Intensive winter grazing
Making and following a plan for how you manage intensive winter grazing (IWG) is essential to reducing nutrient and sediment run-off and improving soil productivity.
Canterbury farmers who don’t meet the Permitted Activity rules require resource consent for intensive winter grazing.
Councils and industry have worked together to develop further guidance: Intensive Winter Grazing Rules FAQ (PDF, 2.78MB)
If you intensively winter graze stock, you need to:
- have a well-documented intensive winter grazing management plan including appropriate paddock scale maps, which identifies the environmental risks and on-farm mitigations
- ensure you are following your management plan this winter, and make sure all staff know the plan including the Plan B for extended wet weather events
- determine whether you are a Permitted Activity or will need consent
- if you need consent you need to prepare your application and get it submitted as soon as possible.
Making an intensive winter grazing management plan
Whether you're doing intensive winter grazing as a Permitted Activity or applying for resource consent, one thing won't change – you'll need a written plan that clearly identifies the environmental risks associated with the activity, and how you plan to manage and mitigate each of these risks.
Your intensive winter grazing plan will be the key reference you follow over the winter months.
Government and industry organisations have developed several IWG management templates and guidance documents you can use to make your plan:
What is intensive winter grazing and how have the rules changed?
Intensive winter grazing is defined as grazing livestock (including sheep) on an annual forage crop at any time in the period that begins on 1 May and ends on 30 September of the same year.
In 2020, the Government introduced the National Environmental Standards for Freshwater (NES-F), which set requirements for carrying out certain activities that pose risks to freshwater and freshwater ecosystems. One of those activities is intensive winter grazing.
The NES-F rules for intensive winter grazing that are coming into force on 1 November 2022 change which activities are considered part of the 'Permitted Activity' rules, and do not require resource consent.
However, Freshwater Farm Plans won’t be rolled out in Canterbury in the next few years, so if you can’t meet the Permitted Activity rules, you will need resource consent.
Can I do intensive winter grazing as a Permitted Activity?
A Permitted Activity rule outlines certain conditions that need to be met to operate without consent. If your activity meets all of those conditions, you don’t need council authorisation, and are not required to notify us of the activity.
Use these questions to determine if you can operate under the Permitted Activity rules:
Was there intensive winter grazing carried out on your farm between 1 July 2014 and 30 June 2019?
Is the total area used for IWG for any season no more than the maximum area used between the above dates?
Does the total area of intensive winter grazing on your farm meet the following limits:
a) For a farm 500ha or less, the maximum area of IWG is 50ha?
b) For a farm larger than 500ha, is the maximum area of IWG 10% of the property size?
Is the slope of land under winter crop 10 degrees or less measured over any 20 m distance?
Are all critical source areas within or nearby the winter grazing area protected, ungrazed, uncultivated and unharvested over the winter grazing months?
Are livestock kept at least five metres away from the bed of any river, lake, wetland or drain, regardless of if there is water present at the time?
Will you take all reasonably practicable steps to minimise adverse effects from pugging and ensure vegetation is established as ground cover over the whole area of that land as soon as practicable after grazing?
If you answered No to ANY of these questions, a resource consent will be required for intensive winter grazing on your farm.
If you answered YES to ALL of these questions, then you can practice intensive winter grazing as a Permitted Activity.
How and when do I apply for resource consent?
If you are undertaking intensive winter grazing and cannot meet the permitted activity requirements, then you need a consent now. Get your application in as soon as possible.
Existing farming land use consents and irrigation scheme programmes do not cover the requirements for intensive winter grazing. If you are already covered by one of these, then you will still need resource consent for IWG if you don't meet the permitted activity rules. Some irrigation schemes or farming collectives may be applying for a new IWG consent that covers your farm, so if you belong to one of these groups then make sure you keep up to date with their plans.
While you won't be granted resource consent immediately, you can continue with grazing in 2023, as long as you're following your management plan and are consistent with what you’ve applied for.
