The Florida Department of Environmental Protection (FDEP) develops total maximum daily loads (TMDLs) for water bodies that have been found to be impaired. The TMDL is a determination of the maximum amount of a pollutant (such as a nutrient) that a water body can receive and still meet the water quality standards that protect human health and aquatic life. To implement a TMDL, FDEP establishes basin management action plans (BMAPs), which identify all known contributors of the pollutant within a BMAP and assigns load reductions for the pollutant. A BMAP also identifies strategies to address the pollutant reductions required to achieve the TMDL. “Nonpoint source” contributors (ones where you cannot point at an actual discharge point), like agriculture, are responsible for implementing rule-adopted BMPs to help achieve water quality standards within BMAPs. Therefore, any agricultural producers within a BMAP area must enroll in the FDACS BMP program and properly implement applicable BMPs or conduct water quality monitoring prescribed by FDEP or the water management district to show that they’re meeting state water quality standards.

• Rule Chapter 5M-1, Florida Administrative Code (F.A.C)
• Conservation Plans for Specified Agricultural Operations: Rule 5M-12, F.A.C., Notice of Intent [ Adobe PDF Document ]
• Aquaculture: Rule 5L-3, F.A.C.
• Silviculture: Rule 5I-6, F.A.C. 

Note: When enrolling, FDACS OAWP representatives will work with producers during an enrollment site visit. 

How to enroll:

1. Request On-Farm Technical Assistance. Contact FDACS OAWP representatives for assistance with determining the BMPs that are applicable to the operation. For free assistance, call (850) 617-1700, email AgBmpHelp@FDACS.gov, or contact a regional FDACS OAWP office.

2. Identify Applicable BMPs. FDACS OAWP representatives will work with producers to identify all BMPs that are applicable to the operation and to document the BMPs on the Notice of Intent to Implement BMPs (NOI) and BMP Checklist. The BMP Checklist will serve as the basis for subsequent implementation verification site visits to verify the proper implementation of the BMPs. If applicable, FDACS OAWP representative will review other supporting materials, such as a Natural Resources Conservation Service (NRCS) Comprehensive Nutrient Management Plan or FDEP-approved Nutrient Management Plan for biosolids application. 

Enrollees under an equivalent program listed in Rule 5M-1.001(7), F.A.C., will complete, update and submit their NOI in accordance with Rule 5M-1.004(3), F.A.C.

3. Submit an NOI. FDACS OAWP representatives assist producers in completing the NOI. Once the producer signs and submits the NOI with all the required information and the BMP Checklist, or documentation required of equivalent program enrollees in accordance with 5M-1.004(3) or (4), F.A.C., FDACS will review the information for completeness and enroll the producer's operation in the BMP Program.

4. Properly Implement the BMPs. Producers must properly implement all applicable BMPs as soon as practicable, but no later than 18 months after completion and execution of the NOI and associated BMP Checklist. 

BMPs indicated as “Planned” in the BMP Checklist must include a completion date. Enter the completion date agreed to by the producer and FDACS OAWP representatives in the “Planned” box. Projects must be initiated as soon as the BMP is identified and cost share is available. The deadline for implementing BMPs that require cost sharing, engineering and design, permitting or construction will be extended beyond 18 months, as needed. The proper implementation of BMPs requires ongoing recordkeeping and maintenance of BMPs (see the Recordkeeping section below).

Proper implementation of the applicable nutrient management BMPs also requires that producers demonstrate that nitrogen and phosphorous are applied at appropriate agronomic rates, when available. Producers should utilize the appropriate calculations and technical assistance tools to demonstrate that nutrient management practices are compatible with appropriate agronomic rates.

For enrollees under an equivalent program listed in Rule 5M-1.001(7), F.A.C., implementation verification shall be undertaken by the agency that issued the permit, license or other instrument, pursuant to its statutory and/or rule authority.

