LRB-3746/1
RCT:mfd:km
1997 - 1998 LEGISLATURE
December 4, 1997 - Introduced by Representatives Hahn, Sykora, Skindrud,
Harsdorf, Albers, Musser, Johnsrud, Urban, Zukowski, Brandemuehl,
Goetsch and Lorge. Referred to Committee on Rural Affairs.
AB647,1,2
1An Act to amend 91.77 (1) (intro.); and
to create 91.775 of the statutes;
relating
2to: requiring rezoning of certain lands zoned for exclusive agricultural use.
Analysis by the Legislative Reference Bureau
Current law authorizes a city, village, town or county to adopt an exclusive
agricultural use ordinance. If the ordinance satisfies certain statutory requirements
and is certified by the land and water conservation board, an owner of land that is
zoned for exclusive agricultural use may qualify for the farmland preservation
income tax credit. The owner must satisfy various other requirements to be eligible
for the farmland preservation credit in a tax year. These requirements include that
the land must consist of at least 35 acres and that the land must have produced at
least $6,000 in gross farm profits during the tax year or at least $18,000 in gross farm
profits during the tax year and the 2 preceding years. Current law limits the
situations in which a city, village, town or county may rezone a parcel that is zoned
for exclusive agricultural use.
This bill requires a city, village, town or county to approve a petition for
rezoning a parcel that is zoned for exclusive agricultural use if all of the following
conditions apply:
1. The owner of the farmland is not eligible for the farmland preservation credit
because the parcel consists of less than 35 acres.
2. The parcel produced less than $6,000 in gross farm profits during the 3
consecutive years before the petition is received.
3. The parcel is not classified by the federal natural resources conservation
service as being predominantly land capability class I or II.
If a parcel is required to be rezoned under this bill, the city, village, town or
county is required to rezone the parcel to the zoning category requested in the
rezoning petition unless the requested zoning category is inconsistent with an
applicable official map, master plan, comprehensive plan or land use plan.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB647, s. 1
1Section
1. 91.77 (1) (intro.) of the statutes is amended to read:
AB647,2,42
91.77
(1) (intro.)
A Except as provided in s. 91.775 (2), a county, city, village
3or town may approve petitions for rezoning areas zoned for exclusive agricultural use
4only after findings are made based upon consideration of the following:
AB647, s. 2
5Section
2. 91.775 of the statutes is created to read:
AB647,2,7
691.775 Rezoning of certain parcels.
(1) In this section, "parcel" means all
7of an area of contiguous real property that is under common ownership.
AB647,2,10
8(2) (a) Notwithstanding s. 91.77, a city, village, town or county shall rezone a
9parcel that is zoned for exclusive agricultural use, within 60 days after receiving a
10petition for rezoning the parcel, if all of the following conditions apply:
AB647,2,1311
1. The owner of the parcel is not eligible for the farmland preservation credit
12under subch. IX of ch. 71 for the parcel because the parcel consists of less than 35
13acres.
AB647,2,1514
2. The parcel produced less than $6,000 in gross farm profits, as defined in s.
1571.58 (4), during the 3 consecutive years before the petition is received.
AB647,2,1716
3. The parcel is not classified by the federal natural resources conservation
17service as being predominantly land capability class I or II.
AB647,2,2118
(b) If a parcel is required to be rezoned under par. (a), the city, village, town or
19county shall rezone the parcel to the zoning category requested in the petition unless
20the requested zoning category is inconsistent with an applicable city, village or town
21official map, master plan, comprehensive plan or land use plan.
AB647,3,2
1(3) Land that is rezoned under this section is not subject to the lien provided
2under s. 91.19 (8) to (10).
AB647,3,4
3(4) A city, village, town or county shall notify the department of any rezoning
4under this section.
AB647,3,76
(1)
This act takes effect on the first day of the 7th month beginning after
7publication.
