapter is 161A.44-161A.46
http://coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&ga=83&input=161A#161A.44

Thank you,

[Mike Thralls]

Oklahoma has no such statute.

[Brent Dykes]

Georgia – NO

[Steven Taglang]

Pennsylvania has a regulatory requirement for soil loss. It is not specified in our Clean Streams Law, but the regulation is enacted under that statutory authority.

For agricultural plowing or tilling activities, the E&S Plan must, at a minimum, limit soil loss from accelerated erosion to the soil loss tolerance (T) over the planned crop rotation.

The requirement is found in 25 PA Code Chapter 102.4(a)(4)(i) http://www.pacode.com/secure/data/025/chapter102/s102.4.html

The complete regulation is found at: http://www.pacode.com/secure/data/025/chapter102/chap102toc.html

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