The facility for approximately 7,000 farmers to submit a nitrates derogation application for the 2026 farming calendar year is now open.

The closing date for 2026 applications, all of which must be submitted online, is Friday 15 May 2026 – the same as the deadline for the Basic Income Support for Sustainability and other area-based schemes.

The nitrates derogation allows farmers to exceed the normal limit of 170kg of organic nitrogen per hectare (N/ha) as set down in the nitrates regulations, up to a maximum of 220kg or 250kg per hectare, subject to adherence to stricter rules.

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These stricter rules have been phased in over recent years through a number of review processes.

For example since the start of 2025 farmers who are a nitrates derogation applicant and who have lands more than 30km from the primary farm holding must declare a higher than normal level of agricultural activity or such lands will be limited to 170kg N/ha.

Under these rules introduced as part of the midterm review of the Nitrates Action Plan, farmers wishing to claim the higher organic nitrogen allowance on this land must be in a position to confirm that the land meets at least one of the following criteria:

  • Rotational grazing system in place on the land in 2026.
  • Active milking facilities on the land and included on the applicant’s 2026 BISS.
  • Active slurry storage facilities on the land and included on the applicant’s BISS.
  • If the land is solely being cut for forage and/or used for arable cropping, slurry movement(s) to this land took place during 2026.
  • Additionally, the department also reminded farmers that commonage lands can only qualify for a maximum allowance of 50kg N/ha.

    Further details included in the terms and conditions can be found at www.gov.ie/nitrates

    N and P statements

    Nitrogen and phosphorus statements are a key tool in farmers monitoring the level of N/ha produced.

    These statements are available on the Department’s MyAgfood.ie portal and detail each holding’s bovine grassland stocking rate for 2025.

    The new portal also allows farmers to plan ahead and adjust land area, stock numbers etc and see what effect this has on the farm’s stocking rate.

    While on the subject the stocking rate for 2025 is a key factor in determining each farm’s grassland fertiliser allowance for 2026.

    2026 dairy band

    The Minister for Agriculture Martin Heydon also confirmed that the Irish Cattle Breeding Federation (ICBF) website has opened to facilitate dairy farmers to confirm its Dairy Band for 2026.

    “After 15 May, dairy farmers who have not confirmed their herd’s band for 2026 will be defaulted to the highest excretion rate band of 106kg N/dairy cow for 2026, until they submit appropriate information to the Department to confirm their herd’s band. The deadline for such submissions is the 31st of December.”

    As part of the banding declaration on the ICBF website, dairy farmers can also, if desired, opt in to receive recognition for managing crude protein in the concentrate fed to their cows last year. The level of crude protein in concentrates fed to cows in 2026 will influence the 2027 excretion rate figure.

    The department advises that the above declarations are “best done through the ICBF website which contains pre-populated milk and dairy cow data. Farmers are advised to use either a laptop or PC to confirm their band on ICBF. Where a dairy farmer has not consented to their milk purchaser sharing their data with ICBF, these farms will need to complete a manual form and provide supporting milk purchaser statements.”

    Significant milestone

    In announcing the opening of the online system on Tuesday, Minister Heydon said: “The nitrates derogation allows approximately 7,000 farmers to farm at a higher stocking rate, subject to additional terms and conditions designed to protect our watercourses. Opening the 2026 nitrates derogation is a significant milestone for me as Minister for Agriculture, having secured a three-year extension to the derogation towards the end of last year. I encourage farmers to discuss their need to apply for a nitrates derogation with their agricultural advisor as soon as possible.”

    NAP changes

    Minister Heydon also stated that his department is writing to dairy farmers this week to remind them of changes introduced under the sixth Nitrates Action Plan. These relate to the new milking platform measure where farmers must balance the level of nutrients applied to the milking platform while the Minister is also reminding farmers about the increased slurry and soiled water storage requirements which come in to play on 1 October 2028.

    He said: “As farmers carry out busy spring work, it is important that they are aware of the possible need to record movement of slurry off the milking platform and engage with their agricultural advisor, where appropriate, regarding the new rules.

    “As organic nutrient storage requirements will be increasing in 2028, farmers should take the opportunity to put a plan in place regarding planning permission and finance where necessary.”