wv-wv-18485: 61-06D — Nutrient Management Certification

6/9/2026 3:41:53 PM Office of West Virginia Secretary Of State NOTICE OF PUBLIC COMMENT PERIOD AGENCY: Agriculture TITLE-SERIES: 61-06D RULE TYPE: Legislative Amendment to Existing Rule: Yes Repeal of existing rule:No RULE NAME: Nutrient Management Certification CITE STATUTORY AUTHORITY: §19-15-12 COMMENTS LIMITED TO: Written DATE OF PUBLIC HEARING: LOCATION OF PUBLIC HEARING: DATE WRITTEN COMMENT PERIOD ENDS: 07/09/2026 12:00 PM COMMENTS MAY BE MAILED OR EMAILED TO: NAME: Amie Minor 1900 Kanawha Boulevard, East ADDRESS: Charleston, WV 25305 EMAIL: rulescomments@wvda.us PLEASE INDICATE IF THIS FILING INCLUDES: No RELEVANT FEDERAL STATUTES OR REGULATIONS: (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) INCORPORATED BY REFERENCE: No (IF YES, PLEASE UPLOAD IN THE SUPPORTING DOCUMENTS FIELD) PROVIDE A BRIEF SUMMARY OF THE CONTENT OF THE RULE: This rule describes the WV Dept of Agriculture's certification program for persons that prepare and update nutrient management plans. When a nutrient management plan is prepared for a farm, it indicates how essential primary nutrients, this nitrogen, phosphorus and potassium are to be managed on farm fields for crop or forage production and for the protection of water quality. Plans contain recommendations to farmers based on expected crop yield, existing nutrient levels in the soil, organic residuals, recommended stored manures, bio solids and compost, optimum timing and placement of nutrients, environmental protection and normal farming practices such as liming, tillage, equipment calibration and crop rotation. The Dept shall certify qualified persons to prepare these plans. SUMMARIZE IN A CLEAR AND CONCISE MANNER CONTENTS OF CHANGES IN THE RULE AND A STATEMENT OF CIRCUMSTANCES REQUIRING THE RULE: Adding a sunset provision, changes to definitions, technical corrections, updates to exam section 5, updates to the certification renewal process in section 7 SUMMARIZE IN A CLEAR AND CONCISE MANNER THE OVERALL ECONOMIC IMPACT OF THE PROPOSED RULE: A. ECONOMIC IMPACT ON REVENUES OF STATE GOVERNMENT: n/a B. ECONOMIC IMPACT ON SPECIAL REVENUE ACCOUNTS: n/a C. ECONOMIC IMPACT OF THE RULE ON THE STATE OR ITS RESIDENTS: n/a D. FISCAL NOTE DETAIL: Effect of Proposal Fiscal Year 2026 2027 Fiscal Year (Upon Increase/Decrease Increase/Decrease Full (use "-") (use "-") Implementation) 1. Estimated Total Cost 0 0 0 Personal Services 0 0 0 Current Expenses 0 0 0 Repairs and Alterations 0 0 0 Assets 0 0 0 Other 0 0 0 2. Estimated Total 0 0 0 Revenues E EXPLANATION OF ABOVE ESTIMATES (INCLUDING LONG-RANGE EFFECT): n/a BY CHOOSING 'YES', I ATTEST THAT THE PREVIOUS STATEMENT IS TRUE AND CORRECT. Yes Amie J Minor -By my signature, I certify that I am the person authorized to file legislative rules, in accordance with West Virginia Code §29A-3-11 and §39A-3-2. 61CSR6D TITLE 61 LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF AGRICULTURE SERIES 6D NUTRIENT MANAGEMENT CERTIFICATION '61-6D-1. General. 1.1. Scope. -- This legislative rule describes the West Virginia Department of Agriculture=s certification program for persons that prepare and update nutrient management plans. When a nutrient management plan is prepared for a farm, it indicates how essential primary nutrients, that is, nitrogen, phosphorus, and potassium, are to be annually managed on farm fields for crop or forage production and for the protection of water quality. Plans contain recommendations to farmers based on expected crop yield, existing nutrient levels in the soil, organic residuals, recommended stored manures, bio-solids and compost, optimum timing and placement of nutrients, environmental protection and normal farming practices such as liming, tillage, equipment calibration and crop rotation. The Department shall certify qualified persons to prepare these plans. 1.2. Authority. -- W. Va. Code '19-15-12. 1.3. Filing Date. -- April 19, 2012. 1.4. Effective Date. -- July 1, 2012. 1.5. Sunset Date. -- This rule shall terminate and have no further force or effect on August 1, 2036. '61-6D-2. Definitions. 2.1. A”Certified nutrient management planne”r@ means a person certified by the Department under this subtitle to prepare and update a nutrient management plan in the state of West Virginia. 2.2. A”Field identification number”@ means a number used by a farmer or operator to distinguish or pinpoint the location of a field or management unit on a farm. 2.3. A”Nutrient content”@ means the percentage of any primary nutrients such as N (Nitrogen), P (Phosphorus), K (Potassium) and secondary nutrients such as Ca (Calcium), or Mg (Magnesium) in any type of source of plant nutrients. 