Colorado agricultural producers should be aware of proposed changes to Regulation 85, the state's Nutrient Management Control Regulation (5 CCR 1002-85). The Colorado Department of Public Health and Environment (CDPHE) intends to propose extending the existing regulation's nutrient management framework from 2027 to 2030.

The proposed extension would maintain current requirements while allowing additional time to evaluate future nutrient management standards. The Colorado Water Quality Control Commission is expected to consider the proposal during a 2027 rulemaking hearing. Although the extension does not immediately impose new requirements on agricultural operations, future regulatory changes could affect livestock producers, agricultural wastewater facilities, nutrient management planning, and land application practices.

What Is Colorado Regulation 85?

Regulation 85 establishes a statewide framework for managing nitrogen and phosphorus entering Colorado's surface waters. The regulation establishes technology-based nutrient discharge limits for certain municipal and industrial wastewater treatment facilities. It also addresses nutrient monitoring, stormwater management, and voluntary practices to reduce nutrient runoff from nonpoint sources, including agriculture. Importantly, Regulation 85 currently emphasizes voluntary best management practices for agricultural nonpoint source nutrient management, rather than imposing the same numeric discharge limits applicable to certain permitted wastewater facilities. However, agricultural operations with regulated point-source discharges remain subject to applicable permitting and environmental compliance requirements.

What Changes Are Proposed?

CDPHE has proposed extending Colorado's existing nutrient management framework through 2030. The proposed changes are intended to provide additional time for evaluating future nutrient standards while maintaining the current regulatory approach. The scope of any extension to the Voluntary Incentive Program under Commission Policy 17-1 will depend on the revisions ultimately adopted by the Water Quality Control Commission. The state also intends to coordinate changes to Regulations 31 through 38, which address Colorado's water quality standards and individual river basin classifications. The CDPHE has outlined a proposed two-phase approach:

• Phase One: Extension Through 2030: The 2027 rulemaking would maintain the current framework, without adding new categories of regulated facilities, while allowing continued evaluation of nutrient management strategies.
• Phase Two: Regulatory Updates in 2030: Under CDPHE's proposed timeline, the state would continue evaluating future nutrient management requirements, including wastewater treatment feasibility, economic impacts, and potential revisions to nutrient discharge standards. Any new requirements would remain subject to the applicable regulatory review and rulemaking process.

What Does This Mean for Colorado Farmers and Livestock Producers?

For most agricultural operations, the proposed extension would preserve the existing voluntary approach to managing nonpoint source nutrient runoff. Under Section 85.5(5), agricultural operations applying supplemental nutrients for crop production are encouraged to develop nutrient management plans based on soil, manure, and plant tissue testing. These practices help producers improve nutrient utilization, maximize crop production, and reduce potential nutrient losses. However, producers should recognize that Regulation 85 includes provisions allowing the Water Quality Control Commission to consider additional agricultural nonpoint source regulations if sufficient progress in nutrient management is not maintained.

This makes continued agricultural participation in the regulatory process particularly important.

Livestock producers should also distinguish between voluntary nonpoint source practices and existing enforceable requirements associated with Concentrated Animal Feeding Operations (CAFOs), discharge permits, manure management, and other applicable regulations. The proposed extension does not eliminate those obligations.

Why Agricultural Participation Matters

As Colorado evaluates its future nutrient management strategy, agricultural producers must have an opportunity to explain how proposed requirements could affect their operations. Nutrient management regulations should recognize the differences between municipal wastewater treatment facilities, industrial dischargers, and agricultural operations.

Colorado livestock producers already invest substantial resources in manure management systems, nutrient management plans, soil testing, irrigation management, and practices designed to protect water quality. Future requirements should be based on credible scientific evidence, measurable environmental benefits, economic feasibility, and an accurate understanding of agricultural production. Additional requirements that unnecessarily increase operating expenses, restrict productive land use, or complicate permitting could have significant consequences for Colorado agriculture. The proposed extension provides an opportunity for producers to remain engaged before more substantial changes are considered in 2030.

How to Stay Informed

CDPHE held a Regulation 85 stakeholder meeting on September 29, 2026, to discuss the proposed extension and gather feedback. Agricultural producers and businesses are encouraged to review the proposed revisions and participate in future public engagement opportunities:

Review and download the Regulation 85 draft HERE

• Supporting documents related to Regulation 85 and Policy 17-1 revisions are available for review and download HERE
• To receive future notifications, sign up for CDPHE updates and select “Reg 85 - Nutrients” HERE
• Questions regarding the proposal can be directed to David Kurz at david.kurz@state.co.us.

AGPROfessionals Can Help

AGPROfessionals assists Colorado agricultural producers with nutrient management planning, soil and manure sampling, land application recommendations, CAFO permitting, and environmental regulatory compliance. As Colorado prepares for the 2027 rulemaking, our team encourages producers to review their existing nutrient management practices and remain informed about potential changes.

At AGPROfessionals, we are committed to helping livestock producers and farmers navigate regulatory requirements while protecting their operations, property rights, and long-term agricultural productivity.