2013 Crop Year
Insuring Crops Planted Following a Cover Crop
November 29, 2012

For the 2013 crop year, the Risk Management Agency (RMA) in the Topeka Region filed two Special Provisions statements that will allow the haying or grazing of cover crops without impacting the insurability of planted 2013 spring crops provided certain conditions are met with regard to the destruction of the cover crop. In addition, the Topeka office also extended the period of time in which the cover crops may continue to grow without impacting the insurability of spring planted crops in the relatively rainfall rich eastern half of the region. These new flexibilities are in response to the widespread, severe drought conditions throughout our four-state region that has caused catastrophic damage to crops and forage supplies.

The two Special Provision statements that increase flexibilities with regards to crop insurance and cover crops are:

1.) Modification of the "double crop" statement. Although these statements may vary, depending on local climatic and agronomic conditions, all versions will allow for harvesting of cover crops. Moreover, in areas of relatively high, historic rainfall totals, cover crops are allowed to grow until 50 percent of the field has headed or budded. Below are the two primary statement used in the Topeka region:

a.) Missouri, Eastern Kansas, and Eastern Nebraska:

Insurance shall not attach or be considered to have attached to a planted non-irrigated crop on acreage from which, in the same calendar year:

1. A perennial hay crop was harvested; or
2. A crop (other than a cover crop) reached the headed or budded stage prior to termination, regardless of the percentage of plants that reach the headed or budded stage,
3. A cover crop is terminated after 50% of the cover crop has headed or budded.

b.) Colorado, Western Kansas, and Western Nebraska:

Insurance shall not attach or be considered to have attached to a planted non-irrigated crop on acreage from which, in the same calendar year: 1) A perennial hay crop was harvested; or 2) A crop, including a cover crop, reached the headed or budded stage prior to termination, regardless of the percentage of plants that reach the headed or budded stage.

2.) The following special provision statement allows for the haying or grazing cover crops without jeopardizing a prevented planting payment, provided the haying and grazing did not contribute to the acreage from being prevented from planting:

In lieu of Section 17(f)(5)(ii) of the Common Crop Insurance Basic Provisions, haying or grazing a cover crop will not impact eligibility for a prevented planting payment provided such action did not contribute to the acreage being prevented from planting.

The following are frequently asked questions with regard to cover crops and crop insurance for spring planted crops:

Q1: What is the purpose of the "double-crop" statement?

A1: The "double crop" statement is part of the Special Provisions in counties throughout Colorado, Kansas, Missouri, and Nebraska. It applies to most non-irrigated, spring planted crops (e.g. corn, grain sorghum, soybeans). Its purpose is to reduce the risks (e.g. soil moisture depletion, shortened growing season) associated with growing a spring planted crop which is planted following another crop, or cover crop.

Q2: What is RMA's definition of a cover crop?

A2: A crop generally recognized by agricultural experts as agronomically sound for the area for erosion control or other purposes related to conservation or soil improvement. If you would like more information on the types of cover crops that are agronomically sound in your area, please consult a local university extension advisor.

Q3: How does the 2013 double crop statement differ from previous years statements?

A3: Two changes were made to the double crop statement in 2013 to encourage an increase in forage supplies in our drought ravaged region. First, and in all counties in the Topeka region, the 2013 statement allows for the harvesting of "another crop" and a cover crop. Second, in the Eastern parts of our region (Missouri, and Eastern Kansas, and Eastern Nebraska), a cover crop is allowed to grow until 50 percent of the field has reached the headed or budded stage.

Q4: Can planting a cover crop adversely affect my crop insurance coverage for my succeeding spring planted crop (e.g. corn, grain sorghum, soybeans)?

A4: No. Planting a cover crop will not adversely affect the crop insurance coverage of your succeeding spring planted crop provided the cover crop is terminated in accordance with the Special Provision statement.

Q5: I farm in Missouri. I will follow my cover crop with non-irrigated soybeans, which I want to insure. Agricultural experts have advised me that I should "keep the cover crop on the acreage until the (cash) crop is ready to be planted". Will following this advice impact the insurability of my soybeans?

A5: For insurance to attach to your soybeans, your cover crop must be terminated with 50 percent or less of the field at the headed or budded stage. If you terminate the cover crop after 50 percent of the field has headed or budded, insurance cannot attach to the soybeans. RMA recommends that you discuss plans related to cover crops with your crop insurance agent.

Q6: I use a cover crop mix in my field. Some varieties head or bud earlier than others. For crop insurance purposes, at what point must I terminate the cover crop?

A6: In the Eastern portion of our region (i.e. Missouri, Eastern Kansas, and Eastern Nebraska), the cover crop must be terminated when 50 percent or less of the field has reached the headed and budded stage. Once the field exceeds 50 percent headed or budded, insurance cannot attach to the subsequent non-irrigated crop if the "double crop" statement is in the Special Provisions. In the Western portion of our region (i.e. Colorado, Western Kansas, and Western Nebraska), the cover crop must be terminated prior to reaching the headed or budded stage. If the cover crop reaches the headed or budded stage, regardless of the percentage of plants that reached the headed or budded stage, insurance will not attach to the subsequent non-irrigated crop if the "double crop" statement is in the Special Provisions.

Q7: Does the cover crop need to be terminated by chemical or mechanical means?

A7: A cover crop can be terminated by any means - chemical, mechanical, or even winterkill.

Q8: I plan to plant my corn directly into a living cover crop, and will terminate the cover crop before it reaches the growth stage criteria in the double crop statement. Will this affect the insurability of my corn?

A8: Yes. According to the Common Crop Insurance Policy Basic Provisions, Section 9 (a) (2), interplanting (e.g. planting corn into another living crop) renders the acreage uninsurable. Therefore, in the above scenario, the corn would not be insurable. To be insurable, you would have to first terminate the cover crop (according to the criteria in the double crop statement), then plant the corn.

For more information, contact the Topeka Regional Office.