SB45,923,10
186.302
(1g) Except as provided in sub. (1m),
beginning on January 1, 2001, the
2board of every town, village and county, and the governing body of every city, shall
3file with the department
and with the county clerk not later than December 15 of
4every
odd-numbered year, a certified plat of
such town, village, city the municipality 5or county showing the
roads and streets highways under
their its jurisdiction and the
6mileage thereof to be open and used for travel as of the succeeding January 1
, which
7may be used by the. The department
may use the plats in making computations of
8transportation aids. One-half of the mileage of
roads or streets highways on
9boundary lines shall be considered as lying in each
town, village, city municipality 10or county.
SB45, s. 1866
11Section
1866. 86.302 (1d) of the statutes is created to read:
SB45,923,1212
86.302
(1d) (a) "Highway" has the meaning given in s. 340.01 (22).
SB45,923,1313
(b) "Municipality" means a city, village or town.
SB45, s. 1867
14Section
1867. 86.302 (1m) (a) of the statutes is renumbered 86.302 (1m) (a)
151. and amended to read:
SB45,923,2116
86.302
(1m) (a) 1.
The board of a town, village or county and the governing body
17of a city need not file a certified plat under sub. (1) if the town, village, In lieu of filing
18a certified plat under sub. (1g), if a municipality or county
or city has not added or
19deleted jurisdictional mileage since filing its last preceding certified plat under sub.
20(1) (1g), its board or governing body may file a certified statement to that effect with
21the department.
SB45, s. 1868
22Section
1868. 86.302 (1m) (a) 2. of the statutes is created to read:
SB45,923,2523
86.302
(1m) (a) 2. Notwithstanding subd. 1., the department may require every
24municipality and county to file a certified plat under sub. (1g) with the department
25in the year after the year in which a federal decennial census is conducted.
SB45, s. 1869
1Section
1869. 86.302 (1m) (b) of the statutes is amended to read:
SB45,924,82
86.302
(1m) (b) Upon incorporation of a village or city, the board of the village
3and the governing body of the city shall file with the department
and with the county
4clerk a certified plat of the village or city showing the
roads and streets highways 5under its jurisdiction and the mileage thereof to be open and used for travel as of the
6date of incorporation, which may be used by the department in making computations
7of transportation aids. One-half of the mileage of
roads or streets highways on
8boundary lines shall be considered as lying in the village or city.
SB45, s. 1870
9Section
1870. 86.302 (2) of the statutes is amended to read:
SB45,924,2210
86.302
(2) Not later than December 15, 2001, and biennially thereafter, each
11municipality and county shall assess the physical condition of highways under its
12jurisdiction, using a pavement rating system approved by the department and report
13the results of that assessment to the department. The department shall assess the
14accuracy of mileage or other data concerning highways reported by municipalities
15and counties and may use field investigations to verify a portion of the data
16constituting a valid random sample or such specialized sample as the department
17considers appropriate. The department shall cooperate with and provide assistance
18to local units of government in their
jurisdictional mileage determination efforts
.
19The department shall inventory and verify all road mileage in a county or
20municipality once every 10 years under this subsection. Information collected under
21this subsection is inadmissible as evidence, except to show compliance with this
22subsection.
SB45, s. 1871
23Section
1871. 86.302 (3) of the statutes is amended to read:
SB45,925,524
86.302
(3) For the purposes of transportation aid determinations under s.
2586.30,
the department shall use changes in the
road highway mileage of a
city,
1municipality or county
, town or village indicated on the certified plat filed under sub.
2(1) shall be used by the department (1g) in making computations of transportation
3aids to be paid beginning in the
next odd-numbered year following the
4odd-numbered year in which the certified plat is filed. The
department shall
5consider the following factors
shall be considered by the department:
SB45,925,66
(a) New
roads highways.
SB45,925,7
7(b) Abandoned
roads highways.
SB45,925,98
(c) Changes in jurisdictional mileage responsibilities for existing
roads
9highways.
SB45, s. 1872
10Section
1872. 86.303 (4) (b) of the statutes is amended to read:
SB45,925,1811
86.303
(4) (b) In the case of municipalities formed within the previous 6 years,
12the information needed for the determinations under this section shall be calculated
13as follows: for those years for which the necessary data does not exist, the data for
14the new municipality and the municipality from which it was formed shall be
15combined and the sum shall be apportioned to each municipality in proportion to the
16total mileage of
roads and streets highways under their respective jurisdictions. In
17making these calculations, the department shall use the certified plats filed under
18s. 86.302
(1) (1g).
