Region 2 Water Board
Vineyard General Permit

In July 2017, the San Francisco Bay Regional Water Quality Control Board (Water Board) adopted a water quality control permit (General Permit) for vineyard properties in the Napa River and Sonoma Creek watersheds.

The General Permit regulates parcels developed to include a 5-acre-or-larger vineyard that are located in these two watersheds. All vineyard parcels subject to the General Permit – regardless of slope of the planted area - must achieve performance standards for soil erosion in the farm area, and for discharge of nutrients and pesticides.

Hillslope vineyard parcels – those where the average slope of the planted area is greater than 5 percent - also must achieve performance standards for vineyard storm runoff and for sediment discharge from unpaved roads. See “Permit Requirements” for more information on property owner requirements.

Permit requirements (permit fees and water quality monitoring plans - both of which took effect in 2020) can be fulfilled individually– on a property-specific basis– or through a group effort that are coordinated by the Napa and Sonoma County Farm Bureaus.

The group effort makes it simpler and less expensive to satisfy the fee and monitoring requirements. The Farm Bureaus representing the owners/managers of the properties that join their groups will: a) collect and transmit the permit fees to the State; and b) prepare and submit a group water quality monitoring plan to satisfy permit requirements.

Alternatively, these requirements can be satisfied individually. See below in “Permit Requirements” for more information regarding quantitative water quality monitoring requirements that are required and how to meet them.

All the information about the General Permit can be found on the State Water Board’s website HERE

The GeoTracker is a State database where permit information is stored and accessed. The GeoTracker is used by owners/managers to maintain enrollment information as well as submit annual reports.

The GeoTracker can be accessed here: GeoTracker ESI Login (ca.gov). Information on submitting your annual reports can be found HERE

You can enroll in the General Permit electronically online HERE

Instructions for enrollment are posted on the website listed above.

How do I know if my vineyard property needs to be enrolled, and if so, when?

• Existing Vineyard: Owners/operators of existing vineyard properties - parcels planted to include a 5-acre-or-larger vineyard – are required to enroll by July 31, 2018.

• Existing Vineyard within 2017 wildfire perimeter: Where any part of an existing vineyard property is located within the mapped perimeter of the North Bay wildfires, the Water Board has extended the deadline for enrollment by one-year to July 31, 2019.

• New Vineyard: Owners/operators of new vineyard properties – those planted subsequent to the adoption of the General Permit in July 2017- are required to enroll one-year prior to vineyard planting or by July 31, 2018, whichever date is later.

A farm plan documents a vineyard property’s natural features, developed areas, and best management practices (BMPs) to protect water quality, as specified in Attachment A of the General Permit.

Landowners who work with an approved Third-Party Program (see approved third parties below) to prepare their farm plan will be in an excellent position to have their farm plans “verified,” and to implement BMPs (as specified in the farm plan) to achieve applicable performance standards for discharge that are required by the General Permit.

A verified farm plan means that a Third-Party Program has coordinated a technical review of the farm plan by a “qualified professional” who has signed the farm plan, a verification form, or a letter – to indicate that upon full implementation, all applicable performance standards for sediment and storm runoff control would be achieved.

Qualified professionals include California registered professionals in disciplines associated with erosion and sediment control. Examples include professional engineers, licensed geologists, or certified professionals in erosion or sediment control. As an alternative to having the farm plan verified, the owner/operator may elect instead to submit the farm plan to the Water Board for review and approval.

Third-Party Programs help vineyard owners/operators prepare and verify farm plans that satisfy requirements of the General Permit. Third-Party Programs also may qualify for grants to support farm plan development and implementation. The Water Board has approved the following Third-Party Programs, listed here in alphabetical order:

The California Land Stewardship Institute (Fish Friendly Farming Program)

• The California Sustainable Winegrowing Alliance

• The Napa County Resource Conservation District (LandSmart Program)

• The Sonoma Resource Conservation District (LandSmart Program).

We strongly recommend all vineyard owners/operators consider working with an approved Third Party Program to complete a verified farm plan. Besides providing technical and resource support, owners/operators who work with an approved Third-Party Program will be in an excellent position to achieve compliance with the General Permit, and should qualify for reduced permit fees.

1. Performance standards set the level of pollutant discharge control. Regardless of slope, all vineyard parcels are required to control vineyard sediment, pesticide, and nutrient discharges. Hillslope vineyard parcels- where the average slope of the planted area is greater than 5 percent – have additional performance standards to control vineyard storm runoff, and sediment discharge from roads.

