SB370: Bill Text

SB370, s. 30 Section 30. 91.55 (1m) (intro.) and (a) of the statutes are created to read:

SB370,17,2 91.55 (1m) (intro.) Maps prepared under sub. (1) (b) shall comply with the following conditions:

SB370,17,4 (a) Agricultural preservation areas and transition areas shall be consistent with the guidelines in rules promulgated under s. 91.52.

Note: Adds to the criteria for the maps included in county agricultural preservation planning. The maps must be consistent with rules promulgated by the DATCP and the LWCB under new s. 91.52, created in this bill.

SB370, s. 31 Section 31. 91.55 (3) of the statutes is renumbered 91.55 (1) (c).

Note: The text of current s. 91.55 (3) is: "Statements regarding the coordination requirements of s. 91.59.". There is no introductory phrase in s. 91.55 that connects with s. 91.55 (3), so it is obvious that this provision is misplaced. This provision was adopted in its present form in ch. 27, laws of 1977, and has not been amended since then. Section 91.55 (3) is renumbered as one of the requirements for agricultural preservation plans in s. 91.55 (1), consistent with s. 91.59, which requires county agricultural preservation plans to indicate how the plans compare with regional plans and to incorporate agricultural preservation plans adopted by municipalities.

SB370, s. 32 Section 32. 91.63 of the statutes is amended to read:

SB370,17,16 91.63 Revisions. Counties shall continually review and evaluate the agricultural preservation plan in light of changing needs and conditions and changes to this subchapter or rules promulgated under this subchapter and shall provide for periodic revision of the agricultural preservation plan set forth in this subchapter. If a preliminary or final subdivision plat that requires approval under s. 236.13 does not comply with a certified agricultural preservation plan, the county may not approve the plat unless the agricultural preservation plan is revised so that the plat is in compliance with the plan, and the revised plan is certified under s. 91.06. Revisions shall be made in the same manner as adoption of the plan , including submission to the board for certification under s. 91.06.

Note: Requires counties to modify agricultural preservation plans to reflect the guidelines under s. 91.52, as created by this bill, and any future amendments to statutes or rules related to agricultural preservation planning. Also, requires a certified plan to be revised, and the revision certified by the LWCB, as a condition of plat approval for preliminary or final subdivision plats that are not in compliance with the agricultural preservation plan.

SB370, s. 33 Section 33. 91.72 of the statutes is created to read:

SB370,18,3 91.72 Guidelines. The department and the board shall promulgate rules establishing guidelines for rezoning of agricultural land for residential uses.

Note: Requires DATCP and the LWCB to promulgate rules establishing guidelines for counties, cities, villages and towns to use in rezoning agricultural land zoned for exclusive agricultural use to allow residential uses. These guidelines will be in addition to the current criteria for rezoning areas zoned for exclusive agricultural use in s. 91.77 (1), which require consideration of the following:

"91.77 (1) (a) Adequate public facilities to accommodate development either exist or will be provided within a reasonable time.

(b) Provision of public facilities to accommodate development will not place an unreasonable burden on the ability of affected local units of government to provide them.

(c) The land proposed for rezoning is suitable for development and development will not result in undue water or air pollution, cause unreasonable soil erosion or have an unreasonably adverse effect on rare or irreplaceable natural areas.".

SB370, s. 34 Section 34. 91.73 (2) of the statutes is amended to read:

SB370,18,9 91.73 (2) Exclusive An exclusive agricultural zoning ordinances ordinance shall be consistent with a county agricultural preservation plans plan and may not be certified by the board unless a county agricultural preservation plan is established under subch. IV and is certified under s. 91.06. This subsection does not apply in a county with a population greater than 750,000.

Note: Provides that the county must adopt an agricultural preservation plan in order for the LWCB to approve an exclusive agricultural preservation ordinance adopted by a city, village, town or county. An exception to this requirement is provided for Milwaukee County.

SB370, s. 35 Section 35. 91.75 (8) (b) of the statutes is amended to read:

SB370,18,15 91.75 (8) (b) A farm family business may be permitted as a special exception or conditional use under sub. (5) if limited to existing farm residences or structures or portions of the existing farmstead that are not dedicated to agricultural uses. No more than 2 5 persons who are not members of the resident farm family may be employed in the farm family business.