1. Review the BMP manual and note any questions you have regarding specific BMPs, unfamiliar terms or content. Be ready to confirm the parcels of land to be enrolled in the BMP Program to ensure the accuracy of the information that will be submitted on the NOI.
2. During the site visit, FDACS OAWP representatives will assist the producer in identifying potential pollutant sources and the most likely pathways to surface waters and groundwater. Representatives may ask to review previous soil tests, past fertilization practices and other data to help with identification.
3. The FDACS OAWP representative will observe production-related activities near water resources such as wetlands, streams, sinkholes, springs, ponded or poorly drained areas, and any conveyances that discharge off site, and will discuss the BMPs that apply to these areas. Having a preplanned route will make the assessment and enrollment process more efficient. The following resources can be helpful for creating an inventory of the property’s natural features, structures and other improvements. The reference material listed below is for informational purposes and is not incorporated by reference:
   1. NRCS Soil Survey Maps
   2. U.S. Geological Survey Topographic Maps
   3. National Wetlands Inventory
   4. County Property Appraiser
4. Make sure that someone who is familiar with the nutrient and irrigation regimen of the operation is available on the day of the enrollment site visit.

Enrollees who submit a BMP Checklist must document the proper implementation of the applicable BMPs, and producers must keep records in accordance with Rule 5M-1.011, F.A.C., for BMPs noted with the pencil icon on the BMP Checklist. Examples of records to be kept include the rates and locations of all nitrogen and phosphorous applications and all soil test results. All BMP records should be accurate, clear and well organized. Recordkeeping examples are provided in Appendix 3 but are not adopted as a rule.

Enrolled producers must retain the applicable records for at least five years. Enrolled producers shall use the Nutrition Application Record Form [ Adobe PDF Document ], incorporated by reference in Rule 5M-1.008(4), F.A.C., or a substantially similar form that meets the criteria therein, to aggregate nutrient records. Enrolled producers are required to provide records regarding the application of nitrogen and phosphorous fertilizers on the enrolled property parcel to FDACS. The Nutrient Application Record Form will be collected and retained by FDACS during an implementation verification site visit every two years. Producers must maintain aggregate records in electronic or digital form unless justification is provided as to why the use of electronic or digital recordkeeping is not feasible. Although OAWP has developed a producer recordkeeping tool that may be used, it is not the only tool that can be used to meet this requirement.

All documentation required to verify the proper implementation of applicable BMPs is subject to inspection. Please note that falsification of records is a first-degree misdemeanor under Florida law.

In accordance with Section 403.067(7)(c)6., F.S., agricultural records relating to processes or methods of production, costs of production, profits, other financial information, or nitrogen and phosphorous fertilizer application records collected by FDACS during implementation verification are confidential and exempt from disclosure. Any such claim must be asserted at the time of submission by stamping the words “confidential and exempt information” on each page containing such information so that FDACS may handle it appropriately. 

Florida law requires FDACS to conduct an implementation verification (IV) site visit at least every two years to ensure that agricultural landowners and producers are properly implementing the applicable BMPs identified in their NOI. An IV site visit includes: review of nutrient records that producers must maintain to demonstrate compliance with the BMP Program; verification that all other applicable BMPs are being properly implemented; verification that cost share practices are being properly implemented; and identification of potential cost share practices, projects or other applicable BMPs not identified during enrollment. During the IV site visit, FDACS representatives also identify opportunities for achieving greater nutrient, irrigation, or water resource management efficiencies, including opportunities for water conservation.

FDACS must retain certain records pertaining to the application of nitrogen and phosphorus fertilizer from enrolled producers during IV site visits. OAWP adopted a Nutrient Application Record Form, FDACS-04005, rev. 06/24, incorporated in Rule 5M-1.008(4), F.A.C., to help simplify the recordkeeping requirement. Download the Nutrient Application Record Form [ Adobe PDF Document ]. The form is also available from FDACS staff. References to implementation verification apply to equivalent program enrollments only to the extent provided in Rule Chapter 5M-1, F.A.C.

View maps that show agricultural BMP enrollment acreage statewide and by each water management district. 

• Statewide Enrollment Map