SB45, s. 1873
19Section
1873. 86.303 (6) (c) (intro.) of the statutes is amended to read:
SB45,925,2120
86.303
(6) (c) (intro.) The following other costs to the extent
to which they are
21highway related are reportable:
SB45, s. 1874
22Section
1874. 86.303 (6) (c) 4. of the statutes is amended to read:
SB45,925,2323
86.303
(6) (c) 4.
Traffic police and street Street lighting costs.
SB45, s. 1875
24Section
1875. 86.303 (6) (cm) of the statutes is created to read:
SB45,926,4
186.303
(6) (cm) Some portion of law enforcement costs determined by the
2department, in consultation with the representatives appointed under sub. (5) (am),
3may be reported as eligible cost items. The department may establish different
4portions under this paragraph for different classes of counties or municipalities.
SB45, s. 1876
5Section
1876. 87.30 (1) (d) of the statutes is created to read:
SB45,926,96
87.30
(1) (d) For an amendment to a floodplain zoning ordinance that affects
7an activity that meets all of the requirements under s. 281.165 (1) to (5), the
8department may not proceed under this subsection, or otherwise review the
9amendment, to determine whether the ordinance, as amended, is insufficient.
SB45, s. 1877
10Section
1877. 88.15 of the statutes is created to read:
SB45,926,16
1188.15 Drainage board grants. (1) From the appropriation under s. 20.115
12(7) (d), the department of agriculture, trade and consumer protection shall make
13grants to boards to assist boards to comply with this chapter and rules promulgated
14under this chapter. A grant under this section may not exceed 60% of the costs
15incurred by the board to comply with this chapter and rules promulgated under this
16chapter.
SB45,926,18
17(2) The department of agriculture, trade and consumer protection shall
18promulgate rules for the administration of the program under this section.
SB45, s. 1878
19Section
1878. 91.01 (8) of the statutes is amended to read:
SB45,926,2320
91.01
(8) "Local governing body having jurisdiction" means the city council,
21village board or town board if that body has adopted
a certified an ordinance under
22subch. V
that is certified under s. 91.06, 1997 stats.; or the county board where such
23a city, village or town zoning ordinance is not in effect.
SB45, s. 1879
24Section
1879. 91.04 of the statutes is created to read:
SB45,927,5
191.04 Acquisition of development rights agreements. The department
2shall maintain a list of nonprofit entities with which the department has entered into
3agreements under s. 71.605 (3). The department shall make the list available to
4owners who are interested in transferring their development rights and to the
5department of revenue.
SB45, s. 1881
7Section
1881. 91.11 (1) (a) of the statutes is amended to read:
SB45,927,98
91.11
(1) (a) The county in which the land is located has
a certified in effect an 9agricultural preservation plan
in effect certified under s. 91.06, 1997 stats.; or
SB45, s. 1882
10Section
1882. 91.11 (1) (b) of the statutes is amended to read:
SB45,927,1211
91.11
(1) (b) The land is in an area zoned for exclusive agricultural use under
12an ordinance certified under
subch. V s. 91.06, 1997 stats.
SB45, s. 1883
13Section
1883. 91.11 (2) of the statutes is amended to read:
SB45,927,1814
91.11
(2) An owner of land located in a county with a population density of less
15than 100 persons per square mile which has adopted
a certified an exclusive
16agricultural use zoning ordinance
certified under s. 91.06, 1997 stats., may apply
17under this subchapter even if the town in which the land is located has not approved
18the ordinance.
SB45, s. 1884
19Section
1884. 91.11 (3) of the statutes is amended to read:
SB45,927,2420
91.11
(3) In any county with a population density of 100 or more persons per
21square mile, an owner may apply for a farmland preservation agreement under this
22subchapter only if the county in which the land is located has
a certified an exclusive
23agricultural use zoning ordinance
certified under
subch. V s. 91.06, 1997 stats., and
24the town in which the land is located has approved the ordinance.
SB45, s. 1885
25Section
1885. 91.11 (4) of the statutes is amended to read:
SB45,928,6
191.11
(4) In any city, town or village that has adopted
a certified an exclusive
2agricultural use zoning ordinance
certified under
subch. V s. 91.06, 1997 stats., or
3in any town that has approved
a certified an exclusive agricultural use zoning
4ordinance adopted by the county
and certified under
subch. V s. 91.06, 1997 stats.,
5an owner may apply for a farmland preservation agreement only if the land is in an
6area zoned for exclusive agricultural use.
SB45, s. 1886
7Section
1886. 91.13 (4) (a) of the statutes is amended to read:
SB45,928,118
91.13
(4) (a) Whether the farmland is designated an agricultural preservation
9area in
a certified an agricultural preservation plan
established certified under
10subch. IV s. 91.06, 1997 stats., or is an area zoned for exclusive agricultural use under
11an ordinance certified under
subch. V s. 91.06, 1997 stats.
