Soil & Water - Swine Floodplain Buyout

The Department of Agriculture and Consumer Services (NCDA&CS) has partnered with USDA Natural Resources Conservation Service to continue its program to purchase permanent conservation easements on properties within the 100-year floodplain that are currently used for swine production. The purpose of the program is to reduce the potential for pollution from active animal operations by purchasing an owner’s certification to operate a feedlot within the 100-year floodplain.

Eligibility

Eligible operations must be determined to be located within the 100-year floodplain. They must also be subject to the requirements for obtaining a Certificate of Coverage under the Swine Waste Operation General Permit from the Division of Water Resources in accordance with NCGS 143-215.10C(a) and must have been in active use for animal production on or since October 8, 2016.

Program Background

The program has been offered five times since it began in 2000 following devastating flooding from Hurricane Floyd.  The program has been primarily funded by grants from the Clean Water Management Trust Fund and Regional Conservation Partnership Program grant from USDA's Natural Resources Conservation Service.

Participating producers must agree to allow a permanent conservation easement on the land containing the production facilities. The permanent easement will allow continued agricultural use of the property but will contain the following restrictions:

  • Prohibit feedlots within the portion of the tract(s) covered by the easement.  A feedlot means a lot or building (or combination of lots and building) intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which animal waste may accumulate or where the concentration of animals is such that an established vegetative cover cannot be maintained.   The easement would specifically allow continued use of the site for other agricultural production operations such as pasture-based beef production, row-crop/hay production and vegetable farming, but it would prohibit use of the easement area as a spray field for swine waste.  
  • Prohibit non-agricultural development of the portion of the tract included in the easement area.  
  • Require development and implementation of a soil and water conservation plan for the area within the 100-year floodplain.  NCDA&CS and NRCS will provide cost share to reimburse the landowner for a portion of the cost of installation of best management practices included in the plan.  
  • Require implementation of a permanent 50-foot wide forested riparian buffer on all perennial and intermittent streams and a 35-foot grassed filter strip on all field ditches located within or immediately contiguous to the tract(s) covered by the easement, where technically feasible.  NCDA&CS will reimburse the landowner for 100% of the cost of installing the buffer.   
  • Restrict the location of hazardous materials storage (to include fuel and fertilizer) and mixing areas to minimize water pollution potential from leaks, spills and flooding.    

Participation in the buyout requires relinquishment of the facility’s permit and/or waste management plan certification.  As a result, the owner cannot relocate the facility and continue raising swine as an existing operation.  Future swine production outside of the floodplain would be subject to regulations governing new swine operations.

The easement will cover a minimum of twenty (20) acres including the portion of the tract on which the swine production houses and lagoon(s) are located that is within the 100-year floodplain.  In no case will a bid be accepted that does not include within the proposed easement area all swine production facilities and lagoons within the floodplain that are associated with a tract as well as streamside lands on the tract that receive surface drainage from the swine production houses or lagoon(s).

The participating producers will be required to contract to close the lagoon(s) in accordance with established standards of the Natural Resources Conservation Service (NRCS).  NCDA&CS and NRCS will jointly reimburse 100% of the cost of closure provided all sites upon which the lagoon contents are to be applied are within a 3-mile radius of the lagoons.  The applicant is responsible for providing adequate land and crops for lagoon effluent and sludge application required for lagoon closeout and for paying the incremental cost of hauling lagoon contents beyond a 3-mile radius.  The applicant will also be responsible to assure implementation of all requirements in the lagoon closure plan.  All closures will be in accordance with current applicable standards of the Natural Resources Conservation Service.  This is a voluntary program.  The application period for the latest round of swine floodplain buyout program funding has closed.  If additional funding is granted, a new application period will be announced.  

For More Information Contact:
David.B Williams                                                                                                                                                                                 Director                                                                                                                                                                                                     N.C. Division of Soil and Water Conservation                                                                                                                           919.707.3772                                                                                                                                                           david.b.williams@ncagr.gov