Soil Erosion: Protect soil through appropriate measures
-Minimum soil cover-

Measure

Advisory Guidelines / Good Practice

1 All cropped land over the following winter must, where soil conditions after harvest allow, have either: crop cover, grass cover, stubble cover, ploughed surface or a roughly cultivated surface. Fine seedbeds must only be created very close to sowing.

Under arable cropping, there are measures available to you to prevent soil erosion over the winter period.

A roughly cultivated surface is one created by use of discs or tines.

Soil Erosion: Protect soil through appropriate measures
-Minimum land management reflecting site-specific conditions-

Measure

Advisory Guidelines / Good Practice

2 In areas prone to wind erosion you must take steps to reduce the risk of soil loss in spring by maintaining crop cover, using coarse seedbeds, shelter belts or nurse crops, or use other appropriate measures with an equivalent effect.

You should undertake all or some of these measures if there is a risk of soil erosion by the wind. Consideration should be given to using minimum cultivation techniques and mulches.

3 On sites where capping is a problem you must form a coarse seedbed or break any cap that forms to avoid erosion.

A capped surface is defined as: those conditions which occur particularly in fine sandy and silty soils where soil particles run together when wet and dry out so as to form a crust. As a result water infiltration is reduced to the point where there is observable run-off, the formation of rills and gullies and/or soil deposition at the sides of fields, on roads or in watercourses and ditches.

Soil Erosion: Protect soil through appropriate measures
-Minimum land management reflecting site-specific conditions-

Measure

Advisory Guidelines / Good Practice

4 (i) Prevent erosion of land, particularly, banks of watercourses, watering points and feeding areas from overgrazing, heavy trampling or heavy poaching by livestock.
(ii) Where this occurs reduce stock until the land has recovered. All problems should be rectified at any time during the next growing season after the period that the problem has occurred.
(iii) This measure does not apply to areas within 10m of a gateway and 3m of farm tracks necessarily used during wet-periods.

Sacrificial feeding areas may be more desirable on improved grassland/arable land providing the risk of soil erosion is very low.
Heavy poaching means the cutting up of turf to a significant degree from trampling by livestock.
When supplementary feeding outdoors, it will often be preferable to rotate feeding sites and make sure feeding rings are suitably positioned i.e. well away from watercourses and not on ground sloping towards a watercourse.
Grazed forage cropped fields that have been poached should be ploughed or sown as ground conditions allow.
On peaty soils this action will need to be taken earlier than on other soils due to the fragile nature and increased susceptibility of the soil to erosion.
Whilst the measure does not apply to areas within 10m of a gateway and 3m of farm tracks every effort should be made to minimise any effect of soil erosion. For example, in severe weather conditions, consideration should be given to the use of an alternative gateway.

5 (i) Maintain functional field drainage systems, including clearing ditches, unless environmental gain is to be achieved by not maintaining field drainage systems.
(ii) Where environmental gain is to be achieved, this must be declared on the IACS return.

An example of environmental gain would be the creation of wetland grazing areas.
The timing of maintenance should be considered so as to minimise the impact on flora and fauna i.e. during late summer or early autumn.
Consideration should be given to only clearing one side of the ditch or leaving vegetation breaks within the ditch to maintain wildlife corridors.

Soil Erosion: Protect soil through appropriate measures
-Minimum land management reflecting site-specific conditions-

Measure

Advisory Guidelines / Good Practice

6 Follow the latest edition of the Muirburn Code.

Compliance with the Muirburn Code including guidance on the statutory controls on Muirburn will help to avoid extensive erosion on steep sites through burning.
A copy of The Muirburn Code can be obtained from SEERAD and SNH local offices or from the Scottish Executive website.

Soil Organic Matter: Maintain soil organic matter levels through appropriate practices
-Standards for crop rotations where applicable-

Measure

Advisory Guidelines / Good Practice

7 On arable land:
(i) Use suitable break crops in an arable rotation; or
(ii) Optimise the use of organic materials by basing rates of application on soil and crop needs. Where break crops are not used, a record should be kept for 5 years of organic materials and quantities applied to arable land.

The Prevention of Environmental Pollution from Agricultural Activity (PEPFAA) code of good practice gives guidance on this measure.
Match organic manure spreading rate to the nutrient requirement of the crop and the needs of the planned crop rotation.
Where straw is to be incorporated it should be done evenly. Ideally this should be chopped straw.

Soil Organic Matter: Maintain soil organic matter levels through appropriate practices
-Arable stubble management-

Measure

Advisory Guidelines / Good Practice

8 (i) Incorporate livestock manures within 2 weeks after spreading on stubbles.
(ii) In areas prone to wind erosion, incorporation of livestock manures can be delayed.

Well timed incorporation of livestock manures can help to maintain Soil Organic Matter and guard against nutrient loss.
The PEPFAA code of good practice gives guidance on this measure.