SB45, s. 1887
12Section
1887. 91.13 (8) (d) of the statutes is repealed.
SB45, s. 1888
13Section
1888. 91.14 of the statutes is amended to read:
SB45,928,20
1491.14 Transition area agreements. An owner may apply for a transition
15area agreement under this subchapter if the farmland is located in an area identified
16as a transition area under a
certified county agricultural preservation plan
certified 17under
subch. IV s. 91.06, 1997 stats. The provisions of this subchapter, except ss.
1891.11 (1) (b) and (4), 91.13 (4) (a) and (10) and 91.15, apply to agreements under this
19section. Agreements under this section shall be for not less than 5 nor more than 20
20years, consistent with the county agricultural preservation plan.
SB45, s. 1889
21Section
1889. 91.19 (2) (c) 1. e. of the statutes is amended to read:
SB45,928,2422
91.19
(2) (c) 1. e. The proposed development or use is consistent with the
23county's
certified agricultural preservation plan
certified under s. 91.06, 1997 stats.,
24if a plan is in effect.
SB45, s. 1890
25Section
1890. 91.19 (6t) of the statutes is amended to read:
SB45,929,4
191.19
(6t) The After the effective date of this subsection .... [revisor inserts
2date], the department shall relinquish
land from a farmland preservation agreement
3land that has been subject to a farmland preservation agreement for at least 10 years 4if the owner of the land so requests.
SB45, s. 1891
5Section
1891. 91.19 (7) of the statutes is amended to read:
SB45,929,216
91.19
(7) Whenever a farmland preservation agreement is relinquished under
7sub. (2) or (6t) or all or part of the land is released from a farmland preservation
8agreement under sub. (2) or (6p) or a transition area agreement is relinquished under
9sub. (2) or, subject to subs. (12) and (13), a transition area agreement is relinquished
10under sub. (1) or (1m), the department shall cause to be prepared and recorded a lien
11against the property formerly subject to the agreement for the total amount of all
12credits received by all owners of such lands under
subch. IX of ch. 71 ss. 71.59 and
1371.60 during the last 10 years that the land was eligible for such credit, plus interest
14at the rate of 9.3% per year compounded annually on the credits received from the
15time the credits were received until the lien is paid for farmland preservation
16agreements relinquished under sub. (6t) and 6% per year compounded annually on
17the credits received from the time the credits were received until the lien is paid for
18other agreements. No interest shall be compounded for any period during which the
19farmland is subject to a subsequent farmland preservation agreement or transition
20area agreement or is zoned for exclusive agricultural use under an ordinance
21certified under
subch. V s. 91.06, 1997 stats.
SB45, s. 1892
22Section
1892. 91.19 (8) of the statutes is amended to read:
SB45,930,723
91.19
(8) Subject to subs. (12) and (13), upon the relinquishment of a farmland
24preservation agreement under sub. (1) or (1m), the department shall cause to be
25prepared and recorded a lien against the property formerly subject to the farmland
1preservation agreement for the total amount of the credits received by all owners
2thereof under
subch. IX of ch. 71 ss. 71.59 and 71.60 during the last 10 years that the
3land was eligible for such credit, plus 6% interest per year compounded from the time
4of relinquishment. No interest shall be compounded for any period during which the
5farmland is subject to a subsequent farmland preservation agreement or transition
6area agreement or is zoned for exclusive agricultural use under an ordinance
7certified under
subch. V s. 91.06, 1997 stats.
SB45, s. 1893
8Section
1893. 91.19 (10) of the statutes is amended to read:
SB45,930,179
91.19
(10) The lien may be paid and discharged at any time and shall become
10payable to the state by the owner of record at the time the land or any portion of it
11is sold by the owner of record to any person except the owner's child or if the land is
12converted to a use prohibited by the former farmland preservation agreement. Upon
13reentry in an agreement under this subchapter or upon zoning for exclusively
14agricultural use under an ordinance certified under
subch. V s. 91.06, 1997 stats., the
15portion of the lien on the land reentered or so zoned shall be discharged. The
16discharge of a lien does not affect the calculation of any subsequent lien under sub.
17(7) or (8). The proceeds from the payment shall be paid into the general fund.
SB45, s. 1894
18Section
1894. 91.19 (12) of the statutes is amended to read:
SB45,930,2219
91.19
(12) No lien may be filed under sub. (7) or (8), on the date of
20relinquishment, release or termination, for tax credits paid on lands or any portion
21of them which are zoned for exclusively agricultural use under an ordinance certified
22under
subch. V s. 91.06, 1997 stats.
