Not legal advice. Requirements may change — always verify with your local government authority before applying. Last verified: .
The quick answer
- 1Register with your USDA FSA county office to obtain a farm number and tract numbers. This is the gateway to all USDA programs and must be done before program enrollment deadlines. There is no cost.
- 2Water rights are the most time-sensitive and geographically variable requirement. In western prior-appropriation states, you must apply to the state engineer for a water right permit before diverting any surface water for irrigation — priority date matters.
- 3Any farm using restricted use pesticides (RUPs) must have a certified pesticide applicator on-site during applications. Certification is issued by the state department of agriculture under EPA FIFRA authority.
- 4Farms selling produce with more than $25,000 in annual sales must comply with FDA's FSMA Produce Safety Rule (21 CFR Part 112), including agricultural water quality testing and worker hygiene requirements.
1. How farm regulation is structured
Agricultural regulation is split across at least five federal agencies and parallel state agencies — with most farms dealing with several simultaneously. Understanding who regulates what is the first step to building a compliance roadmap.
USDA's Farm Service Agency (FSA) administers commodity support programs, farm loan programs, and farm recording — the farm number and tract registration system. USDA's Natural Resources Conservation Service (NRCS) administers conservation programs (CRP, EQIP, CSP) and provides technical assistance on soil health, water quality, and conservation planning. USDA's Agricultural Marketing Service (AMS) oversees the National Organic Program. USDA's Animal and Plant Health Inspection Service (APHIS) manages plant pest and disease programs, livestock health and premises registration, and animal welfare.
FDA's Center for Food Safety and Applied Nutrition (CFSAN) administers the FSMA Produce Safety Rule, the Preventive Controls rules, and food facility registration. EPA administers FIFRA (pesticide registration and applicator licensing) and environmental programs affecting farms including Clean Water Act NPDES permits for concentrated animal feeding operations (CAFOs), wetland permits under Section 404, and underground storage tank regulations for on-farm fuel storage. State departments of agriculture handle nursery licensing, dairy licensing, produce handler licensing, pesticide applicator certification programs, and animal health programs including branding and premises registration.
2. USDA registration: FSA farm number and NRCS enrollment
The USDA county service center — where FSA and NRCS both operate — is the first government office any new farmer should visit. The interactions here unlock access to significant financial programs.
FSA farm number and tract registration
FSA assigns a farm number to every agricultural operation in its records. The farm number links to specific tracts (fields or parcels of land), each with a unique tract number. Tract boundaries are maintained in the Common Land Unit (CLU) database, a GIS layer that maps every agricultural field in the country. To register, bring your identity documents, the legal description or address of the farm, and proof of your right to operate (deed if you own, lease agreement if you rent). If the land has been farmed before, FSA likely already has tract numbers assigned — you will be designated the operator of record. If the land is newly broken from timber or pasture, FSA will conduct a measurement process. Program enrollment deadlines — particularly for ARC and PLC commodity programs and CRP signups — are calendar-year events, so register early if you intend to participate in the first season.
NRCS conservation programs
NRCS's Environmental Quality Incentives Program (EQIP) provides cost-share payments for implementing conservation practices — cover crops, irrigation efficiency, nutrient management plans, fencing, and dozens of other practices. EQIP is a competitive program with priority points based on resource concerns; applications are accepted during periodic signup windows. The Conservation Stewardship Program (CSP) provides annual payments for maintaining and improving existing conservation practices. The Conservation Reserve Program (CRP), administered jointly by FSA and NRCS, provides annual rental payments to farmers who retire highly erodible or environmentally sensitive cropland from production for 10–15 year contracts. Beginning farmer priority points exist in most NRCS programs — register your "beginning farmer" status (defined as 10 or fewer years of experience as the operator of record) to access priority signup windows.
3. Water rights: prior appropriation vs. riparian doctrine
Water access is often the single most constraining and most expensive regulatory hurdle for new farms — particularly in the West. The legal framework depends entirely on which state your farm is in.