2. I already have a farm plan developed to protect water quality. What else do I need to do?

   Many vineyards have farm plans developed prior to General Permit adoption. These include farm plans developed under Fish Friendly Farming, Land Smart, and other programs (e.g., the California Sustainable Winegrowing Alliance, Sustainability in Practice, etc.). Many hillslope vineyard properties also operate under county-approved erosion control plans.

   • Valley-floor vineyards: We expect almost all valley-floor vineyard properties that have completed and implemented a farm plan developed with the Fish Friendly Farming or Land Smart programs are in an excellent position to have their farm plan verified in the near-term. It is likely almost all these valley-floor vineyard properties are achieving all applicable performance standards for discharge specified by the permit. For these properties, besides enrolling in the General Permit and getting the farm plan verified, the remaining required actions would be limited to continued implementation of the farm plan, and complying with applicable monitoring and reporting requirements (described below).

   • Hillslope vineyards: Similarly, hillslope vineyard properties that have completed a farm plan working with Land Smart or Fish Friendly Farming should be in an excellent position to have their farm plans verified in the near-term. However, due to the additional performance standards for hillslope vineyard parcels, in some cases an addendum to the farm plan may be required to achieve the performance standards for discharge for vineyard storm runoff, and/or for sediment discharge from unpaved roads. At these same hillslope vineyard properties, it is likely almost all already are achieving performance standards for soil erosion in the farm area, and for discharge of nutrients and pesticides.

Please contact the Water Board to report progress toward performance standards.

The permit requires two types of quantitative water quality monitoring:

1. Monitoring effectiveness of management practices to control sediment discharges.

2. Monitoring the amount of sand in streambed and how this influences habitat suitability.

The permit provides two ways an owner/operator can satisfy these monitoring requirements:

1. Individually on a property specific basis

   For those who choose the individual option (property-specific monitoring), a plan acceptable to the Water Board was due July 2020. Details of plan requirements can be found in Attachment E of the General Permit for Vineyard Properties. To learn more, please contact Water Board staff.

2. By participating in a group water quality monitoring program.

   The Farm Bureaus, representing the owners/managers of the properties that join their groups, developed and implemented a group water quality monitoring plan (Farm Bureau Group Program) to satisfy permit requirements that was submitted prior to the July 2020 deadline.

Because the Farm Bureau Group Program relies on monitoring a representative sample of properties, the cost per property is estimated to be significantly lower than it would be under the individual option (where monitoring must be conducted at each property).

Other advantages of the Farm Bureau Group Program include:

• Not having to hire a technical contractor or to learn how to do the monitoring

• A very high likelihood that the water quality plan will meet permit requirements because Water Board staff have provided regular input/review on the draft water quality monitoring plan that the Farm Bureaus are preparing.

For those who choose to participate in the group water quality monitoring program through the Farm Bureaus, please see more information under “Group Monitoring”

The Farm Bureaus (Napa and Sonoma), representing the owners/managers of the properties that join their groups, developed and implemented a group water quality monitoring plan (Farm Bureau Group Program) to satisfy permit requirements that was submitted prior to the July 2020 deadline.

The Farm Bureaus contracted with RCD to conduct the monitoring, sampling, and reporting which will conclude and be submitted to the Water Board here soon. This is to satisfy the quantitative water quality monitoring requirements on behalf of the owners who opt to participate in the group collection and therefore, the group monitoring program administered by the Farm Bureaus.

Yes. Per our agreement with RCD, we have been collecting fees from enrolled parcels over the last 2 years to pay for the monitoring. Originally, the Farm Bureaus planned to spread the fee collection for group monitoring over a 3 year period: $10/acre in year 1, ~$6/ acre in year 2, and ~$1 per acre in year 3.

However, the Farm Bureaus collected enough that we are able to successfully eliminate the need for any further collection of group monitoring fees in year 3 (2023/2024) and beyond. For the 2023/2024 billing period, owners/managers will not be seeing a charge for group monitoring.

The General Permit established three tiers as follows:

Tier 1

An owner/operator qualifies for Tier 1 if:

• Their farm plan has been verified;

• All applicable performance standards for discharge are achieved; and

• As applicable, the property meets performance standards for stream and riparian habitats. This requirement only applies if an “unconfined alluvial channel” traverses the property or defines a property boundary. See page 6 of the Fact Sheet for more information regarding unconfined alluvial channels HERE. If a property is participating in the group program through the Farm Bureaus, Tier 1 properties DO NOT pay group monitoring fees due to their reduced monitoring and reporting requirements.