SB45, s. 1895
23Section
1895. 91.19 (13) of the statutes is amended to read:
SB45,931,324
91.19
(13) No lien may be filed under sub. (7) or (8) for any amount of tax credits
25paid under
subch. IX of ch. 71 ss. 71.59 and 71.60 to any owner of farmland if, up to
1the date of relinquishment under sub. (1) or (1m) of the applicable farmland
2preservation agreement or transition area agreement, all of the requirements under
3this subchapter that relate to the agreement have been satisfied by the owner.
SB45, s. 1896
4Section
1896. 91.21 (3) of the statutes is amended to read:
SB45,931,85
91.21
(3) If the owner or a successor in title of the land upon which a farmland
6preservation agreement has been recorded under this chapter fails to comply with
7s. 91.13 (8)
(d) or (dm), such person shall be given one year to restore compliance
8before the remedies of sub. (1) shall be applicable.
SB45, s. 1897
9Section
1897. 91.25 of the statutes is created to read:
SB45,931,12
1091.25 Phaseout of agreements. The department may not enter into, or
11extend, an agreement under this subchapter after the effective date of this section
12.... [revisor inserts date].
SB45, s. 1898
13Section
1898. Subchapter III of chapter 91 [precedes 91.31] of the statutes is
14repealed.
SB45, s. 1899
15Section
1899. Subchapter IV of chapter 91 [precedes 91.51] of the statutes is
16repealed.
SB45, s. 1901
18Section
1901. 91.73 (2) of the statutes is repealed.
SB45, s. 1902
19Section
1902. 91.75 (intro.) of the statutes is amended to read:
SB45,932,2
2091.75 Ordinance standards. (intro.) A zoning ordinance shall be deemed an
21"exclusive agricultural use ordinance" if it includes those jurisdictional,
22organizational or enforcement provisions necessary for its proper administration, if
23the land in exclusive agricultural use districts is limited to agricultural use
and is
24identified as an agricultural preservation area under any agricultural preservation
25plans adopted under subch. IV and if the regulations on the use of agricultural lands
1in such districts meet the following standards which, except for sub. (4), are
2minimum standards:
SB45, s. 1903
3Section
1903. 91.75 (1) of the statutes is repealed and recreated to read:
SB45,932,44
91.75
(1) A minimum lot size is specified.
SB45, s. 1904
5Section
1904. 91.75 (6) of the statutes is amended to read:
SB45,932,116
91.75
(6) For purposes of farm consolidation and if permitted by local
7regulation, farm residences or structures which existed prior to the adoption of the
8ordinance may be separated from a larger farm parcel.
Farm residences or
9structures with up to 5 acres of land which are separated from a larger farm parcel
10under this section are not subject to the lien under s. 91.19 (8) to (10), as required in
11s. 91.77 (2) or 91.79.
SB45, s. 1905
12Section
1905. 91.77 (2) of the statutes is repealed.
SB45, s. 1908
15Section
1908. 91.80 (1) of the statutes is amended to read:
SB45,932,2016
91.80
(1) Ordinance. Any county, city, village or town may require by separate
17ordinance that land for which an owner
receives a zoning certificate under s. 71.59
18(1) (b) applies for a farmland preservation credit under ss. 71.59 and 71.60 be farmed
19in compliance with reasonable soil and water conservation standards established by
20the county land conservation committee.
SB45, s. 1909
21Section
1909. 92.04 (2) (b) of the statutes is amended to read:
SB45,932,2522
92.04
(2) (b)
Review and approve land and water resource management plans. 23The board shall review
and approve or disapprove land and water resource
24management plans prepared under s. 92.10
and make recommendations to the
25department on approval or disapproval of those plans.
SB45, s. 1910
1Section
1910. 92.08 (1) of the statutes is amended to read:
SB45,933,112
92.08
(1) Every land conservation committee shall prepare annually for its
3county a plan which describes the soil and water resource activities to be undertaken
4by that county and the dollar amounts required for personnel to administer and
5implement activities in that county related to soil conservation activities required
6under
ss. 92.104 and s. 92.105 to claim a farmland preservation credit under
subch.
7IX of ch. 71 ss. 71.59 and 71.60, activities required under s. 92.17 related to shoreland
8management or activities required under s. 281.65 (8m) related to the development
9or implementation of animal waste or construction site erosion ordinances. The land
10conservation committee shall submit that plan to the county board of that county and
11to the department.
SB45, s. 1911
12Section
1911. 92.10 (4) (d) of the statutes is amended to read:
SB45,933,1913
92.10
(4) (d)
Plan review. The department
, in consultation with the
14department of natural resources, shall review
and approve or disapprove land and
15water resource management plans submitted by the land conservation committees
,
16summarize the plans and make recommendations to the board on approval or
17disapproval of the plans. The department may require land conservation committees
18to indicate specific projects to be funded under each plan and the related
19cost-sharing rates.