SB45: Bill Text

SB45, s. 1876 Section 1876. 87.30 (1) (d) of the statutes is created to read:

SB45,926,9 87.30 (1) (d) For an amendment to a floodplain zoning ordinance that affects an activity that meets all of the requirements under s. 281.165 (1) to (5), the department may not proceed under this subsection, or otherwise review the amendment, to determine whether the ordinance, as amended, is insufficient.

SB45, s. 1877 Section 1877. 88.15 of the statutes is created to read:

SB45,926,16 88.15 Drainage board grants. (1) From the appropriation under s. 20.115 (7) (d), the department of agriculture, trade and consumer protection shall make grants to boards to assist boards to comply with this chapter and rules promulgated under this chapter. A grant under this section may not exceed 60% of the costs incurred by the board to comply with this chapter and rules promulgated under this chapter.

SB45,926,18 (2) The department of agriculture, trade and consumer protection shall promulgate rules for the administration of the program under this section.

SB45, s. 1878 Section 1878. 91.01 (8) of the statutes is amended to read:

SB45,926,23 91.01 (8) "Local governing body having jurisdiction" means the city council, village board or town board if that body has adopted a certified an ordinance under subch. V that is certified under s. 91.06, 1997 stats.; or the county board where such a city, village or town zoning ordinance is not in effect.

SB45, s. 1879 Section 1879. 91.04 of the statutes is created to read:

SB45,927,5 91.04 Acquisition of development rights agreements. The department shall maintain a list of nonprofit entities with which the department has entered into agreements under s. 71.605 (3). The department shall make the list available to owners who are interested in transferring their development rights and to the department of revenue.

SB45, s. 1880 Section 1880. 91.06 of the statutes is repealed.

SB45, s. 1881 Section 1881. 91.11 (1) (a) of the statutes is amended to read:

SB45,927,9 91.11 (1) (a) The county in which the land is located has a certified in effect an agricultural preservation plan in effect certified under s. 91.06, 1997 stats.; or

SB45, s. 1882 Section 1882. 91.11 (1) (b) of the statutes is amended to read:

SB45,927,12 91.11 (1) (b) The land is in an area zoned for exclusive agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats.

SB45, s. 1883 Section 1883. 91.11 (2) of the statutes is amended to read:

SB45,927,18 91.11 (2) An owner of land located in a county with a population density of less than 100 persons per square mile which has adopted a certified an exclusive agricultural use zoning ordinance certified under s. 91.06, 1997 stats., may apply under this subchapter even if the town in which the land is located has not approved the ordinance.

SB45, s. 1884 Section 1884. 91.11 (3) of the statutes is amended to read:

SB45,927,24 91.11 (3) In any county with a population density of 100 or more persons per square mile, an owner may apply for a farmland preservation agreement under this subchapter only if the county in which the land is located has a certified an exclusive agricultural use zoning ordinance certified under subch. V s. 91.06, 1997 stats., and the town in which the land is located has approved the ordinance.

SB45, s. 1885 Section 1885. 91.11 (4) of the statutes is amended to read:

SB45,928,6 91.11 (4) In any city, town or village that has adopted a certified an exclusive agricultural use zoning ordinance certified under subch. V s. 91.06, 1997 stats., or in any town that has approved a certified an exclusive agricultural use zoning ordinance adopted by the county and certified under subch. V s. 91.06, 1997 stats., an owner may apply for a farmland preservation agreement only if the land is in an area zoned for exclusive agricultural use.

SB45, s. 1886 Section 1886. 91.13 (4) (a) of the statutes is amended to read:

SB45,928,11 91.13 (4) (a) Whether the farmland is designated an agricultural preservation area in a certified an agricultural preservation plan established certified under subch. IV s. 91.06, 1997 stats., or is an area zoned for exclusive agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats.

SB45, s. 1887 Section 1887. 91.13 (8) (d) of the statutes is repealed.

SB45, s. 1888 Section 1888. 91.14 of the statutes is amended to read:

SB45,928,20 91.14 Transition area agreements. An owner may apply for a transition area agreement under this subchapter if the farmland is located in an area identified as a transition area under a certified county agricultural preservation plan certified under subch. IV s. 91.06, 1997 stats. The provisions of this subchapter, except ss. 91.11 (1) (b) and (4), 91.13 (4) (a) and (10) and 91.15, apply to agreements under this section. Agreements under this section shall be for not less than 5 nor more than 20 years, consistent with the county agricultural preservation plan.

