Farming rules for water – Will Defra’s review impact your ability to spread manure this autumn?

By Andrew Heskin, Partner and ARA specialist

Farmers are facing uncertainty over the Farming Rules for Water (FRfW) as Defra conducts a rapid review that could change how and when manure can be spread.

Industry bodies, including the NFU and the National Pig Association (NPA), are urging the Government to retain the current statutory guidance, warning that without it, many farms may struggle to comply with the law.

The review has been triggered partly by legal challenges over pollution regulations, putting the rules surrounding manure spreading back in the spotlight.

If the statutory guidance is removed or altered, farmers could face new restrictions that limit autumn manure spreading, potentially leading to financial and operational challenges.

Why are the Farming Rules for Water under review?

The Farming Rules for Water were originally introduced to protect water quality by reducing agricultural pollution.

However, when Defra and the Environment Agency first interpreted these rules in 2021, it appeared that autumn manure spreading could be effectively banned.

This caused a major backlash from farming groups, who argued that such a move was unnecessary and would have serious financial and environmental consequences.

As a result, Defra published new statutory implementation guidance in 2022, which clarified that autumn manure spreading was still permitted as long as farmers could demonstrate that nitrogen applications were based on an annual crop cycle rather than immediate need.

This guidance has been in place ever since, ensuring that farmers could continue to manage manure practically and sustainably without facing enforcement action from the Environment Agency.

However, following a legal challenge by River Action in June 2024, the situation has been thrown into doubt again.

River Action had claimed that the Environment Agency was failing to enforce pollution regulations, particularly in relation to the River Wye.

While the judge dismissed their claim, they did rule that nutrient applications should be planned based on soil and crop need at the time of application, rather than the annual crop cycle.

This ruling has prompted Defra to reconsider whether the statutory guidance aligns with the legal framework.

Adding to the pressure, the Office for Environmental Protection (OEP) has raised concerns that some aspects of the guidance may be unlawful.

What happens if the guidance is removed?

If Defra decides to remove or alter the statutory guidance, it could severely restrict manure spreading in autumn. Without the current flexibility, farmers may find themselves:

Unable to spread manure at the most practical time, leading to storage issues and increased costs.
Forced to change cropping plans, which could affect yields and long-term soil health.
Reliant on artificial fertilisers as an alternative, which may be more expensive and counterproductive to sustainable farming.
Exposed to regulatory enforcement, as the Environment Agency would no longer have clear guidance to prevent unnecessary penalties.

According to the NPA, without the guidance, the FrfW could become unworkable for many farmers, failing to balance environmental concerns with the realities of manure management.

How could this impact farm finances?

A shift in manure spreading rules could have serious financial consequences for farmers. If manure application is restricted or delayed, this could lead to:

Increased storage costs – Farmers would need larger slurry or manure storage capacity to hold material until spring, requiring costly infrastructure investments.
Higher fertiliser expenses – If manure application is limited, many farms would have to purchase more artificial fertilisers, which remain volatile in price.
Operational disruptions – Adapting to new rules could lead to changes in cropping patterns, rotations, and soil management, potentially reducing efficiency.
Enforcement risks – If Defra tightens the rules and removes the guidance, some farms may struggle to comply, leading to fines or other penalties.

What farmers should do now

With the future of the FRfW guidance uncertain, farmers should stay informed and prepare for potential changes. Here’s what you can do now:

Monitor Defra’s decision closely

Defra is currently seeking industry input, so it’s important to follow updates from the NFU, NPA, and other farming organisations.

These bodies are actively lobbying to retain the guidance, and farmers should stay engaged with developments.

Review your manure management strategy

Now is the time to assess your farm’s ability to store manure and consider what adjustments might be needed if autumn spreading becomes more restricted.

Farmers may want to review their cropping plans to ensure they remain compliant under any new rules.

Engage with industry consultations

Defra is seeking feedback from the farming industry, and the more voices that push for practical, workable rules, the better.

Farmers should support lobbying efforts and participate in consultations to ensure their concerns are heard.

Consider alternative fertiliser strategies

If restrictions on manure spreading tighten, it may be worth exploring alternative soil nutrient management approaches.

This could include precision application technologies, cover cropping, or gradual manure application over different periods.

What happens next?

Defra’s response to the OEP and its decision on the statutory guidance will be crucial for the farming industry.

If the guidance remains, farmers will retain the flexibility to spread manure in the autumn under the current framework.

However, if it is removed or significantly changed, many farms may struggle to comply with the regulations, potentially leading to higher costs and reduced efficiency.

For now, the industry is continuing to fight for a practical, evidence-based approach.

While the future of the FRfW guidance remains uncertain, farmers need clarity and workable regulations that allow them to balance sustainability with economic viability.

If you are concerned about how these changes could affect your farm, get in touch today for expert advice.