Prior appropriation states (Western U.S.)
In prior appropriation states, water rights are property rights that exist independently of land ownership. To divert water from a stream, river, or lake for irrigation, you must apply to the state water board or state engineer for a water right permit. The application specifies the source (named creek or river), point of diversion (GPS coordinates), quantity (acre-feet per year or cubic feet per second), beneficial use (irrigation), and place of use (field locations). The priority date of your application determines your standing in drought years — senior appropriators (earlier priority dates) have full rights before junior appropriators receive any water. In drought-stressed basins, junior rights may be completely curtailed for months or years. Water rights can be transferred, leased, or purchased independently of land. Senior water rights attached to agricultural land are often worth more than the land itself. If you are purchasing a farm in a prior appropriation state, verify the priority date and annual allocation of any water rights attached to the property — and engage a water rights attorney before closing.
Riparian doctrine states (Eastern U.S.)
In riparian states, the right to use water from a natural watercourse belongs to landowners whose property adjoins the water body. Use must be "reasonable" — defined in relation to the needs of other riparian landowners downstream. No permit is required to divert water from an adjoining stream for irrigation in pure riparian states, but some eastern states have layered permit requirements on top of the riparian framework (Pennsylvania, Florida, Georgia, and others require permits for withdrawals above a certain threshold, typically 100,000 gallons per day). Well water is regulated separately in all states: most states require permits for new irrigation wells above a certain capacity, and many have designated groundwater management areas with use restrictions. In states that have adopted the "reasonable use" modification of riparian doctrine, courts apply a multi-factor balancing test to resolve disputes. Contact the state water board or state department of environmental quality early to determine what permits are required for your specific water source and use volume.
Irrigation system permits and drainage
Constructing an irrigation pond, reservoir, or dam requires additional permits in most states — typically a dam safety permit from the state department of natural resources or water resources if the impoundment exceeds a certain size (often 10 acre-feet or 15 feet of height). Drainage modifications that alter the flow of waters of the United States require Section 404 permits from the Army Corps of Engineers. "Swampbuster" provisions of the 1985 Farm Bill (16 U.S.C. § 3822) deny USDA commodity benefits to farmers who convert wetlands to agricultural production — a rule that has saved millions of acres of Prairie Pothole and bottomland hardwood wetlands. Before undertaking any drainage tiling, channel modification, or wetland conversion, consult with NRCS for a wetland determination to avoid inadvertent Swampbuster violations.
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4. Pesticide applicator licensing (EPA FIFRA)
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) establishes the framework for pesticide registration and the certified applicator system. State departments of agriculture administer the certification program under EPA-approved state plans.
Private vs. commercial applicator certification
FIFRA distinguishes between private applicators — farmers who apply restricted use pesticides only on their own land or land they rent or manage — and commercial applicators who apply pesticides for hire. Private applicator certification is simpler: most states require only a written test (not a separate category exam) covering pesticide safety, label reading, and environmental protection. Some states offer online private applicator certification. Commercial applicators must pass a general standards examination plus a category-specific examination for each category in which they seek certification. Agricultural pest control is Category 1 under EPA's system. Private applicators typically apply for certification through the county extension office or the state department of agriculture. Fees range from $10 to $100 depending on state. Renewal is every 3–5 years with continuing education requirements. Enforcement: using or having a non-certified employee apply restricted use pesticides without proper supervision carries civil penalties of up to $5,000 per violation under FIFRA § 14.
