Dairy farmers are being urged to act now, with the closing date for 2026 nitrates derogation applications fast approaching.

Applications must be submitted by Friday, May 15, 2026, and missing the deadline could have major implications for farm stocking rates and compliance.

By applying for a nitrates derogation, a herd owner is applying for permission to apply livestock manure (organic) nitrogen at a level in excess of 170 kg Nitrogen/hectare (N/ha).

The 2026 nitrates derogation permits a stocking rate of up to 250 kg livestock manure N/ha in some areas.

The Department of Agriculture, Food and the Marine (DAFM) has outlined that if a derogation applicant exceeds their applicable whole farm Organic N limit under the derogation, this will result in rejection of their nitrates derogation.

In addition to this the department has advised farmers that if a holding is rejected from nitrates derogation the 170kg Organic N/ha limit "will be applicable and the herdowner will incur a penalty if non-compliance occurs".

Nitrates derogation applications can be made online via MyAgFood.ie

General nitrates derogation terms and conditions

Farmers must be farming a holding that is at least 80% grassland to apply for a derogation.

They must also have grazing livestock – the derogation is only available in respect of grazing livestock.

All applicants for derogation must also apply for the 2026 BISS Scheme.

Applicants that do not have a 2026 BISS application, will be rejected and maybe subject to a cross-report for inspection bythe relevant Local Authority.

The reference area of each parcel on a farmer's BISS application will be used to determine the eligible holding, grassland andcommonage areas.

The business ID of the Nitrates Derogation applicant must be thesame as that used for their BISS application in 2026.

Dairy farmers must declare their milking platform area on their 2026 BISS application.

If a milking platform stocking rate is >259 kg organic N/ha the holding must move organic nutrients outside the milking platform and/or adhere to a lower milking platform chemical nitrogen allowance.

The maximum derogation stocking rates for a holding can range from 220 kg organic N/ha to 250 kg organic N/ha - maps are available to view in relation to this online via DAFM's website.

Land parcels greater than 30km from the derogation farm hub may be subject to a maximum limit of 170 kg organic N/ha.

All commonage areas are subject to a maximum limit of 50 kg organic N/ha.

Among the key terms and conditions in relation to a nitrates derogation is that farmers cannot import livestock manure even in processed form, (e.g. digestate) and nonfarm organic substances such as sewage sludge, industrial by-products and sludges or residues from fish farms.

Livestock manure cannot be spread before grass reseeding or cultivation after August 1, until the end of the closed period in addition to this:

At least 50% of the slurry on the holding must be spread before the June 15, 2026;
All slurry generated on a holding prior to October 1 must be applied before October 1, 2026.

DAFM is also reminding farmers that they need to be aware that "associated documentation" must be submitted in support of every nitrates derogation application unless the documents were submitted to the department in 2023, 2024 or 2025 and remain valid for 2026.

The required documentation includes:

Nutrient management plan;
Soil analysis results;
Farm map;
Farmyard sketch.

Farmers applying for a nitrates derogation must also be registered on the National Fertiliser Database.

From September 15 up to October 15 2026 each applicant must also submit details of closing stocks of chemical fertiliser and lime that were on their holding at 23.59 on September 14, 2026 including “Nil Closing Stock” where appropriate.

All applicants will be required to complete a new training programme in grassland management by the end of 2027 and are required to meet a number of grassland management requirements including recording the grass produced annually on the farm through DAFM-accepted software technology.

All farmers in derogation must adopt "at least one measure" from the following list of actions from the All-Ireland Pollinator Plan.

Dairy cow band

Farmers are also being reminded that the dairy cow band must also be confirmed for 2026 through the Irish Cattle Breeding Federation's (ICBF's) website before May 15, 2026.

Farmers will be able to declare what crude protein is in their concentrates fed to the their cows across the year, which can bring down their excretion rate/cow.

But after May 15, dairy farmers who have not confirmed their herd’s band for 2026 will be defaulted to the highest excretion rate band of 106kg of nitrogen per dairy cow for 2026, until they submit appropriate information to DAFM to confirm their herd’s band.