(a) Cover crop standards. To qualify for the cover crop practice under this part, field(s) or management unit(s) must be managed according to the following standards:

(1) Cover crop species selection, seedbed preparation, seeding rate(s), seeding date, seeding depth, and seeding method must be consistent with applicable soil and site conditions;

(2) When a leguminous cover crop is used individually or as part of a mix, the farm producer must develop a nutrient budget which demonstrates:

(i) The available nitrogen resulting from the cover crop; and

(ii) An adjustment in total planned nitrogen application to the harvested production crop following the cover crop;

(3) Cover crops must be seeded in the fall. Cover crop may be interseeded into an existing or established crop. Cover crop species and seeding dates should not adversely affect crop yield or interfere with the maintenance and harvest process;

(4) Cover crops should be seeded as early as possible and terminated as late as practical (late vegetative stage or later), with termination timing established to minimize the risk of yield loss and soil moisture depletion;

(5) Cover crops must be terminated via winter kill or using herbicide or non-soil disturbing mechanical methods (that is, roller crimper, mowing) in the spring;

(6) Planting green is permitted;

(7) Cover crop biomass must not be mechanically harvested or grazed. Residues must remain on the surface following termination and may not be burned; and

(8) Cover crops may not be fertilized.

(b) Cover crop recordkeeping standards. Farm producers must maintain records for 5 years demonstrating required implementation of the cover crop practice. Records must contain sufficient detail to be readily understood and auditable. Records may be of varying types and origins including, but not limited to, physical documentation (for example, paper forms, invoices, receipts, seed tags), digital files (including from farm management software), data generated by farm equipment (for example, precision agriculture equipment), remotely sensed data, georeferenced and timestamped photographs, or data and records used for participation in USDA programs. Records must demonstrate:

(1) Purchase and receipt of cover crop seed in sufficient quantities to cover the area seeded;

(2) Field(s) or management unit(s) where cover crop practice is implemented, including location and acreage;

(3) Cover crop seeding date, method, and seeding rate;

(4) Total acreage seeded in cover crop across the operation;

(5) Photographic evidence of cover crop establishment;

(6) Cover crop termination date and method; and

(7) Total bushels of the crop harvested from field(s) or management unit(s) where the cover crop practice was implemented immediately prior to seeding or planting the harvested production crop.

(c) Cover crop verification. When auditing the cover crop practice, third-party verifiers must review documentation demonstrating cover crop species selection, seeding date, seeding method, seeding rate, total seeded acreage, termination date, and termination method. Through an on-site visit, remote video conferencing, remote sensing data, or georeferenced and timestamped photographs, third-party verifiers must verify the establishment of cover crops.