Note: Increases from 2 to 5 the number of nonfamily employes that may be employed by a farm family business allowed as a special or conditional use on land zoned for exclusive agricultural use.

SB370, s. 36 Section 36. 91.75 (10) of the statutes is created to read:

SB370,19,4 91.75 (10) The ordinance includes standards for rezoning of agricultural land for residential uses, which are at least as stringent as the guidelines in rules promulgated under s. 91.72.

Note: Requires exclusive agricultural zoning ordinances to include standards for rezoning to residential uses. The standards must be at least as stringent as the guidelines promulgated by the DATCP and the LWCB under s. 91.72, which is created by this bill.

SB370, s. 37 Section 37. 91.77 (1) (d) of the statutes is created to read:

SB370,19,8 91.77 (1) (d) If the land proposed for rezoning is not served by a public sewer, the rezoning conforms with a county agricultural preservation plan that applies to the area and that is certified under s. 91.06.

Note: Creates a new condition that must be met in order for a city, village, town or county to revise a certified exclusive agricultural preservation ordinance. If the land proposed for rezoning is not served by a public sewer, the rezoning must conform with a county agricultural preservation plan that applies to the area and that is certified by the LWCB.

SB370, s. 38 Section 38. 91.77 (1) (e) of the statutes is created to read:

SB370,19,11 91.77 (1) (e) Guidelines established by rule by the department and the board under s. 91.72.

Note: Requires a city, village, town or county to approve petitions for rezoning areas zoned for exclusive agricultural use based, in part, on consideration of guidelines for rezoning promulgated by DATCP and the LWCB under s. 91.72, which is created by this bill.

SB370, s. 39 Section 39. 91.78 of the statutes is renumbered 91.78 (1) and amended to read:

SB370,19,18 91.78 (1) Copies of exclusive agricultural zoning ordinances and revisions to those ordinances may be submitted to the board for review and certification under s. 91.06. A certification granted for an unspecified term shall expire according to the recertification schedule under sub. (2). A certification granted after the effective date of this subsection .... [revisor inserts date], shall expire on a date specified in the certification but not later than 10 years after the date of certification.

Note: Provides that revisions to exclusive agricultural zoning ordinances may be submitted to the LWCB for review. This amendment reflects current practice and is not intended to make any substantive change in the statutes.

Also, this Section and the following Section provide that certification of an exclusive agricultural zoning ordinance will expire unless the ordinance is recertified and directs the DATCP to establish a schedule for recertification of certain ordinances.

SB370, s. 40 Section 40. 91.78 (2) of the statutes is created to read:

SB370,20,4 91.78 (2) The department shall, by rule, establish a schedule, on a county-by-county basis, for the recertification of exclusive agricultural zoning ordinances that were certified for an unspecified term.

SB370, s. 41 Section 41. 92.104 (5) of the statutes is amended to read:

SB370,20,9 92.104 (5) Eligibility for farmland preservation credit. A farmland preservation credit may not be allowed under subch. IX of ch. 71 if a notice of noncompliance is in effect with respect to a claimant to which this section applies at the time the claim is filed end of the taxable year for which the claim is made.

SB370, s. 42 Section 42. 92.105 (6) of the statutes is amended to read:

SB370,20,14 92.105 (6) Eligibility for farmland preservation credit. A farmland preservation credit may not be allowed under subch. IX of ch. 71 if a notice of noncompliance is in effect with respect to a claimant to which this section applies at the time the claim is filed end of the taxable year for which the claim is made.

Note: The preceding 2 Sections require that recipients of the farmland preservation tax credit be in compliance with soil and water conservation standards at the end of the year for which the credit is claimed, rather than at the time the claim is filed.

