Farmland preservation

Wis. Stat. ch. 91

in effect

Wis. Stat. § 91.01 Definitions

In this chapter: (1) “Accessory use” means any of the following land uses on a farm: (a) A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. (b) An activity or business operation that is an integral part of, or incidental to, an agricultural use. (c) A farm residence. (d) A business, activity, or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than those described in par. (a) or (c), that employs no more than 4 full-time employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland. (e) Any other use that the department, by rule, identifies as an accessory use. (1m) “Agricultural enterprise area” means an area designated in accordance with s. 91.84. (2) “Agricultural use” means any of the following: (a) Any of the following activities conducted for the purpose of producing an income or livelihood: 1. Crop or forage production. 2. Keeping livestock. 3. Beekeeping. 4. Nursery, sod, or Christmas tree production. 4m. Floriculture. 5. Aquaculture. 6. Fur farming. 7. Forest management. 8. Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program. (b) Any other use that the department, by rule, identifies as an agricultural use. (3) “Agriculture-related use” means any of the following: (a) An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes. (b) Any other use that the department, by rule, identifies as an agriculture-related use. (5) “Base farm tract” means one of the following: (a) All land, whether one parcel or 2 or more contiguous parcels, that is in a farmland preservation zoning district and that is part of a single farm on the date that the department under s. 91.36 (1) first certifies the farmland preservation zoning ordinance covering the land or on an earlier date specified in the farmland preservation zoning ordinance, regardless of any subsequent changes in the size of the farm. (b) Any other tract that the department by rule defines as a base farm tract. (6) “Certified farmland preservation plan” means a farmland preservation plan that is certified as determined under s. 91.12. (7) “Certified farmland preservation zoning ordinance” means a zoning ordinance that is certified as determined under s. 91.32. (8) “Chief elected official” means the mayor of a city or, if the city is organized under subch. I of ch. 64, the president of the council of that city, the village president of a village, the town board chairperson of a town, or the county executive of a county, or, if the county does not have a county executive, the chairperson of the county board of supervisors. (9) “Comprehensive plan” has the meaning given in s. 66.1001 (1) (a). (10) “Conditional use” means a use allowed under a conditional use permit, special exception, or other special zoning permission issued by a political subdivision. (11) “County land conservation committee” means a committee created under s. 92.06 (1). (12) “Department” means the department of agriculture, trade and consumer protection. (13) “Farm” means all land under common ownership that is primarily devoted to agricultural use. (14) “Farm acreage” means size of a farm in acres. (15) “Farmland preservation agreement” means any of the following agreements between an owner of land and the department under which the owner agrees to restrict the use of land in return for tax credits: (a) A farmland preservation agreement or transition area agreement entered into under s. 91.13, 2007 stats., or s. 91.14, 2007 stats. (b) An agreement entered into under s. 91.60 (1). (16) “Farmland preservation area” means an area that is planned primarily for agricultural use or agriculture-related use, or both, and that is one of the following: (a) Identified as an agricultural preservation area or transition area in a farmland preservation plan described in s. 91.12 (1). (b) Identified under s. 91.10 (1) (d) in a farmland preservation plan described in s. 91.12 (2). (17) “Farmland preservation plan” means a plan for the preservation of farmland in a county, including an agricultural preservation plan under subch. IV of ch. 91, 2007 stats. (18) “Farmland preservation zoning district” means any of the following: (a) An area zoned for exclusive agricultural use under an ordinance described in s. 91.32 (1). (b) A farmland preservation zoning district designated under s. 91.38 (1) (c) in an ordinance described in s. 91.32 (2). (19) “Farm residence” means any of the following structures that is located on a farm: (a) A single-family or duplex residence that is the only residential structure on the farm or is occupied by any of the following: 1. An owner or operator of the farm. 2. A parent or child of an owner or operator of the farm. 3. An individual who earns more than 50 percent of his or her gross income from the farm. (b) A migrant labor camp that is certified under s. 103.92. (20) “Gross farm revenues” has the meaning given in s. 71.613 (1) (g). (20m) “Livestock” means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish. (21) “Nonfarm residence” means a single-family or multi-family residence other than a farm residence. (22) “Nonfarm residential acreage” means the total number of acres of all parcels on which nonfarm residences are located. (22m) “Overlay district” means a zoning district that is superimposed on one or more other zoning districts and imposes additional restrictions on the underlying districts. (23) “Owner” means a person who has an ownership interest in land. (23m) “Permitted use” means a use that is allowed without a conditional use permit, special exception, or other special zoning permission. (24) “Political subdivision” means a city, village, town, or county. (25) “Prime farmland” means any of the following: (a) An area with a class I or class II land capability classification as identified by the natural resources conservation service of the federal department of agriculture. (b) Land, other than land described in par. (a), that is identified as prime farmland in a certified farmland preservation plan. (26) “Prior nonconforming use” means a land use that does not conform with a farmland preservation zoning ordinance, but that existed lawfully before the farmland preservation zoning ordinance was enacted. (27) “Protected farmland” means land that is located in a farmland preservation zoning district, is covered by a farmland preservation agreement, or is otherwise legally protected from nonagricultural development. (28) “Taxable year” has the meaning given in s. 71.01 (12).