A consent application deposit will cost $3500. The final cost could be more or less, depending on how complicated the consent is to process. You will be billed extra or refunded depending on the final cost.
If your farm has increased the amount of intensive winter grazing they undertake since the reference period (the largest area used for intensive winter grazing in any year between 2014 and 2019) you will need an intensification consent. A consent application for intensification will require a more in-depth assessment of environmental effects, including some technical information. Our standard IWG form can’t be used here, and we recommend you get a consultant to help you.
Download an application form
Download our intensive winter grazing resource consent application form. Using this form will make the application process as simple, efficient and easy as possible.
Use Microsoft Word or a free open-source alternative like Google Docs, OpenOffice or LibreOffice to fill in the form fields. In checkboxes, please enter ‘x’ for the option which applies. If you need general assistance with filling in this form, please contact our advisory team on 0800 324 636.
As well as filling out the application form, you will also need to provide the following as part of your application:
- A winter grazing management plan: Links to templates are above.
- Paddock-scale maps: The maps need to show that you have considered and understand Good Management Practices (GMP) and how you plan to apply these to each paddock, considering specific paddock factors such as slope, proximity to waterways and management of critical source areas. You will not need to repeat the information provided in a management plan or on paddock-scale maps in the application form, just refer to the relevant document.
The winter grazing management plan will also be a requirement as part of granted consent conditions. Consent holders will need to prepare a management plan, including maps, for each season and submit it to the council. This can be done annually, or up to three years in advance. If you put the time and effort into doing these plans well now, you can continue to use them in the future.
To submit your application, please email it together with your intensive winter grazing management plan and any other supporting documentation to email@example.com.
What will an IWG consent look like?
We have developed a set of standard conditions that will form the basis of most straightforward IWG consents. They will likely get refined over time. Read our example consent conditions document to get an idea of what your consent may allow: Intensive Winter Grazing Consent Example Conditions (PDF File, 223.38KB).
While most consent conditions will resemble our example conditions, each consent application will be considered on a case-by-case basis, taking into account the sensitivity of the receiving environment, cultural values, proposed management practices and other risk factors such as slope, susceptibility to erosion and stock type. Some consents may require additional conditions related to the particular property and activity.
You can apply for any consent duration, but what is granted will depend on your individual situation. Generally, it will be lined up with an existing farming land use consent or extend until 2029 – five years after the likely notification of a new proposed regional plan.
Our compliance approach
With any new regulation, our first priority is education. For 2023, we will be focusing on supporting farmers to understand the new rules and how they can meet them. There are lots of resources online and staff on the ground to help.
As winter grazing can be a high risk to the environment, we expect that effects are managed even while you are working towards getting your consent. Existing rules in Canterbury restrict stock access to waterways and discharge to water, so we will continue to follow up on any incidents relating to these. Each case will be assessed on its merits and compliance action may be taken where necessary.
This year we are conducting two rounds of winter grazing flyovers to observe how farmers are setting up their wintering paddocks and to ensure all appropriate management practices are being implemented to mitigate any adverse effects on the environment.
Good management practices for intensive winter grazing
- What's your plan for bad weather? Having practical bad weather mitigations must be part of planning your winter feed management. For example, what will you do to stop soil damage and increased run-off entering waterways during storm events?
- Paddock selection for winter is crucial – it's best to choose paddocks away from waterways and wet areas prone to pugging to reduce the risk of sediment and nutrient run-off.
- When planting the crop, leave grass buffer strips around critical source areas, such as gullies and swales, where the run-off collects and flows out of the paddock.
- Have a good look at the landscape and ensure there are larger buffers around the waterways. This can really help reduce sediment and nutrient loss into waterways.
- Graze strategically by protecting any critical source areas. Leave them in the pasture or graze last, when it is dry, if they need to be grazed at all.
