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The designation of an AEA does not, by itself, control or restrict land use. However, farmers within a designated AEA are eligible to enter into voluntary farmland preservation agreements with DATCP under s. 91.60, Wis. Stats. Under a farmland preservation agreement, the farmer may claim income tax credits under s. 71.613, Wis. Stats., in return for keeping land in agricultural use. Under current law, only farmers located within an AEA are eligible to enter into farmland preservation agreements with DATCP.
Preliminary Policy Analysis
AEAs are designed to preserve agricultural land and promote agricultural development, including agriculture-related business, investment and innovation. An AEA may be part of a broader local strategy to promote agriculture and related development.
The land area comprising an AEA must be located within a farmland preservation area designated in the county's certified farmland preservation plan. An AEA may include non-agricultural as well as agricultural land, but must be primarily devoted to agricultural use.
DATCP may designate an AEA based on a local petition. The petition must be signed by at least 5 farm owners within the AEA and by the authorized representative of each political subdivision in which any part of the proposed area is located (other interested persons, including other farmers, businesses and community groups, may also sign the petition as cooperators). A resolution in support of the AEA petition must be passed by every affected county, town and municipality. Other farms may be included within the AEA, and the owners of those farms may enter into farmland preservation agreements with DATCP, regardless of whether the farm owners signed the original petition to create the AEA.
A petition must comply with s. 91.86, Wis. Stats., and must show that the proposed AEA complies with applicable requirements under s. 91.84, Wis. Stats. DATCP will issue a Request for Petitions after this scope statement receives the required approvals under sec. 227.24 (1) (e) 1d.
This emergency rule may designate AEAs selected by DATCP based on competing local petitions. DATCP may designate AEAs in consultation with a panel that includes independent reviewers. DATCP may choose among competing petitions, and may reject petitions as it deems appropriate.
Relevant Federal Law
None.
Entities Affected
Farmers and Other Landowners
This emergency rule may benefit farmers and landowners in the designated AEAs. The designation of an AEA does not, by itself, control or restrict land use. However, an owner of farmland in an AEA may enter into a voluntary farmland preservation agreement with DATCP. Under a farmland preservation agreement, the landowner may claim income tax credits under s. 71.613, Wis. Stats., in return for keeping land in agricultural use and implementing soil and water conservation practices. An agreement remains in effect for 15 years, and applies only to the land covered by the agreement.
Designation of an AEA may be part of a broader local strategy to protect farmland and promote agricultural development. Designation may foster agricultural investment, and promote collaborative working relationships among landowners, agriculture-related businesses and local governments. It may also promote a more secure and attractive climate for agricultural continuity and agriculture-related investment. Farmland preservation and conservation practices may also benefit other landowners.
Counties, Towns and Municipalities
This emergency rule may benefit counties, towns and municipalities in which AEAs are designated. DATCP will only designate AEAs in counties, towns and municipalities that affirmatively support the AEA designation, as shown by the signatures of the authorized representatives on the submitted petition and the resolution passed in support of the designation.
An AEA designation may be part of a broader local strategy to protect farmland and promote agricultural and related development. County and local governments can use the AEA designation to support local farmland preservation and development plans. County and local governments may adopt zoning ordinances, offer economic development incentives, and take other local actions to supplement the AEA and foster agricultural preservation and development.
Agriculture-Related Business
This emergency rule may benefit a wide range of agriculture-related businesses. This emergency rule may benefit businesses, such as food processing and farm supply businesses, which may be located in or attracted to a designated AEA. By protecting and promoting agriculture, this emergency rule may also benefit a wide range of agricultural service providers, regardless of whether those providers maintain facilities in the AEA. For example, this emergency rule may benefit farm supply organizations, nutrient management planners, soil testing laboratories, agricultural engineers, construction contractors, food processors, testing laboratories, and agri-tourism interests.
Policy Alternatives
The AEA program is a key part of the Working Lands Initiative enacted in 2009 Wis. Act 28. If DATCP takes no action to implement the AEA program, the full benefits of the Working Lands Initiative will not be realized. The Working Lands Initiative is designed to preserve farmland, promote agricultural and related development, encourage sound land use planning, minimize land use conflicts, promote soil and water conservation, encourage agricultural investment, and help farms stay economically viable.
Under current law, only farmers in designated AEAs may enter into farmland preservation agreements with DATCP and obtain tax credits under those agreements. If DATCP fails to designate AEAs by emergency rule, as contemplated by current law, farmers will be deprived of that opportunity. Local governments and agriculture-related businesses will also be deprived of a significant land use and business development tool.
Statutory Alternatives
None at this time.