Wis. Stat. § 91.02 Rule making

(1) The department shall promulgate rules that set forth technical specifications for farmland preservation zoning maps under s. 91.38 (1) (d). (2) The department may promulgate rules for the administration of this chapter, including rules that do any of the following: (a) Identify accessory uses under s. 91.01 (1) (e). (b) Identify agricultural uses under s. 91.01 (2) (b). (c) Identify agriculture-related uses under s. 91.01 (3) (b). (d) Identify base farm tracts under s. 91.01 (5) (b). (e) Specify requirements for certification under s. 91.18 (1) (b). (f) Require information in an application for certification of a farmland preservation plan or amendment under s. 91.20 (4). (g) Specify types of ordinance amendments for which certification is required under s. 91.36 (8) (b) 3. (h) Specify exceptions to the requirement that land in a farmland preservation zoning district be included in a farmland preservation area under s. 91.38 (1) (g). (i) Specify requirements for certification of a farmland preservation zoning ordinance under s. 91.38 (1) (i). (j) Require information in an application for certification of a farmland preservation zoning ordinance or amendment under s. 91.40 (5). (k) Authorize additional uses in a farmland preservation zoning district under s. 91.42 (4). (L) Authorize additional uses as permitted uses in a farmland preservation zoning district under s. 91.44 (1) (g). (m) Authorize additional uses as conditional uses in a farmland preservation zoning district under s. 91.46 (1) (j). (p) Require information in an application for a farmland preservation agreement under s. 91.64 (2) (h). (r) Prescribe procedures for compliance monitoring under s. 91.82 (3).

Wis. Stat. § 91.03 Intergovernmental cooperation

State agencies shall cooperate with the department in the administration of this chapter and in other matters related to the preservation of farmland in this state. State agencies shall, to the extent feasible, cooperate in sharing and standardizing relevant information, identifying and mapping significant agricultural resources, and planning and evaluating the impact of state actions on agriculture.

Wis. Stat. § 91.04 Department to report

At least once every 2 years, beginning not later than December 31, 2011, the department shall submit a farmland preservation report to the joint committee on finance, the standing committees of the legislature with jurisdiction over agriculture under s. 13.172 (3), and the board of agriculture, trade and consumer protection and provide copies of the report to the department of revenue and the department of administration. The department shall prepare the report in cooperation with the department of revenue and shall include all of the following in the report: (1) A review and analysis of farmland availability, uses, and use trends in this state, including information related to farmland conversion statewide and by county. (2) A review and analysis of relevant information related to the farmland preservation program under this chapter and associated tax credit claims under subch. IX of ch. 71, including information related to all of the following: (a) Participation in the program by political subdivisions and landowners. (b) Tax credit claims by landowners, including the number of claimants, the amount of credits claimed, acreage covered by tax credit claims, the amount of credits claimed under zoning ordinances and under farmland preservation agreements, and relevant projections and trends. (bm) The amount of the tax credits per qualifying acre, and the recommendations of the department for the tax credit amounts. (c) The number, identity, and location of counties with certified farmland preservation plans. (d) Trends and developments related to certification of farmland preservation plans. (e) The number, identity, and location of political subdivisions with certified farmland preservation zoning ordinances. (f) Trends and developments related to certification of farmland preservation zoning ordinances. (g) The number, nature, and location of agricultural enterprise areas. (h) The number and location of farms covered by farmland preservation agreements, including new farmland preservation agreements, and the number and location of farms for which farmland preservation agreements have expired. (i) Conservation compliance by landowners under s. 91.80 and compliance activities by county land conservation committees under s. 91.82. (j) Rezoning of land out of farmland preservation zoning districts under s. 91.48. (k) Program costs, cost trends, and cost projections. (L) Key issues related to program performance and key recommendations, if any, for enhancing the program.

Wis. Stat. § 91.10 County plan required; planning grants

(1) By January 1, 2016, a county shall adopt a farmland preservation plan that does all of the following: (a) States the county’s policy related to farmland preservation and agricultural development, including the development of enterprises related to agriculture. (b) Identifies, describes, and documents other development trends, plans, or needs, that may affect farmland preservation and agricultural development in the county, including trends, plans, or needs related to population and economic growth, housing, transportation, utilities, communications, business development, community facilities and services, energy, waste management, municipal expansion, and environmental preservation. (c) Identifies, describes, and documents all of the following: 1. Agricultural uses of land in the county at the time that the farmland preservation plan is adopted, including key agricultural specialities, if any. 2. Key agricultural resources, including available land, soil, and water resources. 3. Key infrastructure for agriculture, including key processing, storage, transportation, and supply facilities. 4. Significant trends in the county related to agricultural land use, agricultural production, enterprises related to agriculture, and the conversion of agricultural lands to other uses. 5. Anticipated changes in the nature, scope, location, and focus of agricultural production, processing, supply, and distribution. 6. Goals for agricultural development in the county, including goals related to the development of enterprises related to agriculture. 7. Actions that the county will take to preserve farmland and to promote agricultural development. 7m. Policies, goals, strategies, and proposed actions to increase housing density in areas that are not identified under par. (d). 8. Key land use issues related to preserving farmland and to promoting agricultural development and plans for addressing those issues. (d) Clearly identifies areas that the county plans to preserve for agricultural use and agriculture-related uses, which may include undeveloped natural resource and open space areas but may not include any area that is planned for nonagricultural development within 15 years after the date on which the plan is adopted. (dm) Describes the rationale used to determine which areas to identify under par. (d). (e) Includes maps that clearly delineate all areas identified under par. (d), so that a reader can easily determine whether a parcel is within an identified area. (f) Clearly correlates the maps under par. (e) with text that describes the types of land uses planned for each area on a map. (g) Identifies programs and other actions that the county and local governmental units within the county may use to preserve the areas identified under par. (d). (2) If the county has a comprehensive plan, the county shall include the farmland preservation plan in its comprehensive plan and shall ensure that the farmland preservation plan is consistent with the comprehensive plan. The county may incorporate information contained in other parts of the comprehensive plan into the farmland preservation plan by reference. (3) To adopt a farmland preservation plan under sub. (1), a county shall follow the procedures under s. 66.1001 (4) for the adoption of a comprehensive plan. (4) The department may provide information and assistance to a county in developing a farmland preservation plan under sub. (1). (5) A county shall notify the department before the county holds a public hearing on a proposed farmland preservation plan under sub. (1) or on any amendment to a farmland preservation plan. The county shall include a copy of the proposed farmland preservation plan or amendment in the notice. The department may review and comment on the plan or amendment. (6) (a) From the appropriation under s. 20.115 (7) (dm) or (tm), the department may award a planning grant to a county to provide reimbursement for up to 50 percent of the county’s cost of preparing a farmland preservation plan required under sub. (1). In determining priorities for awarding grants under this subsection, the department shall consider the expiration dates for plan certification under s. 91.14. (b) The department shall enter into a contract with a county to which it awards a planning grant under par. (a) before the department distributes any grant funds to the county. In the contract, the department shall identify the costs that are eligible for reimbursement through the grant. (c) The department may distribute grant funds under this subsection only after the county shows that it has incurred costs that are eligible for reimbursement under par. (b). The department may not distribute more than 50 percent of the amount of a grant under this subsection for a farmland preservation plan before the county submits the farmland preservation plan for certification under s. 91.16.