Tier 2

An owner/operator qualifies for enrollment under Tier 2 if

• They have developed a verified farm plan or Water Board-approved farm plan

  OR

• They are working with a Third Party Program to develop a verified farm plan. If a property is participating in the group program through the Farm Bureaus, Tier 2 properties DO pay group monitoring fees.

Tier 3

• Those electing to develop a farm plan independently (i.e., outside a Third Party Program), must enroll in Tier 3. They must submit their farm plans to the Water Board for review and approval. Following Water Board approval of the farm plan, the owner/operator, as applicable, could move into Tier 2 or Tier 1.

  Tier 3 properties do not work with the Farm Bureaus for group monitoring or fee collection unless they are moved to Tier 1 or Tier 2. They work directly with the Water Board for all aspects of compliance.

Tier 2 and 3 enrollees must submit an annual compliance form, and in most cases must conduct water quality monitoring to assess streambed sediment conditions and BMP effectiveness. Tier 2 enrollees have the option to participate in the group water quality monitoring conducted through the Farm Bureaus.

New vineyard properties developed on a ridgetop on slopes > 30 percent, and/or that involve a timber conversion plan present a greater risk to water quality are required instead to obtain an individual permit from the Water Board.

• Each fall, the State Water Board, following a public process, adopts a fee schedule that is applicable to agricultural properties that are subject to water quality permits. The Vineyard Permit (Region 2 General Permit) is a water quality permit.

  While fees can change from year to year, the relationship between group and individual payment remains similar. Permit fees are assessed based on planted acreage, and whether the farmer is a member of a fee collection group.

  The State Water Board’s fee structure provides a substantial price break to farmers who submit their fees through a fee collection group (the Farm Bureaus). Fee collection groups save the State considerable time and effort that otherwise would be associated with fee collection on a property by property basis.

• The Farm Bureaus (Napa and Sonoma) meet to determine the annual fee structure that will be billed out to owners/managers that are enrolled in the group collection program each year prior to billing.

  The Farm Bureaus base their fees on the Water Board’s fees as well as administrative and accounting costs associated with administering the group collection program. Our goal is to always keep the fees as low as possible for owners/managers while still being able to conduct the program appropriately.

For the 2023/2024 billing cycle, your invoice will include the following line items:

• Per acre assessment: $4.58 per enrolled acre

• Group Fee: $75 or $400 depending on Farm Bureau membership status

Please note, for the 2023/2024 billing cycle, group monitoring WILL NOT be charged

That is entirely your choice - there is no requirement to either pay your invoice or participate in the group monitoring program through the Farm Bureaus.

Although there are significant advantages to going through the Farm Bureaus, it is up to the owner(s) on how they would like to maintain compliance with the General Permit.

If you choose to pay your fees directly through the Water Board, here is how they will be charged:

• If the planted area ≤ 300 acre, then fee = $27/acre, with a minimum fee of $550. If planted area > 300 acre, then fee = $13.50/acre.

• For example, a 10 acre property at $27/acre will be charged the $550 minimum. Click below for a visual example:

Please note that owners who choose to go directly through the Water Board to pay their fees are also individually responsible for paying any associated costs regarding site specific monitoring, reporting, and performance standards.

Each invoice will contain a line item titled “Group Fee”. This is charged at $75 or $400 depending on whether or not the owner is a current Farm Bureau member or not.

• This line item is to pay for the accounting and administrative costs associated with the Farm Bureaus administration of the fee collection group.

For a visual comparison please click HERE

A Farm Bureau membership is NOT required in order to participate in the group fee collection program through the Farm Bureaus however, we do give a significant discount to Farm Bureau members as a “thank you” for supporting our organization. If you do not wish to be a Farm Bureau member, you are still allowed to participate in the fee collection group AND the group monitoring program through the Farm Bureaus.

If an owner owns more than one property that is enrolled in the Region 2 program, one membership will cover all properties under that owner’s membership number making the discount much larger.

For example, if a person owns 1 enrolled property and they are a Farm Bureau member (meaning they will pay the $75 group fee), they will save $325 on their Region 2 invoice. If the same person owns 3 properties and they are a Farm Bureau member, they will save a total of $975 on those 3 invoices.

Please note that Farm Bureau memberships are billed separately from Region 2 on an annual basis. Membership dues vary between Napa and Sonoma so please contact the Farm Bureau in your county for more information on their rates and associated member benefits.

You are receiving an invoice from either the Napa or Sonoma Farm Bureau because you/your property is

• Enrolled in the General Vineyard Permit program and

• It has been established through either communication with the Water Board or through the Farm Bureaus that you would like to participate in the group fee collection program OR your property has been classified as a Tier 3 property.