Staff Time Required
DATCP estimates that it could use the equivalent of 0.5 FTE staff to develop this emergency rule. This anticipates investigation and analysis, rule drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this emergency rule.
Datcp Board Authorization
DATCP may not begin drafting this emergency rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved.
Natural Resources
Fish, Game, etc., Chs. NR 1—
(DNR # FH-22-11(E))
This statement of scope was approved by the governor on September 15, 2011.
Subject
Revises Chapter NR 25, relating to Lake Michigan and Green Bay Commercial Harvest Season Change for Whitefish – Emergency Rule.
Description of the Objective of the Rule
Add six days to the Lake Michigan and Green Bay whitefish commercial harvest season.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Current policy under NR 25.05 (1) (c), Wis. Adm. Code, specifies the open seasons for commercial fishing in the outlying waters of Green Bay, Lake Michigan, and Lake Superior. The existing open season for whitefish in Green Bay and Lake Michigan is December 1 through October 25, both dates inclusive.
In August 2011, the Lake Michigan Commercial Fishing Board and Lake Michigan Fisheries Team approved a motion to propose adding six days to the Lake Michigan and Green Bay commercial fishing season for whitefish. The current commercial season for whitefish from Wisconsin waters of Lake Michigan and Green Bay closes one week before the season closure for state-licensed fishers in the State of Michigan. This limitation on fishing opportunities threatens the welfare of state-licensed commercial fishers in Wisconsin.
Department biologists have reviewed the proposal and believe the change would likely not threaten the whitefish population.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 23.11 (1), Stats., grants the department such powers as may be necessary or convenient to enable it to exercise the functions and perform the duties required of it by ch. 23, Stats., and by other provisions of law.
Section 29.014 (1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section 29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
Section 29.519 (1m) (b), Stats., authorizes the department to limit the number of Great Lakes commercial fishing licenses, designate the areas in the outlying waters under the jurisdiction of this state where commercial fishing operations are restricted, and designate the kind, size, and amount of gear to be used in the harvest.
Section 227.11 (2) (a), Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 40 hours.
Description of all Entities that may be Impacted by the Rule
The proposed rule change would expand opportunities for commercial fishing businesses and was initiated in response to the expressed concerns of commercial fishers.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The department is not aware of any existing or proposed federal regulation that would govern commercial fishing in Wisconsin's waters of Lake Michigan and Green Bay or Lake Superior.
Contact Person
William Horns
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921
Telephone: (608) 266-8732
Safety and Professional Services
(formerly Regulation and Licensing)
The statement of scope for this rule was approved by the governor on September 6, 2011.
Rule No.
RL 84.04 (1) (b)
Relating to
Revises section RL 84.04 (1) (b), relating to certified general appraiser equivalent education semester credit hours.
Description of the Objective of the Rule
To correct an error in Clearinghouse Rule 10-135 which will go into effect on September 1, 2011. The Federal Institutions Reform, Recovery, and Enforcement Act requires a certified general appraiser credential to have a bachelor's degree or equivalent education of at least 30 semester credit hours.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Under the Federal Institutions Reform, Recovery and Enforcement Act (FIRREA), the state criteria for the qualifications of certified real estate appraisers must meet the minimum qualifications criteria for certification established by the Appraiser Qualifications Board (AQB) of the Appraisal Foundation. The education requirement is a bachelor's degree or equivalent education from an accredited college or university. Equivalent education shall consist of at least 30 semester credit hours successfully completed at an accredited college or university or completed through the CLEP, which cover ten specified subject matter courses.
Prior to Clearinghouse Rule 10-135 which inadvertently changed the education requirement to 10 semester hours instead of 30, RL 84.04 (1) (b) required the equivalent education to consist of at least 30 semester credit hours. This rule is to correct the error which occurred with Clearinghouse Rule 10-135.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
The Department of Safety and Professional Services has specific rule making authority pursuant to:
458.03 (1) (b) Subject to the procedure under s. 458.05, promulgate rules establishing criteria for the approval of educational and continuing educational programs and courses of study for appraisers and establishing criteria for the approval of the courses required under ss. 458.06 (2) (d) and 458.08 (2) (d).
458.085 The department shall promulgate rules establishing educational requirements for general and residential appraiser certification and for appraiser licensure under this chapter.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
5 hours.
Description of all Entities that may be Impacted by the Rule
Applicants for a certified general appraiser credential.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Pursuant to FIRREA, the state criteria for the qualifications of certified real estate appraisers must meet the minimum qualifications criteria established by AQB. This rule will bring Wisconsin in line with the FIRREA and AQB requirements.
Contact Person
Sharon Henes, Paralegal
Division of Board Services
Department of Safety and Professional Services
1400 East Washington Avenue
Madison, WI 53703
(608) 261-2377
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