Pesticide recordkeeping requirements
Under 40 CFR Part 171.11, certified private applicators who apply federally restricted use pesticides must maintain application records for 2 years. Required records include: the product name, EPA registration number, total amount applied, crop or commodity treated, location of application, date of application, and the applicator's name. Records must be made available to state inspectors on request. Some states require more extensive recordkeeping — California's Department of Pesticide Regulation (CDPR) requires pesticide use reports to be filed monthly with the county agricultural commissioner for all pesticide applications, not just RUPs. Worker Protection Standard (WPS) requirements under 40 CFR Part 170 apply to farms with employees: employers must provide pesticide safety training, maintain a pesticide safety poster, provide access to the label and Safety Data Sheet (SDS) for each pesticide in use, provide decontamination supplies, and post field re-entry restrictions.
5. FSMA Produce Safety Rule compliance
The FDA Food Safety Modernization Act (FSMA) represents the most significant overhaul of U.S. food safety law in 70 years. The Produce Safety Rule is the FSMA rule most directly applicable to farms.
Coverage thresholds and exemptions
The Produce Safety Rule applies to farms that grow, harvest, pack, or hold covered produce — most raw agricultural commodities intended for human consumption as fresh produce. Excluded produce includes: items rarely consumed raw (e.g., coffee, grains not typically eaten fresh), produce used for personal consumption, and produce receiving commercial processing that adequately reduces biological hazards. Farms with average annual produce sales of $25,000 or less over the previous 3-year period are fully exempt. Farms qualifying for the "qualified exemption" (food sales ≤ $500,000/year with more than half sold in the same state or within 275 miles) are exempt from most provisions but must label produce with the farm name and address and maintain modified requirements. Farms above the qualified exemption threshold must be in full compliance with all provisions of 21 CFR Part 112.
Agricultural water quality requirements
Agricultural water used during or after the growing season when produce is in contact with the water must meet quality standards. FDA revised the agricultural water provisions of the Produce Safety Rule in 2024 (effective 2025–2026 depending on farm size) to replace the original numerical geometric mean standard with a system-based approach: farms must conduct an initial assessment of their water system and sources, taking into account factors that may introduce microbial hazards. Water testing may be required based on the initial assessment. Surface water (ponds, streams, rivers) is generally considered higher risk than groundwater (wells). Many farms already conduct routine water testing through state extension programs or private labs — those records can form the basis of the initial assessment. Contact your state's department of agriculture extension service for guidance specific to your water source type.
Biological soil amendments and manure restrictions
The Produce Safety Rule imposes restrictions on the use of biological soil amendments of animal origin (BSAAO) — including raw manure, compost, and other animal-derived soil amendments. Treated BSAAO (adequately composted material meeting time and temperature requirements) may be applied at any time. Raw or untreated manure timing restrictions: FDA has taken a risk-based approach, focusing on documentation that the amendment does not pose a food safety risk. The NOP organic standards are more prescriptive: raw manure must be incorporated into the soil at least 120 days before harvest of produce with edible portions in contact with soil (e.g., root vegetables, leafy greens) or 90 days for produce with no soil contact. The NOP standard applies to certified organic operations; the FSMA Produce Safety Rule applies to all covered farms. Follow the more conservative standard for each situation.
6. Organic certification: USDA NOP process
USDA organic certification is voluntary — but farms that use the USDA Organic seal or make organic claims without certification are subject to civil penalties of up to $20,776 per violation (2026 inflation-adjusted figure).
The 3-year transition period
Any land used for organic production must have had no prohibited substances applied for 36 months before the first harvest of a certified organic crop. "Prohibited substances" include virtually all synthetic pesticides, herbicides, fungicides, and fertilizers. The transition period runs from the last application of a prohibited substance to the first organic harvest — not from when you decide to pursue certification. This means a farm transitioning from conventional production cannot sell certified organic crops for 3 full years after the last conventional input application, even if they begin their certification application on day one. During the transition period, you may participate in USDA NRCS Organic Initiative programs that provide cost-share for transition-period expenses. Plan the transition period carefully — it is often the most financially challenging phase of organic farming because production costs rise (switching to more expensive organic inputs) while revenue remains at conventional prices.