SB370, s. 43 Section 43. 92.14 (3) (intro.) of the statutes is amended to read:

SB370,21,4 92.14 (3) Basic allocations to counties. (intro.) To help counties meet administrative and technical operating costs in their soil and water conservation activities, the department shall award grants from the appropriation under s. 20.115 (7) (c) to any county land conservation committee which has a workload allocation plan approved by the department under s. 92.08 (2), and which, by county board action, has resolved to match any moneys granted under this subsection with an equal amount of county moneys. The Except as provided in sub. (3e), the county shall use the grant for county land conservation personnel to administer and implement activities directly related to any of the following:

SB370, s. 44 Section 44. 92.14 (3e) of the statutes is created to read:

SB370,21,9 92.14 (3e) Basic allocation; technical assistance. A county may use a grant under sub. (3) to provide technical assistance to local units of government in the county in administering exclusive agricultural zoning ordinances under subch. V of ch. 91.

Note: Allows counties to use the basic allocation portion of soil and water resource management grants to provide technical assistance to local units of government in administering exclusive agricultural zoning ordinances.

SB370, s. 45 Section 45. 144.04 (1) of the statutes is amended to read:

SB370,22,23 144.04 (1) Except as provided under sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and such other information concerning maintenance, operation and other details as the department requires, including the information specified under s. 144.026 (5) (a), if applicable. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of such plans for approval, the department or its duly authorized representative shall notify the owner of the date of receipt. Within 90 days from the time of receipt of complete plans or within the time specified in s. 144.026 (5) (c), if applicable, the department or its authorized representative shall examine and take action to approve, approve conditionally or reject the plans and shall state in writing any conditions of approval or reasons for rejection. Approval or disapproval of such plans and specifications shall not be contingent upon eligibility of such project for federal aid. The time period for review may be extended by agreement with the owner if the plans and specifications cannot be reviewed within the specified time limitation due to circumstances beyond the control of the department or in the case of extensive installation involving expenditures of $350,000 or more. The extension shall not exceed 6 months. Failure of the department or its authorized representative to act before the expiration of the time period allowed for review shall constitute an approval of the plans, and upon demand a written certificate of approval shall be issued. Approval may be subject to modification by the department upon due notice. Construction or material change shall be according to approved plans only. The department may disapprove plans which are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended, and. The department shall disapprove plans for sewage disposal plants, sewerage systems or extensions thereof that are not in conformance with s. 147.25 (9). The department shall disapprove plans that do not meet the grounds for approval specified under s. 144.026 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 144.026 (1) (m), and that person's volume and rate of water loss, as defined under s. 144.026 (1) (L), if any, in the form and at the times specified by the department.

Note: Requires the department of natural resources (DNR) to disapprove plans for sewage disposal plants, sewerage systems or extensions thereof that do not conform with county agricultural preservation plans. A county may amend its agricultural preservation plan and secure approval of the amended plan from the LWCB, if necessary to gain DNR approval of a sewage disposal plant, sewerage system or the extension of a plant or system.

SB370, s. 46 Section 46. 145.19 (7) of the statutes is created to read:

SB370,23,6 145.19 (7) Land condominiums. (a) In this subsection, "land condominium" means a parcel or building site that results from the allocation of a lot, parcel or tract of land into parcels or building sites, whether denominated as units or limited common elements, for the purpose of sale or of building development, if any of the following applies:

SB370,23,8 1. The act of allocation creates 5 or more parcels or building sites of 1.5 acres each or less in area.

SB370,23,10 2. Five or more parcels or building sites of 1.5 acres each or less in area are created by successive allocations within a period of 5 years.

SB370,23,16 (b) A governmental unit responsible for the regulation of private sewage systems may not issue a sanitary permit for installation of a private sewage system serving a land condominium, unless the land condominium conforms with any county agricultural preservation plan that is certified under s. 91.06. This paragraph does not apply to a sanitary permit issued for installation of a private sewage system to replace an existing private sewage system.

Note: Requires the county that issues a sanitary permit for installation of a new private sewage system on a lot in a "land condominium" to determine, as a condition of issuing the sanitary permit, that the land condominium is consistent with a county agricultural preservation plan that is certified by the LWCB. A "land condominium" is a condominium that consists of individual lots that are units or limited common elements of the condominium. A buyer purchases the lot and, within the limits established by the condominium declaration, constructs a dwelling on the lot. The purpose of a land condominium is to divide land into buildable lots without conforming to the statutes and ordinances related to subdivisions.

