The province is changing its nitrogen approach so that livestock farmers can reduce their nitrogen emissions. This is necessary to break the current deadlock. The province aligns with the framework that IPO, together with LTO, NAJK, municipalities, and water boards, presented earlier this year. The essence of the new approach is that farmers can now suffice with a notification when reducing nitrogen emissions, and no longer need to apply for a permit. This approach also offers more options for farmers to reduce emissions. This way, nitrogen emissions can actually decrease, contributing to the goal of ‘Keeping Brabant Open.’
Since early 2025, the national government has been working on plans to reduce nitrogen emissions through the Ministerial Committee on Economy and Nature. So far, this has not yielded sufficient results. Therefore, IPO, together with LTO, NAJK, municipalities, and water boards, has developed building blocks and submitted them to the cabinet. These call for a shift towards emission control with an emission ceiling at the company level. Brabant is moving forward with the now established approach. This will ultimately create space for (sustainable) economic developments in Brabant, such as housing, business activities, and infrastructure.
New Approach
If a livestock farmer takes measures that contribute to the restoration or maintenance of nature, no permit is required. For measures aimed at achieving the conservation objectives of Natura 2000, there is no nature permit obligation. The province introduces a notification requirement and records the measures to be taken with a customized decision. This approach does not allow for expansion of animal places because that could have a detrimental effect on Natura 2000. Therefore, a permit remains necessary for the expansion of animal places. Jurisprudence shows that when taking appropriate measures, 100% certainty about the effect of the measures is not required, unlike in permit granting.
Since 2017, the province of North Brabant has required livestock farmers to modernize outdated barns. Several farmers have already addressed their outdated barns, but a large portion has not yet taken steps. Additionally, all permit granting is currently in a deadlock due to legal uncertainty about low-emission stable systems and the poor condition of Natura 2000 areas. With this new approach, the province expects to break out of the current deadlock. Under the permit system, certain developments could not proceed, even though they would result in nitrogen reduction. By switching to nitrogen reduction as an appropriate measure, new prospects arise for nature and entrepreneurs from all sectors.
Emission Ceiling
The province is working towards a company location emission ceiling by 2035, which must be on average 46% lower than emissions in 2019 at those locations. For some subsectors, such as pig farming, this percentage may be significantly higher. For other sectors, it may be lower. This depends on the possibilities to reduce emissions in the various livestock sectors. As in current provincial policy, farmers must modernize outdated barns to reduce nitrogen emissions. Cattle and dairy farmers must modernize barns every 20 years, other farmers every 15 years. The timing for modernization aligns with regular investment moments for barns. Besides stable innovations, there are other measures a farmer can take, such as nature-inclusive farming. Entrepreneurs gain clarity about the reduction path, and every farmer with an outdated stable system remains obliged to invest in modernization. This can be done in this new approach by choosing from a menu of measures.
The province consciously chooses a course change that places nature restoration central while simultaneously offering action perspectives to farmers who want to become more sustainable. Deputy Wilma Dirken (Nitrogen) explains: We face a tough challenge: achieving nature restoration and offering entrepreneurs perspective. With this adjustment, we clarify what we ask of the sector and simultaneously offer freedom of choice. Farmers can decide for themselves how to reduce their emissions, for example through innovative stable systems, feed measures, fewer animals, or nature-inclusive farming. This makes the transition feasible and sustainable.
Next Steps
The province will further elaborate the adjustment of ammonia emission requirements in the coming weeks. GS will propose to PS to include the adjustment in the planned amendment of the environmental regulation in December 2025.