Soil Structure: Maintain soil structure through appropriate measures
-Appropriate machinery use-

Measure

Advisory Guidelines / Good Practice

9 Do not carry out any cultivations if water is standing on the surface or the soil is saturated.

By avoiding field cultivations in wet conditions, erosion, compaction and rutting of the soil will be avoided. Minimise frequent vehicle movements over the same area of land, especially when soil conditions are wet. Consider the use of low ground pressure tyres, dual wheels or tracked vehicles to minimise soil compaction.
Cultivation means to prepare for planting and sowing. Saturation is indicated by the appearance of water from the soil when pressure is applied e.g. from the equivalent of a footprint. The PEPFAA code of good practice gives guidance on this measure.

Minimum Level of Maintenance: Ensure a minimum level of maintenance and avoid the deterioration of habitats
-minimum livestock stocking rates or/and appropriate regimes

Measure

Advisory Guidelines / Good Practice

10 (i) Avoid undergrazing at a level where the growth of scrub or coarse vegetation is detrimental to the environmental or agricultural interest in the field.
(ii) Where undergrazing is identified, a management regime to be observed on that site must be approved by SEERAD.

Minimum Level of Maintenance: Ensure a minimum level of maintenance and avoid the deterioration of habitats
-minimum livestock stocking rates or/and appropriate regimes-

Measure

Advisory Guidelines / Good Practice

11 (i) Avoid overgrazing with livestock and other species in such numbers as to adversely affect the growth; structure; or species composition of vegetation on the land. The only exception to this is where vegetation is normally grazed to destruction to a significant degree (i.e. land that is to be cultivated immediately after grazing by livestock which remove the entire crop).
(ii) Where overgrazing is as a result of an unexpected and unpredictable incursion of wild deer or geese and it can be shown that appropriate action had been taken to deal with the problem (including for deer, taking advice from the Deer Commission for Scotland where significant), then you will not be held accountable for overgrazing caused as a result of this infringement.
(iii) Where overgrazing is attributable to rabbits you will be expected to provide evidence of use of available control methods.
(iv) Where overgrazing is identified, a management regime to be observed on that site must be approved by SEERAD.

The common conditions indicating overgrazing are:

• Clear evidence due to grazing pressure that the growth, quality or species composition of the vegetation is deteriorating to a measurable extent e.g. signs of overgrazing include: vegetation chewed back to the previous year's growth or heavily trampled, absence of flowering, large bare patches of poached soil, a lack of regeneration or visible damage to trees and saplings in woods.
• Evidence of poor condition of the vegetation combined with evidence of poor animal condition.
• Over-reliance on supplementary feed.

Overburning should be avoided by following the Muirburn code.

Minimum Level of Maintenance: Ensure a minimum level of maintenance and avoid the deterioration of habitats
-Protection of permanent pasture-

Measure

Advisory Guidelines / Good Practice

12 Any proposal to plough up pasture of high environmental or archaeological value e.g. species-rich grassland, machair habitats, pastoral woodland and heather moorland will require the consent of the relevant authority (e.g. SNH for land in SSSIs, SEERAD for land in an agri-environment agreement) or approval under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 (SSI 2002/6.

Guidance on who the relevant authority is and the Environmental Impact Assessment regulations can be obtained from your local SEERAD Area Office.

13 To ensure the protection of rough grazings and other semi-natural areas you must not undertake new drainage works, ploughing, clearing, levelling, re-seeding or cultivating unless approved under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 (SSI 2002/6).

Rough grazings and other semi-natural areas means land containing semi-natural vegetation including heathland, heather moorland, bog, unimproved and rough grassland which is used or is suitable for grazing.
Ploughing, cultivating and re-seeding results in the natural vegetation being destroyed and replaced with sown grasses.
New drainage works, and modification of existing drains, cause lowering of the water table which results in the loss of wetland plant communities and their associated fauna.
In nearly all areas of deep peat, re-cutting moorland grips beyond what is needed for routine maintenance will also be considered as damaging and should not be carried out.

Minimum Level of Maintenance: Ensure a minimum level of maintenance and avoid the deterioration of habitats
-Protection of permanent pasture-

Measure

Advisory Guidelines / Good Practice

14 To ensure the protection of rough grazings and other semi-natural areas, pesticides, lime or fertiliser must not be applied except in certain cases specified below or as approved under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 (SSI 2002/6).

Exceptions are allowed in the following circumstances:

(i) Herbicides may be applied to control injurious weeds as defined in the Weeds Act 1959, and with the prior written approval of SEERAD for the control of other plants e.g. Japanese Knotweed and Giant Hogweed.
(ii) For the control of bracken with Asulam or other approved herbicides; or
(iii) The application of lime or fertiliser where no conservation damage will result e.g. holding fields adjacent to hill livestock pens.

The Weeds Act 1959 applies to the following injurious weeds: spear thistle, creeping or field thistle, curled dock, broadleaved dock and ragwort.
SEPA should be consulted if it is intended to use a pesticide in or near a watercourse.
The PEPFAA code of good practice gives guidance on this measure.