Wis. Stat. § 91.12 Certified plan

The following farmland preservation plans are certified, for the purposes of this chapter and s. 71.613: (1) An agricultural preservation plan that was certified under s. 91.06, 2007 stats., if the certification has not expired. (2) A farmland preservation plan that was certified under s. 91.16 if the certification has not expired or been withdrawn.

Wis. Stat. § 91.14 Expiration of plan certification

(1) Except as provided under sub. (4), the certification of a farmland preservation plan that was certified under s. 91.06, 2007 stats., expires on the date provided in the certification or, if the certification does not provide an expiration date, on the following date: (a) December 31, 2011, for a county with an increase in population density of more than 9 persons per square mile. (b) December 31, 2012, for a county with an increase in population density of more than 3.75 but not more than 9 persons per square mile. (c) December 31, 2013, for a county with an increase in population density of more than 1.75 but not more than 3.75 persons per square mile. (d) December 31, 2014, for a county with an increase in population density of more than 0.8 but not more than 1.75 persons per square mile. (e) December 31, 2015, for a county with an increase in population density of not more than 0.8 person per square mile. (2) The certification of a farmland preservation plan that the department certifies under s. 91.16 expires on the date specified under s. 91.16 (2). (3) For the purposes of sub. (1), a county’s increase in population density is the number by which the county’s population per square mile based on the department of administration’s 2007 population estimate under s. 16.96 exceeds the county’s population per square mile based on the 2000 federal census. (4) The secretary of agriculture, trade and consumer protection may delay the date for the expiration of a county’s farmland preservation plan for up to 2 years beyond the date under sub. (1) upon a written request from the county demonstrating to the secretary’s satisfaction that a delay would allow the county to concurrently develop a farmland preservation plan and a comprehensive plan or an update to a comprehensive plan.

Wis. Stat. § 91.16 Certification of plan by the department

(1) General. The department may certify a farmland preservation plan or an amendment to a farmland preservation plan as provided in this section. (2) Certification period. (a) The department may certify a farmland preservation plan for a period that does not exceed 10 years. The department shall specify the expiration date of the certification of the farmland preservation plan in the certification. (b) The certification of an amendment to a certified farmland preservation plan expires on the date that the certification of the farmland preservation plan expires, except that the department may treat a comprehensive revision of a certified farmland preservation plan as a new farmland preservation plan and shall specify an expiration date for the certification of the revised farmland preservation plan as provided in par. (a). (3) Scope of department review. (a) The department may certify a county’s farmland preservation plan or an amendment to the farmland preservation plan based on the county’s certification under s. 91.20 (3), without conducting any additional review or audit. (b) The department may do any of the following before it certifies a county’s farmland preservation plan or amendment: 1. Review the farmland preservation plan or amendment for compliance with s. 91.18. 2. Review and independently verify the application for certification, including the statement under s. 91.20 (3). (4) Denial of certification. The department shall deny a county’s application for certification of a farmland preservation plan or amendment if the department finds any of the following: (a) That the farmland preservation plan or amendment does not comply with the requirements in s. 91.18. (b) That the application for certification does not comply with s. 91.20. (5) Written decision; deadline. The department shall grant or deny an application for certification under this section no more than 90 days after the day on which the county submits a complete application, unless the county agrees to an extension. The department shall issue its decision in the form required by s. 227.47 (1). (6) Conditional certification. The department may grant an application for certification under this section subject to conditions specified by the department in its decision under sub. (5). The department may certify a farmland preservation plan or amendment contingent upon the county board adopting the farmland preservation plan or amendment as certified. (7) Effective date of certification. A certification under this section takes effect on the day on which the department issues its decision, except that if the department specifies conditions under sub. (6), the certification takes effect on the day on which the department determines that the county has met the conditions. (8) Effectiveness of plan amendments. For purposes of this chapter and s. 71.613, a certified farmland preservation plan does not include an amendment adopted after July 1, 2009, unless the department certifies the amendment. (9) Withdrawal of certification. The department may withdraw a certification that it granted under sub. (3) (a) if the department finds that the farmland preservation plan materially violates the requirements under s. 91.18.

Wis. Stat. § 91.18 Requirements for certification of plan

(1) A farmland preservation plan qualifies for certification under s. 91.16 if it complies with all of the following: (a) The requirements in s. 91.10 (1) and (2). (b) Any other requirements that the department specifies by rule. (2) An amendment to a farmland preservation plan qualifies for certification under s. 91.16 if it complies with all of the requirements in sub. (1) that are relevant to the amendment and it does not cause the farmland preservation plan to violate any of the requirements in sub. (1).

