Regulating Farmer Nutrient Management: A Three‐State Case Study on the Delmarva Peninsula

Growing concern about water quality issues, along with a series of fish kills in 1997, prompted Maryland, Delaware, and Virginia to adopt regulations to reduce nutrient pollution from agricultural nonpoint sources. All three states required farmers to follow a state‐certified nutrient management plan that would “optimize crop yields and minimize environmental losses,” although the policy‐making processes in each state were different. The objective of this political and policy analysis research was to determine if the policy‐making process affected farmer compliance and whether nutrient management practices have improved. Sixty farmers on the Delmarva Peninsula, which includes all three states, who grew corn and used poultry manure as a nutrient source were interviewed, as were 68 policy stakeholders. Analysis of state regulatory agency data indicated that the contentious policy‐making process in Maryland resulted in initially poor administrative compliance (i.e., obtaining a plan), whereas collaborative approaches in Delaware resulted in very good initial compliance. Interviews with farmers indicated good adoption of four practices: possessing a current plan, taking soil and manure nutrient tests, and split‐applying nitrogen fertilizer. Farmers reported poor adoption (60% or less) across all three states of other practices: taking residual nitrogen credits for previous use of legumes or manure, keeping manure‐free setbacks next to surface waters, avoiding manure application in winter, and frequent calibration of manure spreaders. Although nutrient management plans were required, many aspects of implementation and enforcement meant that adherence to plans was largely voluntary. This research helped identify successes, shortcomings, and lessons learned about regulating farmers.