SB45, s. 1889 Section 1889. 91.19 (2) (c) 1. e. of the statutes is amended to read:

SB45,928,24 91.19 (2) (c) 1. e. The proposed development or use is consistent with the county's certified agricultural preservation plan certified under s. 91.06, 1997 stats., if a plan is in effect.

SB45, s. 1890 Section 1890. 91.19 (6t) of the statutes is amended to read:

SB45,929,4 91.19 (6t) The After the effective date of this subsection .... [revisor inserts date], the department shall relinquish land from a farmland preservation agreement land that has been subject to a farmland preservation agreement for at least 10 years if the owner of the land so requests.

SB45, s. 1891 Section 1891. 91.19 (7) of the statutes is amended to read:

SB45,929,21 91.19 (7) Whenever a farmland preservation agreement is relinquished under sub. (2) or (6t) or all or part of the land is released from a farmland preservation agreement under sub. (2) or (6p) or a transition area agreement is relinquished under sub. (2) or, subject to subs. (12) and (13), a transition area agreement is relinquished under sub. (1) or (1m), the department shall cause to be prepared and recorded a lien against the property formerly subject to the agreement for the total amount of all credits received by all owners of such lands under subch. IX of ch. 71 ss. 71.59 and 71.60 during the last 10 years that the land was eligible for such credit, plus interest at the rate of 9.3% per year compounded annually on the credits received from the time the credits were received until the lien is paid for farmland preservation agreements relinquished under sub. (6t) and 6% per year compounded annually on the credits received from the time the credits were received until the lien is paid for other agreements. No interest shall be compounded for any period during which the farmland is subject to a subsequent farmland preservation agreement or transition area agreement or is zoned for exclusive agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats.

SB45, s. 1892 Section 1892. 91.19 (8) of the statutes is amended to read:

SB45,930,7 91.19 (8) Subject to subs. (12) and (13), upon the relinquishment of a farmland preservation agreement under sub. (1) or (1m), the department shall cause to be prepared and recorded a lien against the property formerly subject to the farmland preservation agreement for the total amount of the credits received by all owners thereof under subch. IX of ch. 71 ss. 71.59 and 71.60 during the last 10 years that the land was eligible for such credit, plus 6% interest per year compounded from the time of relinquishment. No interest shall be compounded for any period during which the farmland is subject to a subsequent farmland preservation agreement or transition area agreement or is zoned for exclusive agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats.

SB45, s. 1893 Section 1893. 91.19 (10) of the statutes is amended to read:

SB45,930,17 91.19 (10) The lien may be paid and discharged at any time and shall become payable to the state by the owner of record at the time the land or any portion of it is sold by the owner of record to any person except the owner's child or if the land is converted to a use prohibited by the former farmland preservation agreement. Upon reentry in an agreement under this subchapter or upon zoning for exclusively agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats., the portion of the lien on the land reentered or so zoned shall be discharged. The discharge of a lien does not affect the calculation of any subsequent lien under sub. (7) or (8). The proceeds from the payment shall be paid into the general fund.

SB45, s. 1894 Section 1894. 91.19 (12) of the statutes is amended to read:

SB45,930,22 91.19 (12) No lien may be filed under sub. (7) or (8), on the date of relinquishment, release or termination, for tax credits paid on lands or any portion of them which are zoned for exclusively agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats.

SB45, s. 1895 Section 1895. 91.19 (13) of the statutes is amended to read:

SB45,931,3 91.19 (13) No lien may be filed under sub. (7) or (8) for any amount of tax credits paid under subch. IX of ch. 71 ss. 71.59 and 71.60 to any owner of farmland if, up to the date of relinquishment under sub. (1) or (1m) of the applicable farmland preservation agreement or transition area agreement, all of the requirements under this subchapter that relate to the agreement have been satisfied by the owner.

SB45, s. 1896 Section 1896. 91.21 (3) of the statutes is amended to read:

SB45,931,8 91.21 (3) If the owner or a successor in title of the land upon which a farmland preservation agreement has been recorded under this chapter fails to comply with s. 91.13 (8) (d) or (dm), such person shall be given one year to restore compliance before the remedies of sub. (1) shall be applicable.