SB370, s. 47 Section 47. 147.25 (9) of the statutes is created to read:

SB370,23,19 147.25 (9) Provisions requiring conformity with any county agricultural preservation plans that have been certified under s. 91.06.

Note: Requires that areawide waste treatment management plans prepared by or at the direction of the DNR must include provisions requiring conformity with county agricultural preservation plans that have been certified by the LWCB. The DNR is further directed by s. 144.04, as amended by this bill, to disapprove plans for sewage disposal plants, sewerage systems or extensions thereof that do not conform with agricultural preservation plans. A county may amend its agricultural preservation plan and secure approval of the amended plan from the LWCB, if necessary to gain DNR approval of a sewage plant, sewerage system or the extension of a plant or system.

SB370, s. 48 Section 48. 236.11 (2) of the statutes is amended to read:

SB370,24,5 236.11 (2) (a) The body or bodies having authority to approve plats shall approve or reject the final plat within 60 days of its submission, unless the time is extended by agreement with the subdivider and except for review by a county for compliance with the county agricultural preservation plan under s. 236.13 (1) (bm).

SB370,24,9 (b) When the approving authority is a municipality and determines to approve the plat, it shall give at least 10 days' prior written notice of its intention to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of such proposed plat but failure to give such notice shall not invalidate any such plat.

SB370,24,12 (c) If a plat is rejected, the reasons therefor shall be stated in the minutes of the meeting and a copy thereof or a written statement of the reasons supplied the subdivider.

SB370,24,18 (d) If the approving authority fails to act within 60 days and the time has not been extended by agreement and if no unsatisfied objections have been filed within that period, the plat shall be deemed approved, and, upon demand, a certificate to that effect shall be made on the face of the plat by the clerk of the authority which has failed to act. This paragraph does not apply to review by a county for compliance with the county agricultural preservation plan under s. 236.13 (1) (bm).

Note: Creates an exception to one of the approval-by-default provisions in subdivision plat approval. Failure by the county to approve or disapprove a final subdivision plat for compliance with the county agricultural preservation plan within 60 days after submission does not constitute approval.

SB370, s. 49 Section 49. 236.12 (3) of the statutes is amended to read:

SB370,25,12 236.12 (3) Within 20 days of the date of receiving the copies of the plat any agency having authority to object under sub. (2) shall notify the subdivider and all approving or objecting authorities of any objection based upon failure of the plat to comply with the statutes or rules which its examination under sub. (2) is authorized to cover, or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the approving authority from which it was received. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the 20-day limit it shall be deemed to have no objection to the plat, except that the 20-day limit does not apply to review by a county for compliance with the county agricultural preservation plan under s. 236.13 (1) (bm). No approving authority may inscribe its approval on a plat prior to the affixing of the certificates under either sub. (4) or (6).

Note: Creates an exception to one of the approval-by-default provisions in the procedure for subdivision plat approval. Failure by the county to approve or disapprove a final subdivision plat for compliance with the county agricultural preservation plan within 20 days after submission does not constitute approval.

SB370, s. 50 Section 50. 236.12 (6) of the statutes is amended to read:

SB370,26,8 236.12 (6) In lieu of the procedure under subs. (2) to (5), the subdivider or the subdivider's agent may submit the original plat to the department which shall forward 2 copies to each of the agencies authorized by sub. (2) to object. The department shall have the required number of copies made at the subdivider's expense. Within 20 days of the date of receiving the copies of the plat any agency having authority to object under sub. (2) shall notify the subdivider, and all agencies having the authority to object, of any objection based upon failure of the plat to comply with the statutes or rules which its examination under sub. (2) is authorized to cover, or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the department. After each agency and the department have certified that they have no objection or that their objections have been satisfied, the department shall so certify on the face of the plat. If an agency fails to act within 20 days from the date of the receipt of copies of the plat, and the department fails to act within 30 days of receipt of the original plat it shall be deemed that there are no objections to the plat and, upon demand, it shall be so certified on the face of the plat by the department. The 20-day and 30-day limits do not apply to review by a county for compliance with the county agricultural preservation plan under s. 236.13 (1) (bm).