Certifying agent selection and application
USDA-accredited certifying agents are the entities that actually inspect farms and issue organic certificates. You apply to a certifying agent — not directly to USDA — by submitting an application that includes your Organic System Plan (OSP), field history records for the past 3+ years, a list of all inputs (seeds, fertilizers, pest management products), and your farm map showing field boundaries. The certifying agent reviews the application and conducts an on-site inspection before issuing a certificate. Inspections are conducted annually; unannounced inspections may occur. Choose a certifying agent based on their experience with your crop type, their geographic coverage (inspectors must be able to reach your farm), and their fee structure. Oregon Tilth, CCOF, MOSA, and OCIA are among the larger national certifiers; state departments of agriculture in a few states (California, Oregon, Washington) offer state-sponsored certification programs.
7. Startup cost breakdown
Farm startup costs vary more dramatically than almost any other business type — from under $10,000 for a market garden to millions for a livestock operation. Here is a range for a mid-scale diversified vegetable farm on 50 owned acres:
| Item | Low | High |
|---|---|---|
| Land purchase (50 acres, varies widely by region) | $100,000 | $1,500,000 |
| Irrigation system (drip or overhead) | $15,000 | $80,000 |
| Tractor and implements | $30,000 | $150,000 |
| Greenhouse or high tunnel (if applicable) | $5,000 | $50,000 |
| Cold storage / refrigeration | $5,000 | $40,000 |
| Barn or storage building | $10,000 | $80,000 |
| Water right application (prior appropriation states) | $2,000 | $20,000 |
| Organic certification (first year) | $400 | $2,000 |
| Pesticide applicator license | $25 | $100 |
| Agricultural insurance (multi-peril crop) | $2,000 | $15,000 |
| Seeds, transplants, first season inputs | $5,000 | $30,000 |
| LLC formation and business licenses | $500 | $2,000 |
| Total (excluding land) | $74,925 | $469,100 |
USDA FSA farm loans (Operating Loans, Farm Ownership Loans) and USDA guaranteed loans through approved lenders are primary financing mechanisms for beginning farmers. The Beginning Farmer and Rancher program provides preference for applicants with 10 or fewer years of experience. Contact your local FSA office for current loan limits and application requirements.
Frequently asked questions
What is a USDA FSA farm number and why do I need one?
A USDA Farm Service Agency (FSA) farm number is a unique identifier assigned to an agricultural operation that links a farm operator to specific land tracts in the FSA's Common Land Unit (CLU) database. You need an FSA farm number to participate in any USDA program — commodity support payments, the Agriculture Risk Coverage (ARC) and Price Loss Coverage (PLC) programs, emergency assistance, conservation programs through NRCS, and FSA loan programs. To obtain a farm number, visit your local FSA county office and bring: proof of your identity (government-issued ID), proof of your legal right to operate the land (deed, lease, or cash rent agreement), and the legal description or GPS coordinates of the farm tracts. The FSA will conduct a farm record review, create tract numbers for each field, and assign your operation a farm number. There is no fee for registering with FSA. If you are renting land, the landowner may already have a farm number and tract numbers established — you will be added as the operator of record for the leased tracts. Farm number registration should happen before planting if you intend to participate in any USDA program in the current crop year, since program enrollment deadlines are typically in the spring.
What water rights does a farm need, and what is the difference between prior appropriation and riparian rights?
Water rights are the legal right to use a specific quantity of water from a specific source for agricultural irrigation. The doctrine that governs water rights depends on which state your farm is in. The prior appropriation doctrine — "first in time, first in right" — governs water law in 17 western states: Alaska, Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming, plus California and several others in hybrid form. Under prior appropriation, water rights are acquired by applying to the state engineer or state water board for a water right permit, specifying the point of diversion, the type of use (irrigation), the quantity (acre-feet per year or cubic feet per second), and the place of use (specific farm fields). The priority date (when you filed the application) determines your standing during shortage conditions — junior rights are curtailed before senior rights. In drought years, a junior water right holder may receive no water at all if senior appropriators fill their allocation first. The riparian doctrine governs most eastern states: landowners whose property borders a natural watercourse have the right to make reasonable use of that water as long as it doesn't unreasonably interfere with downstream owners. Riparian rights don't require a permit but are constrained by the reasonable use standard. Regardless of doctrine, most states require permits for any well used for irrigation — contact the state water board or state engineer's office before drilling.