SB45, s. 1897 Section 1897. 91.25 of the statutes is created to read:

SB45,931,12 91.25 Phaseout of agreements. The department may not enter into, or extend, an agreement under this subchapter after the effective date of this section .... [revisor inserts date].

SB45, s. 1898 Section 1898. Subchapter III of chapter 91 [precedes 91.31] of the statutes is repealed.

SB45, s. 1899 Section 1899. Subchapter IV of chapter 91 [precedes 91.51] of the statutes is repealed.

SB45, s. 1900 Section 1900. 91.71 of the statutes is repealed.

SB45, s. 1901 Section 1901. 91.73 (2) of the statutes is repealed.

SB45, s. 1902 Section 1902. 91.75 (intro.) of the statutes is amended to read:

SB45,932,2 91.75 Ordinance standards. (intro.) A zoning ordinance shall be deemed an "exclusive agricultural use ordinance" if it includes those jurisdictional, organizational or enforcement provisions necessary for its proper administration, if the land in exclusive agricultural use districts is limited to agricultural use and is identified as an agricultural preservation area under any agricultural preservation plans adopted under subch. IV and if the regulations on the use of agricultural lands in such districts meet the following standards which, except for sub. (4), are minimum standards:

SB45, s. 1903 Section 1903. 91.75 (1) of the statutes is repealed and recreated to read:

SB45,932,4 91.75 (1) A minimum lot size is specified.

SB45, s. 1904 Section 1904. 91.75 (6) of the statutes is amended to read:

SB45,932,11 91.75 (6) For purposes of farm consolidation and if permitted by local regulation, farm residences or structures which existed prior to the adoption of the ordinance may be separated from a larger farm parcel. Farm residences or structures with up to 5 acres of land which are separated from a larger farm parcel under this section are not subject to the lien under s. 91.19 (8) to (10), as required in s. 91.77 (2) or 91.79.

SB45, s. 1905 Section 1905. 91.77 (2) of the statutes is repealed.

SB45, s. 1906 Section 1906. 91.78 of the statutes is repealed.

SB45, s. 1907 Section 1907. 91.79 of the statutes is repealed.

SB45, s. 1908 Section 1908. 91.80 (1) of the statutes is amended to read:

SB45,932,20 91.80 (1) Ordinance. Any county, city, village or town may require by separate ordinance that land for which an owner receives a zoning certificate under s. 71.59 (1) (b) applies for a farmland preservation credit under ss. 71.59 and 71.60 be farmed in compliance with reasonable soil and water conservation standards established by the county land conservation committee.

SB45, s. 1909 Section 1909. 92.04 (2) (b) of the statutes is amended to read:

SB45,932,25 92.04 (2) (b) Review and approve land and water resource management plans. The board shall review and approve or disapprove land and water resource management plans prepared under s. 92.10 and make recommendations to the department on approval or disapproval of those plans.

SB45, s. 1910 Section 1910. 92.08 (1) of the statutes is amended to read:

SB45,933,11 92.08 (1) Every land conservation committee shall prepare annually for its county a plan which describes the soil and water resource activities to be undertaken by that county and the dollar amounts required for personnel to administer and implement activities in that county related to soil conservation activities required under ss. 92.104 and s. 92.105 to claim a farmland preservation credit under subch. IX of ch. 71 ss. 71.59 and 71.60, activities required under s. 92.17 related to shoreland management or activities required under s. 281.65 (8m) related to the development or implementation of animal waste or construction site erosion ordinances. The land conservation committee shall submit that plan to the county board of that county and to the department.

SB45, s. 1911 Section 1911. 92.10 (4) (d) of the statutes is amended to read:

SB45,933,19 92.10 (4) (d) Plan review. The department, in consultation with the department of natural resources, shall review and approve or disapprove land and water resource management plans submitted by the land conservation committees, summarize the plans and make recommendations to the board on approval or disapproval of the plans. The department may require land conservation committees to indicate specific projects to be funded under each plan and the related cost-sharing rates.

SB45, s. 1912 Section 1912. 92.10 (5) (a) of the statutes is amended to read:

SB45,933,23 92.10 (5) (a) Plan review. The board shall review and approve or disapprove land and water resource management plans submitted by the land conservation committees and make recommendations to the department.