2.4. A”Nutrient management plan”@ or Aplan@ means a plan prepared by a certified nutrient management planner to manage the amount, form, placement, timing, and application of commercial fertilizers, animal manures, bio-solids, or other plant nutrients in order to prevent pollution and to maintain soil productivity. 2.5. A”Primary crop nutrient needs”@ mean the primary nutrient requirements of a crop determined as poundsofnitrogen(N),availablephosphate(P205)andsolublepotash(K20)andapprovedlimingmaterials required for production of a crop yield unit such as a bushel of corn or a ton of hay. 1 61CSR6D 2.6. A”Watershed code”@ means the USGS numeric code hydrologic unit code (HUC) used by the State to identify a hydrologic unit area. This number will be reported at the 12-Digit HUC scale. '61-6D-3. Certification Requirement. 3.1. Unless certified by the Department, under this rule a person shall not act as a certified nutrient management planner. '61-6D-4. Certification Application and Examination Requirement. 4.1. To apply for the examination to be certified as a nutrient management planner, an applicant shall file the following with the Department at least thirty (30) days prior any announced examination: 4.1.a. A completed application on forms provided by the Department; 4.1.b. Proof of meeting one of the following: 4.1.b.1. Five (5) years of nutrient management practical experience working with farmers if one has and an unrelated degree or no degree or a degree in an unrelated field; 4.1.b.2. Three (3) years of practical experience and a two (2) year associates degree in an agricultural related field; or 4.1.b.3. One (1) year of experience and a baccalaureate degree in an agricultural related field (Agriculture or Natural Resources); 4.1.c. Currentorformeremployerswho supervisedtheapplicant=snutrientmanagementactivities shall provide verification on Department forms. Nutrient management experience will be listed as a percentage of the time the individual performed actual nutrient management activities. '61-6D-5. Examination. 5.1. The Department shall offer a certification examination for nutrient management planners once a year on the first Friday of February. The Department may add additional certification examination dates at its discretion. The Department shall may give sixty (60) days public notice of the time and place for each examination. 5.2. The Department may provide required preparatory training or a list of study materials before any examination is given. 5.3. The Department shall allow a candidate who fails a certification examination to make application to take the exam at the next scheduled exam date or any exam date thereafter. '61-6D-6. Certification. 6.1. The Department shall certify any person as a nutrient management planner who: 6.1.a. Meets the requirements of this rule; 2 61CSR6D 6.1.b. Passes the Department certification examination. '61-6D-7. Certification Renewal. 7.1. The Department shall issue nutrient management certificate for two (2) years and may renew it at the end of the second year if the certificate holder meets the requirements of this section. However, the Department shall revoke a nutrient management certification after the first year if the certificate holder does not submit an annual activity report as described in 7.1.c of this section. 7.1.a. The certificate holder shall submit a renewal application on the form provided by the Department which provides and provide proof of the satisfactory completion within the past two (2) years of at least the required twelve (12) eight (8) hours of continuing education, workshops, or other training programs that have been pre-approved by the Department. To facilitate certificate holders to gain the twelve (12) hours of training the Department shall provide a minimum of six (6) hours continuing education training annually. 7.1.b. The certificate holder shall submit, on the form required by the Department, an annual activity report on nutrient management plans by December January 31. The annual report shall include but is not limited to: 7.1.b.1. The name and certification number of the certificate holder; 7.1.b.2. The USGS 12 digit Watershed Code for each of the nutrient management plan(s) written; 7.1.b.3. County Name in which each the nutrient management plan(s) was written; 7.1.b.4. The number of acres in each the nutrient management plan(s), animal units, and amount of nutrients under improved management. '61-6D-8. Revocation of Nutrient Management Certification. 8.1 The Department shall revoke a nutrient management certificate if the certificate holder has: 8.1.a. Not submitted the annual report required by 7.1.b of this rule; 8.1.b. Not submitted renewal form as required by 7.1.a of this rule; 8.1.c. Not met the continuing education criteria as outlined in 7.1.a of this rule; 8.1.d. Falsified any document related to the Nutrient Management Program; 8.1.e. Misrepresented certification; or 8.1.f. Violated any applicable federal or state laws and rules. 3