Wis. Stat. § 91.20 Applying for certification of plan

A county seeking certification of a farmland preservation plan or amendment to a farmland preservation plan shall submit all of the following to the department in writing, along with any other relevant information that the county chooses to provide: (1) The proposed farmland preservation plan or amendment. (2) All of the following background information: (a) A concise summary of the farmland preservation plan or amendment, including key changes from any previously certified farmland preservation plan. (b) A concise summary of the process by which the farmland preservation plan or amendment was developed, including public hearings, notice to and involvement of other governmental units within the county, approval by the county, and identification of any key unresolved issues between the county and other governmental units within the county related to the farmland preservation plan or amendment. (c) The relationship of the farmland preservation plan or amendment to any county comprehensive plan. (3) A statement, signed by the county corporation counsel and the county planning director or chief elected official, certifying that the farmland preservation plan or amendment complies with all of the requirements in s. 91.18. (4) Other relevant information that the department requires by rule.

Wis. Stat. § 91.30 Authority to adopt

A political subdivision may adopt and administer a farmland preservation zoning ordinance in accordance with s. 59.69, 60.61, 60.62, or 62.23.

Wis. Stat. § 91.32 Certified ordinance

The following zoning ordinances are certified, for the purposes of this chapter and s. 71.613: (1) An exclusive agricultural use zoning ordinance that was certified under s. 91.06, 2007 stats., if the certification has not expired or been withdrawn. (2) A farmland preservation zoning ordinance that was certified under s. 91.36 if the certification has not expired or been withdrawn.

Wis. Stat. § 91.34 Expiration of zoning certification

(1) Except as provided under sub. (4), the certification of a farmland preservation zoning ordinance that was certified under s. 91.06, 2007 stats., expires on the date provided in the certification or, if the certification does not provide an expiration date, on the following date: (a) December 31, 2012, for a county with an increase in population density of more than 9 persons per square mile or a city, village, or town in such a county. (b) December 31, 2013, for a county with an increase in population density of more than 3.75 but not more than 9 persons per square mile or a city, village, or town in such a county. (c) December 31, 2014, for a county with an increase in population density of more than 1.75 but not more than 3.75 persons per square mile or a city, village, or town in such a county. (d) December 31, 2015, for a county with an increase in population density of more than 0.8 but not more than 1.75 persons per square mile or a city, village, or town in such a county. (e) December 31, 2016, for a county with an increase in population density of not more than 0.8 person per square mile or a city, village, or town in such a county. (2) The certification of a farmland preservation zoning ordinance that the department certifies under s. 91.36 expires on the date specified under s. 91.36 (2). (3) For the purposes of sub. (1), a county’s increase in population density is the number by which the county’s population per square mile based on the department of administration’s 2007 population estimate under s. 16.96 exceeds the county’s population per square mile based on the 2000 federal census. (4) The secretary of agriculture, trade and consumer protection may delay the date for the expiration of a political subdivision’s farmland preservation zoning ordinance for up to 2 years beyond the date under sub. (1) upon a written request from the political subdivision demonstrating to the secretary’s satisfaction that a delay would allow the political subdivision to concurrently develop a farmland preservation zoning ordinance and a comprehensive plan or an update to a comprehensive plan.

Wis. Stat. § 91.36 Certification of zoning ordinance by the department

(1) General. The department may certify a farmland preservation zoning ordinance or an amendment to a farmland preservation zoning ordinance as provided in this section. (2) Certification period. (a) The department may certify a farmland preservation zoning ordinance for a period that does not exceed 10 years. The department shall specify the expiration date of the certification of the farmland preservation zoning ordinance in the certification. (b) The certification of an amendment to a certified farmland preservation zoning ordinance expires on the date that the certification of the farmland preservation zoning ordinance expires, except that the department may treat a comprehensive revision of a certified farmland preservation zoning ordinance as a new farmland preservation zoning ordinance and specify an expiration date for the certification of the revised farmland preservation zoning ordinance as provided in par. (a). (3) Scope of department review. (a) The department may certify a farmland preservation zoning ordinance or amendment to a farmland preservation zoning ordinance based on statements submitted under s. 91.40 (3) and (4), without conducting any additional review or audit. (b) The department may do any of the following before it certifies a farmland preservation zoning ordinance or amendment: 1. Review the farmland preservation zoning ordinance or amendment for compliance with the requirements under s. 91.38. 2. Review and independently verify the application for certification, including the statements under s. 91.40 (3) and (4). (4) Denial of certification. The department shall deny an application for certification of a farmland preservation zoning ordinance or amendment if the department finds any of the following: (a) That the farmland preservation zoning ordinance or amendment does not comply with the requirements in s. 91.38. (b) That the application for certification does not comply with s. 91.40. (5) Written decision; deadline. The department shall grant or deny an application for certification under this section no more than 90 days after the day on which the political subdivision submits a complete application, unless the political subdivision agrees to an extension. The department shall issue its decision in the form required by s. 227.47 (1). (6) Conditional certification. The department may grant an application for certification under this section subject to conditions specified by the department in its decision under sub. (5). The department may certify a farmland preservation zoning ordinance or amendment contingent upon the political subdivision adopting the farmland preservation zoning ordinance or amendment as certified. (7) Effective date of certification. A certification under this section takes effect on the day on which the department issues the certification, except that if the department specifies conditions under sub. (6), the certification takes effect on the day on which the department determines that the political subdivision has met the conditions. (8) Amendments to ordinances; certification. (a) Except as provided in par. (b), an amendment to a certified farmland preservation zoning ordinance is automatically considered to be certified as part of the certified farmland preservation zoning ordinance. (b) An amendment to a certified farmland preservation zoning ordinance that is one of the following and that is adopted after July 1, 2009, is not automatically considered to be certified: 1. An amendment that is a comprehensive revision of a certified farmland preservation zoning ordinance. 2. An amendment that extends coverage of a certified farmland preservation zoning ordinance to a town that was not previously covered. 3. An amendment of a type specified by the department by rule that may materially affect compliance of the certified farmland preservation zoning ordinance with the requirements under s. 91.38. (c) The department may withdraw certification of a farmland preservation zoning ordinance if, as a result of an amendment adopted after July 1, 2009, the amended farmland preservation zoning ordinance fails to comply with the requirements under s. 91.38. This paragraph applies regardless of whether the farmland preservation zoning ordinance was originally certified under s. 91.06, 2007 stats., or under this section. (d) A political subdivision shall notify the department in writing whenever the political subdivision adopts an amendment that is described in par. (b) 1. to 3. to a certified farmland preservation zoning ordinance. The political subdivision shall include a copy of the amendment in the notice. This paragraph does not apply to an amendment that rezones land out of a farmland preservation zoning district.