SB45, s. 1913 Section 1913. 92.10 (6) (a) of the statutes is repealed and recreated to read:

SB45,934,3 92.10 (6) (a) Plan preparation. A land conservation committee shall prepare a land and water resource management plan that, at a minimum, does all of the following:

SB45,934,4 1. Assesses water quality and soil erosion conditions throughout the county.

SB45,934,6 2. Specifies water quality and soil erosion control goals and identifies the areas that may not be meeting those goals.

SB45,934,10 3. Identifies applicable performance standards and prohibitions related to the control of pollution from nonpoint sources, as defined in s. 281.65 (2) (b), and to soil erosion control, including those under this chapter and chs. 281 and 283 and ss. 59.692 and 59.693.

SB45,934,14 4. Includes a multiyear description of planned county activities, and priorities for those activities, related to land and water resources, including those designed to meet the goals specified under subd. 2. and to ensure compliance with the standards and prohibitions identified under subd. 3.

SB45,934,15 5. Describes a system to monitor the progress of activities described in the plan.

SB45,934,17 6. Includes a strategy to provide information and education related to soil and water resource management.

SB45,934,19 7. Describes methods for coordinating activities described in the plan with programs of other local, state and federal agencies.

SB45, s. 1914 Section 1914. 92.104 of the statutes is repealed.

SB45, s. 1915 Section 1915. 92.105 (1) of the statutes is amended to read:

SB45,935,7 92.105 (1) Establishment. A land conservation committee shall establish soil and water conservation standards. The standards and specifications for agricultural facilities and practices that are constructed or begun on or after October 14, 1997, and, if cost-sharing is available to the farmer under s. 92.14, 281.16 (5) or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3). It Beginning on January 1, 2001, the standards shall be consistent with the tolerable erosion level established under s. 92.04 (2) (i) and with nutrient management rules promulgated under s. 92.05 (3) (k). A land conservation committee shall submit these standards to the board for review.

SB45, s. 1916 Section 1916. 92.105 (2) of the statutes is amended to read:

SB45,935,14 92.105 (2) Guidelines; review. The board shall develop guidelines to be used for the establishment and administration of soil and water conservation standards. The board shall review and shall approve or disapprove submitted soil and water conservation standards based on the guidelines it develops. If the board approves soil and water conservation standards, it shall notify any appropriate zoning authority the land conservation committee of its approval.

SB45, s. 1917 Section 1917. 92.105 (3) of the statutes is amended to read:

SB45,935,20 92.105 (3) Approved standards required for farmland preservation credit. A farmland preservation credit may not be allowed under subch. IX of ch. 71 ss. 71.59 and 71.60 for claims relating to any land to which this section applies unless the land conservation committee for the county where the property is located establishes soil and water conservation standards which are approved by the board.

SB45, s. 1918 Section 1918. 92.105 (5) of the statutes is amended to read:

SB45,936,8 92.105 (5) Noncompliance. If the land conservation committee determines that farming operations on land to which this section applies do not comply with soil and water conservation standards, it shall issue a notice of noncompliance to the farmer and send a copy of the notice to any appropriate zoning authority. If no appropriate zoning authority exists, it shall send a copy to the department of revenue. This notice of noncompliance remains in effect until canceled. If actions are taken to comply with the soil and water conservation standards in a manner satisfactory to the land conservation committee, it shall cancel the notice of noncompliance by notifying the farmer and by sending a copy of the cancellation to any appropriate zoning authority. If no appropriate zoning authority exists or if the original notice was sent to the department of revenue, it shall send a copy of the cancellation to the department of revenue.

SB45, s. 1919 Section 1919. 92.105 (6) of the statutes is amended to read:

SB45,936,13 92.105 (6) Eligibility for farmland preservation credit. A farmland preservation credit may not be allowed under subch. IX of ch. 71 ss. 71.59 and 71.60 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.

SB45, s. 1920 Section 1920. 92.105 (7) (a) (title) of the statutes is repealed.

SB45, s. 1921 Section 1921. 92.105 (7) (a) of the statutes is renumbered 92.105 (7) and amended to read:

SB45,936,21 92.105 (7) Applicability. This section and soil and water conservation standards established under this section apply only to a person claiming a farmland preservation credit under subch. IX of ch. 71 ss. 71.59 and 71.60, land related to that claim and farming operations on that land and apply only as provided under pars. (b) to (d).