What is the FSMA Produce Safety Rule and what farms must comply?
The FDA Food Safety Modernization Act (FSMA) Produce Safety Rule (21 CFR Part 112) establishes science-based minimum standards for the safe growing, harvesting, packing, and holding of fruits and vegetables for human consumption. The rule applies to farms that grow, harvest, pack, or hold covered produce (most fruits and vegetables) and are not subject to an exemption. Key exemptions: farms with average annual produce sales of $25,000 or less over the past 3 years are fully exempt; farms with average annual food sales of $500,000 or less that sell more than half their food directly to consumers or to restaurants and retailers in the same state or within 275 miles are "qualified exemptions" subject only to labeling requirements rather than full compliance. For farms above the thresholds, the rule covers: agricultural water quality (testing irrigation and post-harvest water for E. coli); biological soil amendments (restrictions on timing and use of raw manure and non-composted animal products); equipment and building sanitation; worker health and hygiene (handwashing, ill worker exclusion); and domesticated and wild animal intrusion management. Compliance dates have been phased in — all farms above the $25,000 exemption were required to be in full compliance by 2020 or 2022 depending on farm size. FDA conducts on-farm inspections; violations can trigger warning letters, injunctions, or suspension of food facility registration.
What pesticide applicator license does a farm need?
Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. § 136 et seq.), pesticides are classified as either "general use" (available to anyone) or "restricted use" (requiring a licensed applicator). Restricted use pesticides (RUPs) — which include many fumigants, organophosphates, and other high-toxicity products — may only be purchased and applied by a certified pesticide applicator or under the direct supervision of one. Certification is issued by the state lead agency (typically the state department of agriculture) and requires passing a written examination covering pest identification, pesticide safety, label reading, and application techniques. EPA defines 11 applicator certification categories; agricultural farmers typically need the "Agricultural Pest Control" category. The certification examination covers federal and state law, safety and environmental requirements, and category-specific pest management. Most states issue a 3–5 year certification with continuing education requirements for renewal. Private applicators (farmers applying only to their own land or land they rent) have a separate, less stringent certification path than commercial applicators who apply pesticides for hire. Any farm employee who applies restricted use pesticides must either be a certified applicator themselves or be working under the direct supervision of a certified applicator who is physically present at the application site.
What is USDA organic certification and how do I get it?
USDA organic certification under the National Organic Program (NOP) — authorized by the Organic Foods Production Act of 1990 (7 U.S.C. § 6501 et seq.) and implemented at 7 CFR Part 205 — allows a farm to label its products as "USDA Organic" or "Certified Organic." The requirements are: (1) Land must have had no prohibited substances (synthetic pesticides, herbicides, or fertilizers) applied for at least 3 years before the first organic harvest — this is the "transition period"; (2) Organic System Plan (OSP): you must develop and implement a written plan describing your seed selection practices, soil fertility management, pest and weed management, and recordkeeping system; (3) Certification is conducted by a USDA-accredited certifying agent (private or state agency) — there are more than 80 accredited certifiers in the U.S.; (4) Annual inspections by the certifying agent; (5) Detailed recordkeeping that allows any product to be traced from sale back through handling and production. Annual certification fees vary by certifier and operation size — typically $400–$2,000/year for small to mid-sized farms. USDA's NRCS Organic Initiative (now incorporated into EQIP) provides cost-share assistance for transitioning farms. Farms with annual gross organic sales of $5,000 or less are exempt from certification but may not use the USDA Organic seal.