You can read more in the “Permit Requirements” and “Fee” sections for more information on why you might be receiving this invoice.

No, you are not required to pay through the Farm Bureau however, there are significant advantages to doing so. See more in the “Fees” section for more information on why it might be beneficial to go through the Farm Bureaus.

After the Farm Bureaus close billing, we are required to submit a list of participants (enrollments that paid their fees through the group collection program) to the State Water Board.

Once the Water Board receives and processes that list, enrollments who did not participate in the group fee collection program through the Farm Bureaus will be billed individually by the Water Board at the rates they set (see the “Fees” section for more information on what the Water Board charges).

These fees tend to be significantly higher than what the Farm Bureaus charge. If an owner does not pay their Water Board invoice, further action will be taken by the Water Board such as receiving a “Notice of Violation” and potentially very significant violation fee

Invoices are due upon receipt with a final cut-off date of February 5th, 2024

Payments must be received at the Farm Bureau BEFORE February 5th, 2024.

Payments will not be accepted or processed past that date. The final participant list will be submitted to the Water Board the following week.

Below are the options you have to pay your Region 2 invoice.

• Online

  Invoices will be emailed with a link to pay the invoice online.

• Phone

  Please call 707-224-5403 extension 201 to pay your invoice over the phone with a credit card. Please have your invoice number or AGL ready when calling to help expedite the process.

• Check

  Checks must be made payable to “Napa County Farm Bureau” and mailed to:

  Napa County Farm Bureau

  811 Jefferson St Napa, CA 94559

  If you are paying multiple invoices with one check, please include a memo with all invoice numbers that are being paid and/or include a copy of your invoice(s). Checks will be returned without proper identification of the invoices being paid.

You may pay multiple invoices by check (see “How do I pay my invoice” for specifics on how to do this) or over the phone by calling 707-224-5403 extension 201

Here is a preview of what your invoice will look like:

PENDING LINK

First Notice

In the beginning of November, invoices will be emailed to all enrollments with a functional email address listed.

Second Notice

A reminder email will be sent 2 weeks after the initial invoice was sent

Third Notice

Invoice(s) will be mailed to all unpaid enrollments in December

Final Notice

Invoices will be emailed and mailed to all enrollments 3 weeks prior to the payment deadline of February 4th 2024.

All changes to your enrollment must be made on the GeoTracker. The Farm Bureaus are NOT responsible for keeping track or maintaining records of any changes to an enrollment including billing contact information changes, contact information changes, etc.

The GeoTracker can be accessed here: GeoTracker ESI Login (ca.gov)

If you are no longer managing the property or are no longer responsible for an enrollment, see section titled “Changing enrollment information, terminating enrollments and more”

If you no longer own or manage an enrolled property and wish to transfer responsibility to the new owner or manager, a Notice of Termination must be submitted to the Water Board.

Information on how to complete the Notice of Termination can be found HERE

Please note that if a Notice of Termination is not completed, the listed owner or manager is the responsible party for compliance and any outstanding invoices until the Notice of Termination is submitted and verified.

All changes to your enrollment must be made on the GeoTracker. The Farm Bureaus are not responsible for keeping track or maintaining records of any changes to an enrollment including billing contact information changes, contact information changes, etc.

The GeoTracker can be accessed HERE

At the time of billing, the Farm Bureaus will invoice based on the data provided to us from the Water Board. The data comes from the GeoTracker and the submitted Annual Reports. If an Annual Report is not submitted or the GeoTracker is not kept up to date, the owner/manager will be invoiced based on the last reported acreage provided.

The Farm Bureaus are not responsible for making any changes to or maintaining records of acreage changes so if an acreage is billed incorrectly, the owner/manager needs to take the appropriate measures to update their acreage on the GeoTracker.

At any point between when invoices are billed out and the cut off date (Feb. 5th, 2024), you can decide to become a Farm Bureau member in order to take advantage of the member discount on your invoice.

Please contact our membership department at membership@napafarmbureau.org or contact our Director of Membership Services, Kristen Bowers at 707-231-9555 to become a Farm Bureau member.

If you were billed at the non-member rate but do have a current Farm Bureau membership, please contact us at membership@napafarmbureau.org with your membership number or the name of the membership holder. Once we verify your membership, we will update your invoice to reflect the member rate.

To learn more about what it means to be a Farm Bureau member outside of your Region 2 discount, please visit our membership page HERE