Minimum Level of Maintenance: Ensure a minimum level of maintenance and avoid the deterioration of habitats
-Retention of landscape features-

Measure

Advisory Guidelines / Good Practice

15 (i) Do not damage, nor without the prior written agreement of SEERAD and/or other statutory bodies remove or destroy any of the following boundary features: drystane or flagstone dykes, turf and stone-faced banks, walls, hedges and hedgerow trees, boundary trees and watercourses.
(ii) No hedge trimming is permitted between 1 March and 31 July except for roadside hedge trimming, required in the interest of road safety.
(iii) Written approval is not required where it is proposed to widen field entrances to enable access for livestock or farm machinery.

Examples of potentially damaging activities are :

• The use of machinery, including cultivations, the application of fertilisers or pesticides, or the storage of materials including livestock manures or straw or silage bales, on or within 2 metres of field margins or the base of hedges or dykes or the banks of watercourses.
• The canalisation or culverting of watercourses. This type of activity will be regulated by SEPA under the Water Environment and Water Services (Controlled Activities) (Scotland) Regulations, currently due to come into force in April 2006.
• The cutting of bankside vegetation between 1 March and 31 July except to control injurious weeds (as defined in the Weeds Act 1959) as well as Bracken, Japanese Knotweed and Giant Hogweed.
• The use of trees as straining posts.

Guidance on who the relevant authority is can be obtained from your local SEERAD Area Office.

16. Avoid the deterioration of non-productive landscape features which are part of the agricultural unit, such as shelter belts, copses and ponds.

Deterioration is defined as:

(i) Not maintaining functional stockproof fences around shelter belts and copses.
(ii) Severe poaching where feeding and/or other husbandry practices of livestock occur in copses and shelterbelts.
(iii) Failure to maintain ponds on the holding e.g. eutrophication, drainage.

These features should be protected from damaging activities such as drainage or felling (except where this is the subject of specific consent by SEERAD or the appropriate regulatory authority, in particular the Forestry Commission for felling licences), and land managers should take reasonable positive action to prevent these features from deteriorating.
Severe poaching means the cutting up of turf by the trampling of livestock to the destruction of the underlying vegetation leading to a predominantly muddy surface.

Minimum Level of Maintenance: Ensure a minimum level of maintenance and avoid the deterioration of habitats
-Retention of landscape features-

Measure

Advisory Guidelines / Good Practice

17 (i) Avoid altering, damaging or destroying protected elements of the historic environment. These elements are scheduled monuments, listed buildings and sites included in the Inventory of Historic Gardens and Designed Landscapes.
(ii) Monument of national importance are scheduled under the Ancient Monuments and Archaeological Areas Act 1979. No works affecting such monuments may be carried out or permitted without the prior written consent of the Scottish Ministers (known as Scheduled Monument Consent (SMC)).
(iii) Buildings of special architectural or historic interest are listed under the Planning (listed Buildings and Conservation Areas) ( Scotland ) Act 1997. The alteration or demolition of such buildings requires Listed Building Consent (LBC) from the local planning authority.

Information on these protected elements of the historic environment is available from several sources:

• Local Authorities;
• Historic Scotland ;
• SNH; and
• on line at www.pastmap.org.uk

Pastmap provides online data on the location of scheduled monuments, listed buildings and Inventory sites.

For guidance on scheduled monuments owners should contact Historic Scotland at:

Ancient Monuments
Historic Scotland
Longmore House
Salisbury Place
Edinburgh
EH9 1SH
Tel: 0131 668 8777
e-mail: hs.farming@scotland.gsi.gov.uk or on line www.historic-scotland.gov.uk

For detailed information about specific monuments, buildings and sites owners should contact their local authority in the first instance. Your local authority will be able to put you in touch with their conservation and archaeology services.
Sites included in the Inventory of Historic Gardens and Designed Landscapes are also protected. Developments affecting such sites may require special consideration in the planning process. Copies of the Inventory can be consulted at main public libraries, local SNH offices or SEERAD offices.

Minimum Level of Maintenance: Ensure a minimum level of maintenance and avoid the deterioration of habitats
-Retention of landscape features-

Measure

Advisory Guidelines / Good Practice

18 (i) Avoid the encroachment of unwanted vegetation which degrades the agricultural and environmental value of the land to the extent that the land is not capable of returning to agricultural production at any time during the next growing season.
(ii) Taking the above into account, the encroachment of native species is allowed in the following instances:

• Recolonisation of trees across the boundary line from native woodland.
• Recolonisation of scrub species such as gorse, birch and juniper as part of a mosaic of habitats.
• Reversion of land to wet grassland or wetland.

Through appropriate grazing, topping or other permissible methods of control land managers should prevent the severe encroachment of unwanted vegetation which is both agriculturally and environmentally degrading including rhododendron, bracken, weeds covered by the Weeds Act 1959, Japanese Knotweed, Giant Hogweed and Himalayan Balsam.
These patterns of ecological succession will be regarded as consistent with Good Agricultural and Environmental Condition provided that:

• They are consistent with maintaining the ecological status of protected areas (e.g. Sites of Special Scientific Interest).
• The growth of scrub is easily reversible through regular cutting, use of approved herbicides or grazing.