Note: Creates an exception to one of the approval-by-default provisions in the procedure for subdivision plat approval. Failure by the county or DATCP to approve or disapprove a final subdivision plat for compliance with the county agricultural preservation plan within the 20- and 30-day limits after submission does not constitute approval.

SB370, s. 51 Section 51. 236.13 (1) (bm) of the statutes is created to read:

SB370,26,11 236.13 (1) (bm) Any county agricultural preservation plan that is certified under s. 91.06.

Note: Requires that a preliminary or final subdivision plat must be in compliance with the county agricultural preservation plan. Plats are submitted to the county and the county makes the determination of compliance. If the plat does not comply, this bill creates a procedure for plan revision in s. 91.63, as a condition of plat approval.

SB370, s. 52 Section 52. 301.046 (1) of the statutes is amended to read:

SB370,27,5 301.046 (1) Institution status. The department shall establish and operate a community residential confinement program as a correctional institution under the charge of a superintendent. Under the program, the department shall confine prisoners in their places of residence or other places designated by the department. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to s. 301.02 and is a state prison as defined in s. 302.01. Construction or establishment of the institution shall be in compliance with all state laws except s. ss. 32.035 and 32.036 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities for the institution are not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place and are exempt from inspections required under s. 301.36.

SB370, s. 53 Section 53. 301.048 (4) (b) of the statutes is amended to read:

SB370,27,16 301.048 (4) (b) The department shall operate the program as a correctional institution. The secretary may allocate and reallocate existing and future facilities as part of the institution. The institution is subject to s. 301.02 and is a state prison as defined in s. 302.01. Construction or establishment of the institution shall be in compliance with all state laws except s. ss. 32.035 and 32.036 and ch. 91. In addition to the exemptions under s. 13.48 (13), construction or establishment of facilities for the institution are not subject to the ordinances or regulations relating to zoning, including zoning under ch. 91, of the county and municipality in which the construction or establishment takes place and are exempt from inspections required under s. 301.36.

SB370, s. 54 Section 54. 301.16 (2) of the statutes is amended to read:

SB370,27,19 301.16 (2) Construction or establishment of the institutions shall be in compliance with all state laws except s. ss. 32.035 and 32.036 and ch. 91.

Note: The previous 3 Sections exempt community residential confinement facilities, intensive sanctions facilities and certain medium/maximum security institutions from the requirement to comply with county agricultural preservation plans. These facilities are currently exempted from the requirement to obtain an agricultural impact statement from the DATCP and from regulation under the farmland preservation program.

SB370, s. 55 Section 55. Nonstatutory provisions; agriculture, trade and consumer protection.

SB370,28,4 (1)  Committee for rule drafting. The department of agriculture, trade and consumer protection shall appoint a committee under section 227.13 of the statutes to assist in the drafting of rules required under sections 91.52 and 91.72 of the statutes, as created by this act.

Note: Requires the DATCP to convene an advisory committee for the purposes of drafting rules that establish guidelines for county agricultural preservation plans and for rezoning land zoned for exclusive agricultural use.

SB370, s. 56 Section 56. Initial applicability.

SB370,28,7 (1)  The treatment of sections 71.05 (6) (a) 17. and (b) 22., 71.26 (1) (i) and 71.61 (2) of the statutes first applies to taxable years beginning on January 1, 1996.

SB370,28,12 (2)  The treatment of sections 20.835 (2) (dm) and (r), 71.58 (1) (h) and (8), 71.59 (1) (a) and (d) 5. and (2) (b) and (c), 71.60 (title), (1) (intro.) and (2) and 71.605 of the statutes first applies to farmland preservation credits that are claimed for taxable years beginning on January 1, 1996, and that are based on property taxes accrued in the previous year.

SB370,28,15 (3)  The treatment of section 91.73 (2) of the statutes first applies to exclusive agricultural zoning ordinances adopted or amended on the effective date of this subsection.

Note: Subsection (1) applies the exclusion of farmland preservation credits from the calculation of income and franchise taxes to taxable years beginning on or after January 1, 1996.

Subsection (2) provides that farmland subject to exclusive agricultural zoning may continue to receive farmland preservation credits under the current formula through 1995, after which the new formula for such credits applies.