Wis. Stat. § 91.38 Requirements for certification of ordinance

(1) A farmland preservation zoning ordinance does not qualify for certification under s. 91.36 unless all of the following apply: (a) The farmland preservation zoning ordinance includes jurisdictional, organizational, and enforcement provisions that are necessary for proper administration. (c) The farmland preservation zoning ordinance clearly designates farmland preservation zoning districts in which land uses are limited in compliance with s. 91.42. (d) The farmland preservation zoning ordinance includes maps that clearly delineate each farmland preservation zoning district, so that a reader can easily determine whether a parcel is within a farmland preservation zoning district; that are correlated to the text under par. (e); and that comply with technical specifications that the department establishes by rule. (e) The text of the farmland preservation zoning ordinance clearly describes the types of land uses authorized in each farmland preservation zoning district. (f) The farmland preservation zoning ordinance is substantially consistent with a certified farmland preservation plan. (g) Except as provided by the department by rule, land is not included in a farmland preservation zoning district unless the land is included in a farmland preservation area identified in the county certified farmland preservation plan. (h) If an overlay district, such as an environmental corridor, is superimposed on a farmland preservation zoning district, all of the following apply: 1. The farmland preservation zoning ordinance clearly identifies the overlay district as such. 2. The overlay district is shown on the maps under par. (d) in a way that allows a reader to easily identify the underlying farmland preservation zoning district and its boundaries. 3. The overlay district does not remove land use restrictions from the underlying farmland preservation zoning district. (i) The farmland preservation zoning ordinance complies with any other requirements that the department specifies by rule. (2) An amendment to a farmland preservation zoning ordinance qualifies for certification under s. 91.36 if it complies with all of the requirements in sub. (1) that are relevant to the amendment and it does not cause the farmland preservation zoning ordinance to violate any of the requirements in sub. (1). (3) The limits on land uses in farmland preservation districts under s. 91.42 are minimum standards for certification of a farmland preservation zoning ordinance under s. 91.36.

Wis. Stat. § 91.40 Applying for certification of ordinance

A political subdivision seeking certification of a farmland preservation zoning ordinance or amendment to a farmland preservation zoning ordinance shall submit all of the following to the department in writing, along with any other relevant information that the political subdivision chooses to provide: (1) The complete farmland preservation zoning ordinance or amendment proposed for certification. (2) All of the following background information: (a) A concise summary of the farmland preservation zoning ordinance or amendment, including key changes from any previously certified farmland preservation zoning ordinance. (b) A concise summary of the process by which the farmland preservation zoning ordinance or amendment was developed, including public hearings, notice to and involvement of other governmental units, approval by the political subdivision, and identification of any key unresolved issues with other governmental units related to the farmland preservation zoning ordinance or amendment. (c) A description of the relationship of the farmland preservation zoning ordinance or amendment to the county certified farmland preservation plan, including any material inconsistencies between the farmland preservation zoning ordinance or amendment and the county certified farmland preservation plan. (3) A statement, signed by the county planning director or the chief elected official, certifying that the farmland preservation zoning ordinance or amendment complies with s. 91.38 (1) (f) and (g). (4) A statement, signed by the applicant’s attorney or chief elected official, certifying that the farmland preservation zoning ordinance or amendment complies with all applicable requirements in s. 91.38. (5) Other relevant information that the department requires by rule.

Wis. Stat. § 91.42 Land use in farmland preservation zoning districts; general

A farmland preservation zoning ordinance does not qualify for certification under s. 91.36, if the farmland preservation zoning ordinance allows a land use in a farmland preservation zoning district other than the following land uses: (1) Uses identified as permitted uses in s. 91.44. (2) Uses identified as conditional uses in s. 91.46. (3) Prior nonconforming uses, subject to s. 59.69 (10), 60.61 (5), or 62.23 (7) (h). (4) Other uses allowed by the department by rule.

Wis. Stat. § 91.44 Permitted uses

(1) Except as provided in s. 84.01 (34), a farmland preservation zoning ordinance does not comply with s. 91.42 if the farmland preservation zoning ordinance allows as a permitted use in a farmland preservation zoning district a land use other than the following land uses: (a) Agricultural uses. (b) Accessory uses. (c) Agriculture-related uses. (d) Nonfarm residences constructed in a rural residential cluster in accordance with an approval of the cluster as a conditional use under s. 91.46 (1) (e). (e) Undeveloped natural resource and open space areas. (f) A transportation, utility, communication, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use. (g) Other uses identified by the department by rule. (2) The department may promulgate rules imposing additional limits on the permitted uses that may be allowed in a farmland preservation zoning district in order for a farmland preservation zoning ordinance to comply with s. 91.42.

