For the purposes of BISS and other area-based schemes, the Department has defined an eligible hectare as an agricultural area that is used for an agricultural activity.

Agricultural Area

An Agricultural Area is comprised of arable land, permanent crops and permanent grassland, along with agroforestry systems.

Permanent Grassland is land used to grow grasses or herbaceous forage including heather and rushes and Permanent Crops are lands that yield repeated harvests, for example willow.

Non-agricultural areas are ineligible for payment irrespective of the activity being carried out. Non-agricultural areas include the following:

• Artificial areas such as roads, paths, buildings, farmyards, quarries
• Waterbodies such as streams, lakes, and ponds greater than 0.2 ha.
• Sand
• Areas predominately used as sports fields, golf courses, pitch-and-putt courses.

Agricultural Activity

An agricultural activity includes the production of agricultural products, such as livestock or growing crops or can involve the maintenance of the agricultural area.

An agricultural activity will be determined by the characteristics of the agricultural area. Clear and obvious signs of a maintenance activity within the agricultural parcel must exist that make it suitable for grazing or cultivation, without preparatory action going beyond the use of usual agricultural methods and machinery. This can include the following:

• Topping
• Mulching
• Controlled burning
• Spraying

This may also include clear and obvious signs of ongoing maintenance activities on the Landscape Features that exist within the agricultural parcel. This can include the following:

• Hedge cutting
• Ditch cleaning

Once evidence of ongoing maintenance is visible, the height of permanent grassland within the agricultural parcel is not relevant.

Other Eligible Areas

An eligible hectare is firstly an agricultural area that is used for an agricultural activity, but it can also contain other areas as set out below.

Designated Landscape Features

Hedgerows, including trees in a line, drains, ponds (less than 0.2ha), stonewalls, Designated Habitat (former REPS 4A habitats) and National Monuments are all known as Designated Landscape features and are all eligible for payment and are considered part of the eligible hectare.

Beneficial Features

Other beneficial features, such as scrub and rock may occupy up to 50pc of the reference parcel provided that they do not impact the agricultural activity. These features can be scattered throughout the reference parcel or can be confined to a particular area within the parcel.

Any artificial features (roadways etc.) plus any waterbodies (rivers, streams etc.) must be deducted in full. However, beneficial features will be deemed part of the eligible hectare once they are less than 50% of the reference parcel area minus deductions for any artificial features and waterbodies.

The main beneficial features are set out below:

• Scrub
• Trees
• Woodland
• Habitat
• Rock

Where beneficial features are present, there are three possible categories that a parcel can be placed in.

Parcel Reductions

The above categories apply to Permanent Grassland only. Arable lands and Permanent Crops where the percentage exceeds 50pc are deemed ineligible.

Land Area for Livestock Stocking Calculations

The Eligible Hectare (EH) value at reference parcel level is the eligible area for payment purposes. The LPIS parcel information is also used as the basis for the stocking rate calculation for Nitrates and for Active Farmer, ANC and Eco scheme.

The Reference area is calculated to decide the livestock stocking density for these regulations and schemes. The Reference area is the area available for grazing. It is the digitised area of a parcel less the area under Ineligible and Beneficial features.

There can be cases where the reference area will be less than the Eligible Hectare for a parcel e.g, a parcel of 10 ha with 2 ha of scrub would have an EH value of 10 ha, but a reference area of 8ha.