LRB-3925/1
RCT:jld:md
2009 - 2010 LEGISLATURE
February 12, 2010 - Introduced by Representatives Danou, Smith and Petrowski,
cosponsored by Senators Kreitlow, Holperin, Lassa and Taylor. Referred to
Committee on Agriculture.
AB743,1,2 1An Act relating to: processing certain applications for farmland preservation
2agreements.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Agriculture, Trade and Consumer
Protection (DATCP) administers the Farmland Preservation Program, which
contains some of the requirements that a farmer must meet to qualify for the
farmland preservation tax credit. The Farmland Preservation Program includes
farmland preservation planning, farmland preservation zoning, farmland
preservation agreements, and soil and water conservation requirements. Under
current law, for a farmer to qualify for the farmland preservation tax credit, the farm
must be in a farmland preservation zoning district or be covered by a farmland
preservation agreement executed by DATCP. A farmland preservation agreement
generally requires a farmer to keep the land covered by the agreement in agricultural
use for the term of the agreement.
The 2009-11 biennial budget act, 2009 Wisconsin Act 28, made numerous
changes in the Farmland Preservation Program. The changes took effect on July 1,
2009. Current law, as modified by that act, prohibits DATCP from entering into a
new farmland preservation agreement unless the land to be covered by the
agreement is in an agricultural enterprise area, designated by DATCP. DATCP may
only designate an area if it receives a petition requesting the designation filed by
each political subdivision in which any part of the area is located and by the owners
of at least five farms that would be eligible for coverage by farmland preservation
agreements. As of December 1, 2009, DATCP had not designated any agricultural
enterprise areas.

This bill requires DATCP to process applications for farmland preservation
agreements that were submitted before July 1, 2009, using the laws that were in
effect before that date. The requirement that covered land be in an agricultural
enterprise area would, therefore, not apply to these applications.
For further information see the state 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:
AB743, s. 1 1Section 1. Nonstatutory provisions.
AB743,2,122 (1) Processing applications for farmland preservation agreements.
3Notwithstanding the repeal and recreation of chapter 91 of the statutes by 2009
4Wisconsin Act 28
, the department of agriculture, trade and consumer protection
5shall process an application for a farmland preservation agreement in accordance
6with chapter 91, 2007 stats., if the application was submitted to the county clerk
7under section 91.13 (1), 2007 stats., no earlier than January 1, 2008, and no later
8than June 30, 2009, and if processing of the application was not completed before
9July 1, 2009. Section 91.60 (3) of the statutes, as affected by 2009 Wisconsin Act 28,
10applies to a farmland preservation agreement entered into under this subsection as
11though the farmland preservation agreement had been entered into before July 1,
122009.
AB743,2,1313 (End)
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