Wis. Stat. § 91.46 Conditional uses

(1) General. Except as provided in s. 84.01 (34), a farmland preservation zoning ordinance does not comply with s. 91.42 if the farmland preservation zoning ordinance allows as a conditional use in a farmland preservation zoning district a land use other than the following land uses: (a) Agricultural uses. (b) Accessory uses. (c) Agriculture-related uses. (d) Nonfarm residences that qualify under sub. (2) or that meet more restrictive standards in the farmland preservation zoning ordinance. (e) Nonfarm residential clusters that qualify under sub. (3) or that meet more restrictive standards in the farmland preservation zoning ordinance. (f) Transportation, communications, pipeline, electric transmission, utility, or drainage uses that qualify under sub. (4). (g) Governmental, institutional, religious, or nonprofit community uses, other than uses covered by par. (f), that qualify under sub. (5). (h) Nonmetallic mineral extraction that qualifies under sub. (6). (i) Oil and gas exploration or production that is licensed by the department of natural resources under subch. II of ch. 295. (j) Other uses allowed by the department by rule. (1m) Additional limitations. The department may promulgate rules imposing additional limits on the conditional uses that may be allowed in a farmland preservation zoning district in order for a farmland preservation zoning ordinance to comply with s. 91.42. (2) Nonfarm residences. A proposed new nonfarm residence or a proposal to convert a farm residence to a nonfarm residence through a change in occupancy qualifies for the purposes of sub. (1) (d) if the political subdivision determines that all of the following apply: (a) The ratio of nonfarm residential acreage to farm acreage on the base farm tract on which the residence is or will be located will not be greater than 1 to 20 after the residence is constructed or converted to a nonfarm residence. (b) There will not be more than 4 dwelling units in nonfarm residences, nor, for a new nonfarm residence, more than 5 dwelling units in residences of any kind, on the base farm tract after the residence is constructed or converted to a nonfarm residence. (c) The location and size of the proposed nonfarm residential parcel, and, for a new nonfarm residence, the location of the nonfarm residence on that nonfarm residential parcel, will not do any of the following: 1. Convert prime farmland from agricultural use or convert land previously used as cropland, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a nonfarm residential parcel or nonfarm residence. 2. Significantly impair or limit the current or future agricultural use of other protected farmland. (3) Nonfarm residential cluster. A political subdivision may issue one conditional use permit that covers more than one nonfarm residence in a qualifying nonfarm residential cluster. A nonfarm residential cluster qualifies for the purposes of sub. (1) (e) if all of the following apply: (a) The parcels on which the nonfarm residences would be located are contiguous. (b) The political subdivision imposes legal restrictions on the construction of the nonfarm residences so that if all of the nonfarm residences were constructed, each would satisfy the requirements under sub. (2). (4) Transportation, communications, pipeline, electric transmission, utility, or drainage use. A transportation, communications, pipeline, electric transmission, utility, or drainage use qualifies for the purposes of sub. (1) (f) if the political subdivision determines that all of the following apply: (a) The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district. (b) The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law. (c) The use is reasonably designed to minimize conversion of land, at and around the site of the use, from agricultural use or open space use. (d) The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. (e) Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible. (5) Governmental, institutional, religious, or nonprofit community use. A governmental, institutional, religious, or nonprofit community use qualifies for the purposes of sub. (1) (g) if the political subdivision determines that all of the following apply: (a) The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district. (b) The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law. (c) The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use. (d) The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. (e) Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible. (6) Nonmetallic mineral extraction. Nonmetallic mineral extraction qualifies for the purposes of sub. (1) (h) if the political subdivision determines that all of the following apply: (a) The operation complies with subch. I of ch. 295 and rules promulgated under that subchapter, with applicable provisions of the local ordinance under s. 295.13 or 295.14, and with any applicable requirements of the department of transportation concerning the restoration of nonmetallic mining sites. (b) The operation and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district. (c) The operation and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations outside the farmland preservation zoning district, or are specifically approved under state or federal law. (d) The operation is reasonably designed to minimize the conversion of land around the extraction site from agricultural use or open space use. (e) The operation does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. (f) The farmland preservation zoning ordinance requires the owner to restore the land to agricultural use, consistent with any required locally approved reclamation plan, when extraction is completed.

Wis. Stat. § 91.48 Rezoning of land out of a farmland preservation zoning district

(1) A political subdivision with a certified farmland preservation zoning ordinance may rezone land out of a farmland preservation zoning district without having the rezoning certified under s. 91.36, if the political subdivision finds all of the following, after public hearing: (a) The land is better suited for a use not allowed in the farmland preservation zoning district. (b) The rezoning is consistent with any applicable comprehensive plan. (c) The rezoning is substantially consistent with the county certified farmland preservation plan. (d) The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. (2) A political subdivision shall by March 1 of each year provide to the department a report of the number of acres that the political subdivision has rezoned out of a farmland preservation zoning district under sub. (1) during the previous year and a map that clearly shows the location of those acres. (3) A political subdivision that is not a county shall by March 1 of each year submit a copy of the information that it reports to the department under sub. (2) to the county in which the political subdivision is located. (4) If a political subdivision fails to comply with sub. (2), the department may withdraw the certification granted under s. 91.06, 2007 stats., or under s. 91.36 for the political subdivision’s farmland preservation zoning ordinance.

Wis. Stat. § 91.50 Exemption from special assessments

(1) Except as provided in sub. (3), no political subdivision, special purpose district, or other local governmental entity may levy a special assessment for sanitary sewers or water against land in agricultural use, if the land is located in a farmland preservation zoning district. (2) A political subdivision, special purpose district, or other local governmental entity may deny the use of improvements for which the special assessment is levied to land that is exempt from the assessment under sub. (1). (3) The exemption under sub. (1) does not apply to an assessment that an owner voluntarily pays, after the assessing authority provides notice of the exemption under sub. (1).

Wis. Stat. § 91.60 Farmland preservation agreements; general

(1) Agreements authorized. The department may enter into a farmland preservation agreement that complies with s. 91.62 with the owner of land that is eligible under sub. (2). (2) Eligible land. Land is eligible if all of the following apply: (a) The land is operated as part of a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which the owner applies for a farmland preservation agreement or a total of at least $18,000 in gross farm revenues during the last 3 taxable years preceding the year in which the owner applies for a farmland preservation agreement. (b) The land is located in a farmland preservation area identified in a certified farmland preservation plan. (c) The land is in an agricultural enterprise area designated under s. 91.84. (3) Prior agreements. (a) Except as provided in par. (c) or s. 91.66, a farmland preservation agreement entered into before July 1, 2009, remains in effect for the term specified in the agreement and under the terms that were agreed upon when the agreement was last created, extended, or renewed. (b) The department may not extend or renew a farmland preservation agreement entered into before July 1, 2009. (c) The department and an owner of land who entered into a farmland preservation agreement before July 1, 2009, may agree to modify the farmland preservation agreement in order to allow the owner to claim the tax credit under s. 71.613 rather than the tax credit for which the owner would otherwise be eligible.