- It's also a good idea to back-fence stock off the land that has already been grazed, to even further reduce run-off. Strategic grazing and careful management of critical source areas can reduce losses of sediment and phosphorous (P) by 80-90%.
- In wet conditions, practice on/off grazing to minimise pugging damage to the soil and distribute nutrients from dung and urine more widely.
- Plant a cool tolerant follow-up crop, such as oats or rye, as soon as possible after grazing. This can soak up nutrients from the soil, rather than them being leached if the paddock is left fallow.
The Ministry for the Environment (MfE) has recently released several guidance documents on critical source areas, pugging and ground cover to support the implementation of the NES-F regulations relating to IWG. The documents focus on providing support in the assessment and understanding of the potential impacts of intensive winter grazing in relation to pugging, ground cover and critical source areas
Where to find more information
We know these changes can be confusing, and we’re here to help. If you have any questions regarding intensive winter grazing rules and practices, email us at firstname.lastname@example.org with your specific queries, and we’ll get back to you with advice. Or contact your local Land Management Advisor for advice.
Why aren't Freshwater Farm Plans an option?
On 30 September 2022, the Ministry for the Environment released an update on Freshwater Farm Plans. The Ministry has indicated that Canterbury will be among the last regions to be able to use Freshwater Farm Plans. However, the rule change from 1 November 2022 still applies, so you will need a resource consent if you cannot operate as a Permitted Activity.
What about deemed permits?
We are aware that other regional councils are using a "deemed permit" approach for the 2023 season. However, this approach will not be used in Canterbury as the Ministry for the Environment has indicated that Canterbury will be among the last regions to have Freshwater Fam Plans rolled out, so this option may be several years away, and deemed permits will not give farmers certainty they need.
What exactly is annual forage crop?
An annual forage crop is a crop, other than pasture, that is grazed in the place where it is grown. Annual ryegrass is a pasture, so isn’t considered an annual forage crop.
What exactly are the Permitted Activity requirements?
- Land area used for intensive winter grazing must meet both of the following conditions: The area used for intensive winter grazing must not exceed 50ha or 10% of the farm, whichever is greater. The total area used for intensive winter grazing must be no greater than the maximum area used for intensive winter grazing in any single season between 1 July 2014 and 30 June 2019 (reference period). If you can’t meet either of these requirements, you will require resource consent.
- Slope: Land with a maximum slope of less than 10 degrees (as defined above) may be used for intensive winter grazing activities, subject to satisfying other conditions. Intensive winter grazing on land with a slope of more than 10 degrees will need either a resource consent or certified freshwater farm plan.
- Pugging: You are required to take all reasonably practicable steps to minimise the effects of pugging on freshwater.
- Distance from waterways: Livestock must be kept at least 5m from the bed of any river, lake, wetland, or drain, regardless of whether there is any water in it at the time. An exception to this rule applies to subsurface drains, where the 5m distance requirement does not apply. Find out more about stock exclusion rules.
- Resowing: You are required to establish vegetation as ground cover as soon as practicable after grazing.
- Critical source areas: Anyone undertaking intensive winter grazing activities must protect critical source areas. All critical source areas:
– must be left ungrazed;
– must have vegetation as ground cover; and
– must not be used to grow forage crops.
Applying for farming land use (FLU) and intensive winter grazing (IWG) consents at the same time
If you are applying for an intensive winter grazing (IWG) consent for your farm, but also need a farming land use (FLU) consent under the Canterbury Land and Water Regional Plan (LWRP) and are yet to get one, then you will need to apply for both consents at the same time.
We can’t issue a consent if there are other aspects of the farming activity that are not being lawfully carried out with a consent or under a permitted activity rule.
If you have a current FLU application being processed by the council and it is noted that winter grazing is part of the farming activity, then the consent planner will be in touch with you to discuss an additional IWG consent application. If it is determined that the winter grazing meets all the permitted activity requirements, then an IWG consent will not be needed and the FLU consent application can continue.