Are Livestock in a Pasture Setting Considered as being in Confinement?

Grazing animals in a pasture setting are not considered as being in confinement and do not need to meet the Animal Feeding Operation (AFO) regulations as long as there is adequate and desirable vegetation. 

• Adequate vegetation is subjective and dependent upon the setting.
• In general, for there to be adequate vegetation, there should be a minimum of 4” of vegetation throughout the pasture. Only having a small portion of the pasture with vegetation that is 4” tall, does not meet the requirement.
• The vegetation should be desirable vegetation. A pasture full of weeds, does not meet this requirement.

As part of the Clean Water Act, AFOs must meet certain water quality regulations.  AFOs are any livestock facility/operation that has livestock in confinement for a total of 45 days or more in a 12-month period.  It should be noted that the 45 days do not need to be consecutive days; nor, do the livestock need to be the same livestock.  Grazing animals are exempt from the AFO regulations.