Wis. Stat. § 91.62 Farmland preservation agreements; requirements

(1) Contents. The department may not enter into a farmland preservation agreement unless the agreement does all of the following: (a) Specifies a term of at least 10 years. (b) Includes a correct legal description of the tract of land covered by the farmland preservation agreement. (c) Includes provisions that restrict the tract of land to the following uses: 1. Agricultural uses and accessory uses. 2. Undeveloped natural resource and open space uses. (2) Form. The department shall specify a form for farmland preservation agreements that complies with s. 59.43 (2m). (3) Effectiveness. A farmland preservation agreement takes effect when it is signed by all owners of the land covered by the farmland preservation agreement and by the department. (4) Recording. The department shall provide a copy of a signed farmland preservation agreement to a person designated by the signing owners and shall promptly present the signed agreement to the register of deeds for the county in which the land is located for recording. (5) Change of ownership. A farmland preservation agreement is binding on a person who purchases land during the term of a farmland preservation agreement that covers the land.

Wis. Stat. § 91.64 Applying for a farmland preservation agreement

(1) Submitting an application. An owner who wishes to enter into a farmland preservation agreement shall submit an application signed by the owner and each person required to be identified under sub. (2) (f), on a form provided by the department, to the county clerk of the county in which the land is located. (2) Contents of application. A person submitting an application under sub. (1) shall include all of the following in the application: (a) The name and address of each person who has an ownership interest in the land proposed for coverage by the agreement. (b) The location of the land proposed for coverage, indicated by street address, global positioning system coordinates, or township, range, and section. (c) The legal description of the land proposed for coverage. (d) A map or aerial photograph of the land proposed for coverage, showing parcel boundaries, residences and other structures, and significant natural features. (e) Information showing that the land proposed for coverage is eligible under s. 91.60 (2). (f) A description of every existing mortgage, easement, and lien, other than liens on growing crops, on land proposed for coverage, including the name and address of the person holding the lien, mortgage, or easement. (h) Any other information required by the department by rule. (i) Any fee under sub. (2m). (2m) County processing fee. A county may charge a reasonable fee for processing an application for a farmland preservation agreement. (3) County review. (a) A county shall review an application under sub. (2) to determine whether the land proposed for coverage meets the requirements under s. 91.60 (2) (b) and (c). The county shall provide its findings to the applicant in writing within 60 days after the day on which the county clerk receives a complete application. (b) If the county finds under par. (a) that the land proposed for coverage meets the requirements under s. 91.60 (2) (b) and (c), the county shall promptly send all of the following to the department, along with any other comments that the county chooses to provide: 1. The original application, including all of the information provided with the application. 2. A copy of the county’s findings. (4) Department action on application. (a) The department may prepare a farmland preservation agreement that complies with s. 91.62 and enter into the farmland preservation agreement under s. 91.60 (1) based on a complete application and on county findings under sub. (3) (b). (b) The department may decline to enter into a farmland preservation agreement for any of the following reasons: 1. The application is incomplete. 2. The land is not eligible land under s. 91.60 (2).

Wis. Stat. § 91.66 Terminating a farmland preservation agreement

(1) The department may terminate a farmland preservation agreement or release land from a farmland preservation agreement at any time if all of the following apply: (a) All of the owners of land covered by the farmland preservation agreement consent to the termination or release, in writing. (b) The department finds that the termination or release will not impair or limit agricultural use of other protected farmland. (c) The owners of the land pay to the department, for each acre or portion thereof released from the farmland preservation agreement, a conversion fee equal to 3 times the per acre value, for the year in which the farmland preservation agreement is terminated or the land is released, of the highest value category of tillable cropland in the city, village, or town in which the land is located, as specified by the department of revenue under s. 73.03 (2a). (1m) All conversion fees received under sub. (1) (c) shall be deposited in the working lands fund. (2) The department shall provide a copy of its decision to terminate a farmland preservation agreement or release land from a farmland preservation agreement to a person designated by the owners of the land and shall present a copy of the decision to the register of deeds for the county in which the land is located for recording.

Wis. Stat. § 91.68 Violations of farmland preservation agreements

(1) The department may bring an action in circuit court to do any of the following: (a) Enforce a farmland preservation agreement. (b) Restrain, by temporary or permanent injunction, a change in land use that violates a farmland preservation agreement. (c) Seek a civil forfeiture for a change in land use that violates a farmland preservation agreement. (2) A forfeiture under sub. (1) (c) may not exceed twice the fair market value of the land covered by the agreement at the time of the violation.

Wis. Stat. § 91.70 Farmland preservation agreements; exemption from special assessments

(1) Except as provided in sub. (3), no political subdivision, special purpose district, or other local governmental entity may levy a special assessment for sanitary sewers or water against land in agricultural use, if the land is covered by a farmland preservation agreement. (2) A political subdivision, special purpose district or other local governmental entity may deny the use of improvements for which the special assessment is levied to land that is exempt from the assessment under sub. (1). (3) The exemption under sub. (1) does not apply to an assessment that an owner voluntarily pays, after the assessing authority provides notice of the exemption under sub. (1).

Wis. Stat. § 91.80 Soil and water conservation by persons claiming tax credits

An owner claiming farmland preservation tax credits under s. 71.613 shall comply with applicable land and water conservation standards promulgated by the department under ss. 92.05 (3) (c) and (k), 92.14 (8), and 281.16 (3) (b) and (c).