What is premises registration and why is it required for livestock farms?
Premises registration assigns a unique Premises Identification Number (PIN) to livestock and poultry operations as part of USDA APHIS's National Animal Identification System (NAIS) infrastructure — the backbone of U.S. animal disease traceability. Premises registration is voluntary at the federal level but mandatory in several states (including Wisconsin, Michigan, and Indiana) and is effectively required in practice for any operation participating in federal animal disease programs, interstate movement programs, or export certification. To register, contact your state animal health official (typically the state veterinarian's office within the state department of agriculture) and provide your address, GPS coordinates, operation type (beef cattle, swine, poultry, sheep, goats, equine, etc.), and contact information. The PIN is used in USDA traceability programs and is required for: CVI (Certificate of Veterinary Inspection) for interstate livestock movement; tagging animals with official USDA ear tags for cattle moving through federally inspected slaughter; participating in USDA's Veterinary Services programs; and responding to APHIS disease surveillance and control programs. Many states also require a state livestock brand or registration for cattle and horses: contact your state livestock brand commissioner or brand board.
What state agriculture department registrations does a farm need?
Every state department of agriculture maintains registration and licensing programs that apply to agricultural operations, though the specific requirements vary substantially by state and commodity. Common requirements include: a nursery license or plant dealer license if you sell plants, seeds, or nursery stock (required in virtually every state and enforced by state ag department inspectors to control invasive species and plant pests); a dairy license from the state department of agriculture if you sell milk — raw milk sales are legal in some form in 44 states, but highly restricted and requiring additional state licensing in most; a produce handler license in some states for farms selling wholesale to retailers or distributors; a meat handler or custom processing exemption registration if you slaughter animals on-farm; an agricultural water well permit in states with well registration requirements; and a commercial feed dealer license if you sell livestock feed. Some states have added specific registration requirements for hemp farming (separate from recreational cannabis), aquaculture, beekeeping (apiary registration), and specialty crops. Contact your state department of agriculture's licensing division early in the planning process to get a complete list of applicable state-level requirements for your specific commodities.
What are the zoning and land use requirements for starting a farm?
Agricultural land is typically protected under agricultural zoning (A-1, AG, or similar designations) that permits farming as a matter of right. However, several factors can complicate the land use picture. Right-to-Farm laws: 49 states have enacted Right-to-Farm statutes that protect established agricultural operations from nuisance lawsuits by neighboring residential landowners. These laws generally require the operation to have been in existence before the complaining neighbor moved in and to be following generally accepted agricultural management practices. Agritourism: if you want to sell products on-farm, host farm tours, operate a U-Pick operation, or run farm events, many jurisdictions require a separate agritourism permit or conditional use permit — the farm is zoned AG but the retail/event component triggers additional review. On-farm processing: building a cheese processing room, a cider production facility, or a commercial kitchen on the farm often requires a separate food processing permit from the state department of agriculture and may require commercial zoning or a CUP if the structure exceeds a certain size. Groundwater protection: farms in wellhead protection areas or near municipal water supplies may face restrictions on fertilizer and pesticide applications under local wellhead protection ordinances or state groundwater protection programs.
Find the exact permits required for your farm
State department of agriculture registration requirements, water rights procedures, and FSMA compliance deadlines vary by state and commodity. StartPermit's free permit finder shows you the exact agencies, fees, and application links for your location.
Find my farm permitsOfficial Sources
- USDA Farm Service Agency: Farm Records and Farm Numbers
- USDA NRCS: Conservation Programs and Technical Assistance
- USDA Agricultural Marketing Service: National Organic Program (NOP)
- EPA: FIFRA — Pesticide Registration and Applicator Licensing
- FDA: FSMA Produce Safety Rule (21 CFR Part 112)
- USDA APHIS: Premises Registration and Livestock ID
- Bureau of Reclamation: Water Rights Overview
- SBA: Apply for Licenses and Permits