Guidance

Storing and spreading biochar to benefit land: RPS 366

Published 26 February 2026

Applies to England

© Crown copyright 2026

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This publication is available at https://www.gov.uk/government/publications/storing-and-spreading-biochar-to-benefit-land-rps-366/storing-and-spreading-biochar-to-benefit-land-rps-366

This regulatory position statement (RPS) does not change your legal requirement to:

  • have an environmental permit where one is required
  • comply with the conditions of your environmental permit
  • register an activity as exempt where you are required to do so

However, the Environment Agency will not normally take enforcement action against you if you do not comply with these legal requirements provided that:

  • your activity meets the description set out in this RPS
  • you comply with the conditions set out in this RPS

In addition your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and must not:

  • cause a risk to water, air, soil, plants or animals
  • cause a nuisance through noise or odours
  • adversely affect the countryside or places of special interest

1. Activity this RPS applies to

This RPS applies to storing and spreading biochar (waste code 19 01 18) to benefit land.

2. Conditions you must comply with

You must:

  • register a U10 waste exemption (spreading waste to benefit agricultural land) or a U11 waste exemption (spreading waste on non-agricultural land)
  • only store and spread biochar to benefit land, where there is a nutrient need
  • only store up to 10 tonnes of biochar at any one time
  • only spread up to one tonne of biochar per hectare over any 12-month period
  • only store biochar for up to 12 months before spreading
  • store the biochar in a secure place
  • store or spread the biochar at least 10 metres from any watercourse and 50 metres from any spring, well or borehole
  • keep records for 2 years from the date of the last use of the RPS to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must only store and spread biochar produced from the pyrolysis of the following waste codes:

  • 02 01 03 – untreated plant tissue waste from agriculture, horticulture and forestry activities
  • 02 01 07 – untreated wood waste from forestry activities
  • 02 03 04 – vegetable waste unsuitable for consumption or processing
  • 03 01 01 – untreated waste bark and cork
  • 03 01 05 – untreated sawdust, wood shavings and wood cuttings
  • 03 03 01 – untreated waste bark and wood

Any spreading must comply with the code of good agricultural practice and any requirements for Nitrate Vulnerable Zones.

You must not:

  • spread biochar on land that has been frozen for 12 hours or more in the preceding 24 hours
  • spread biochar on land that is waterlogged, frozen or covered in snow
  • cause a nuisance through dust or particulates

3. Things to note

This RPS relates to an activity that the Environment Agency considers is potentially suitable to be an exemption under the Environmental Permitting (England and Wales) Regulations 2016. A change in law would be required for this.

4. When you must check back

The Environment Agency intends to review this RPS by 1 March 2029.

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn. Use the ‘Get emails about this page’ feature on the RPS publication page.

5. If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

6. Contact the Environment Agency

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk with RPS 366 in the subject.

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