Wis. Stat. § 91.82 Compliance monitoring

(1) County responsibility. (a) A county land conservation committee shall monitor compliance with s. 91.80. (b) For the purpose of par. (a), a county land conservation committee shall inspect each farm for which the owner claims farmland preservation tax credits under subch. IX of ch. 71 at least once every 4 years. (c) For the purpose of par. (a), a county land conservation committee may do any of the following: 1. Inspect land that is covered by a farmland preservation agreement or farmland preservation zoning and that is in agricultural use. 2. Require an owner to certify, not more than annually, that the owner complies with s. 91.80. (d) At least once every 4 years, the department shall review each county land conservation committee’s compliance with par. (b). (2) Notice of noncompliance. (a) A county land conservation committee shall issue a written notice of noncompliance to an owner if the committee finds that the owner has done any of the following: 1. Failed to comply with s. 91.80. 2. Failed to permit a reasonable inspection under sub. (1) (c) 1. 3. Failed to certify compliance as required under sub. (1) (c) 2. (b) A county land conservation committee shall provide to the department of revenue a copy of each notice of noncompliance issued under par. (a). (c) If a county land conservation committee determines that an owner has corrected the failure described in a notice of noncompliance under par. (a), it shall withdraw the notice of noncompliance and notify the owner and the department of revenue of the withdrawal. (3) Procedure. The department may promulgate rules prescribing procedures for the administration of this section by land conservation committees.

Wis. Stat. § 91.84 Agricultural enterprise areas; general

(1) Designation. (a) 1. The department may by order designate agricultural enterprise areas targeted for agricultural preservation and development. 2. The department may by order modify or terminate the designation of an agricultural enterprise area. (b) The department may designate agricultural enterprise areas with a combined area of not more than 2,000,000 acres of land. (e) The department may not designate an area as an agricultural enterprise area unless all of the following apply: 1. The department receives a petition requesting the designation and the petition complies with s. 91.86. 3. The parcels in the area are contiguous. Parcels that are only separated by a lake, stream, or transportation or utility right-of-way are contiguous for the purposes of this subdivision. 4. The area is located entirely in a farmland preservation area identified in a certified farmland preservation plan. 5. The land in the area is primarily in agricultural use. (f) In designating agricultural areas under this subsection, the department shall give preference to areas that include at least 1,000 acres of land. (1m) Publication of order. The department shall publish a notice of an order designating, modifying, or terminating an agricultural enterprise area, including a general description of the towns affected by the order, in the official state newspaper. (2m) Effectiveness of prior designations. A rule designating an agricultural enterprise area under s. 91.84 (2), 2009 stats., remains in effect until December 31, 2012. (3) Effect of designation. The designation of an area under sub. (1) allows owners of eligible land within the area to enter into farmland preservation agreements with the department. If the department modifies or terminates the designation of an area under sub. (1) and that modification or termination results in land covered by a farmland preservation agreement no longer being located in a designated area, the farmland preservation agreement remains in effect for the remainder of its term, but the department may not extend or renew the farmland preservation agreement. (4) Map. In an order designating an agricultural enterprise area, the department shall include a map that clearly shows the boundaries of the proposed agricultural enterprise area so that a reader can easily determine whether a parcel of land is located within the agricultural enterprise area. The department shall make the map available on its Internet site. (5) Effective date of orders. The designation of an agricultural enterprise area takes effect on January 1 of the calendar year following the year in which the order designating the area is published, unless the order specifies a later effective date. An order modifying or terminating the designation of an agricultural enterprise area takes effect upon publication under sub. (1m).

Wis. Stat. § 91.86 Agricultural enterprise area; petition

(1) Definition. In this section, “eligible farm” means a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which a petition is filed requesting the department to designate an area in which the farm is located as an agricultural enterprise area or a total of at least $18,000 in gross farm revenues during the 3 taxable years preceding the year in which a petition is filed. (2) Petitioners. (a) The department may consider a petition requesting that it designate an area as an agricultural enterprise area if all of the following jointly file the petition: 1. Each political subdivision in which any part of the proposed agricultural enterprise area is located. 2. Owners of at least 5 eligible farms located in the area. (b) Each petitioner under par. (a) who is an individual shall sign the petition. For a petitioner that is not an individual, an authorized officer or representative shall sign the petition. (3) Contents of petition. (a) The department may not approve a petition requesting that it designate an area as an agricultural enterprise area unless the petition contains all of the following: 1. The correct legal name and principal address of each petitioner. 2. A summary of the petition that includes the purpose and rationale for the petition. 3. A map that clearly shows the boundaries of the proposed agricultural enterprise area so that a reader can easily determine whether a parcel of land is located within the proposed area. 4. Information showing that the proposed agricultural enterprise area meets the requirements under s. 91.84 (1) (e). 5. A clear description of current land uses in the proposed agricultural enterprise area, including current agricultural uses, agriculture-related uses, transportation, utility, energy, and communication uses, and undeveloped natural resource and open space uses. 6. A clear description of the agricultural land use and development goals for the proposed agricultural enterprise area, including proposed agricultural uses, agriculture-related uses, and relevant transportation, utility, energy, and communication uses. 7. A plan for achieving the goals under subd. 6., including any planned investments, grants, development incentives, cooperative agreements, land or easement purchases, land donations, and promotion and public outreach activities. 8. A description of any current or proposed land use controls in the proposed agricultural enterprise area, including farmland preservation agreements. (b) Petitioners under sub. (2) may include in the petition the names and addresses of other persons who propose to cooperate in achieving the goals under par. (a) 6.

Source: WI Statutes (Official Site)URL: https://docs.legis.wisconsin.gov/statutes/statutes/91Fetched: 10/7/2026