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.
SB45, s. 1912
20Section
1912. 92.10 (5) (a) of the statutes is amended to read:
SB45,933,2321
92.10
(5) (a)
Plan review. The board shall review
and approve or disapprove 22land and water resource management plans submitted by the land conservation
23committees
and make recommendations to the department.
SB45, s. 1913
24Section
1913. 92.10 (6) (a) of the statutes is repealed and recreated to read:
SB45,934,3
192.10
(6) (a)
Plan preparation. A land conservation committee shall prepare
2a land and water resource management plan that, at a minimum, does all of the
3following:
SB45,934,44
1. Assesses water quality and soil erosion conditions throughout the county.
SB45,934,65
2. Specifies water quality and soil erosion control goals and identifies the areas
6that may not be meeting those goals.
SB45,934,107
3. Identifies applicable performance standards and prohibitions related to the
8control of pollution from nonpoint sources, as defined in s. 281.65 (2) (b), and to soil
9erosion control, including those under this chapter and chs. 281 and 283 and ss.
1059.692 and 59.693.
SB45,934,1411
4. Includes a multiyear description of planned county activities, and priorities
12for those activities, related to land and water resources, including those designed to
13meet the goals specified under subd. 2. and to ensure compliance with the standards
14and prohibitions identified under subd. 3.
SB45,934,1515
5. Describes a system to monitor the progress of activities described in the plan.
SB45,934,1716
6. Includes a strategy to provide information and education related to soil and
17water resource management.
SB45,934,1918
7. Describes methods for coordinating activities described in the plan with
19programs of other local, state and federal agencies.
SB45, s. 1914
20Section
1914. 92.104 of the statutes is repealed.
SB45, s. 1915
21Section
1915. 92.105 (1) of the statutes is amended to read:
SB45,935,722
92.105
(1) Establishment. A land conservation committee shall establish soil
23and water conservation standards. The standards
and specifications for agricultural
24facilities and practices that are constructed or begun on or after October 14, 1997,
25and, if cost-sharing is available to the farmer under s. 92.14, 281.16 (5) or 281.65 or
1from any other source, for agricultural facilities and practices that are constructed
2or begun before that date shall be consistent with the performance standards,
3prohibitions, conservation practices and technical standards under s. 281.16 (3).
It 4Beginning on January 1, 2001, the standards shall be consistent with the tolerable
5erosion level established under s. 92.04 (2) (i) and with nutrient management rules
6promulgated under s. 92.05 (3) (k). A land conservation committee shall submit
7these standards to the board for review.
SB45, s. 1916
8Section
1916. 92.105 (2) of the statutes is amended to read:
SB45,935,149
92.105
(2) Guidelines; review. The board shall develop guidelines to be used
10for the establishment and administration of soil and water conservation standards.
11The board shall review and shall approve or disapprove submitted soil and water
12conservation standards based on the guidelines it develops. If the board approves
13soil and water conservation standards, it shall notify
any appropriate zoning
14authority the land conservation committee of its approval.
SB45, s. 1917
15Section
1917. 92.105 (3) of the statutes is amended to read:
SB45,935,2016
92.105
(3) Approved standards required for farmland preservation credit. 17A farmland preservation credit may not be allowed under
subch. IX of ch. 71 ss. 71.59
18and 71.60 for claims relating to any land to which this section applies unless the land
19conservation committee for the county where the property is located establishes soil
20and water conservation standards which are approved by the board.
SB45, s. 1918
21Section
1918. 92.105 (5) of the statutes is amended to read:
SB45,936,822
92.105
(5) Noncompliance. If the land conservation committee determines
23that farming operations on land to which this section applies do not comply with soil
24and water conservation standards, it shall issue a notice of noncompliance to the
25farmer and send a copy of the notice to
any appropriate zoning authority. If no
1appropriate zoning authority exists, it shall send a copy to the department of
2revenue. This notice of noncompliance remains in effect until canceled. If actions
3are taken to comply with the soil and water conservation standards in a manner
4satisfactory to the land conservation committee, it shall cancel the notice of
5noncompliance by notifying the farmer and by sending a copy of the cancellation to
6any appropriate zoning authority. If no appropriate zoning authority exists or if the
7original notice was sent to the department of revenue, it shall send a copy of the
8cancellation to the department of revenue.
SB45, s. 1919
9Section
1919. 92.105 (6) of the statutes is amended to read:
SB45,936,1310
92.105
(6) Eligibility for farmland preservation credit. A farmland
11preservation credit may not be allowed under
subch. IX of ch. 71 ss. 71.59 and 71.60 12if a notice of noncompliance is in effect with respect to a claimant to which this section
13applies at the time the claim is filed.
SB45, s. 1920
14Section
1920. 92.105 (7) (a) (title) of the statutes is repealed.
SB45, s. 1921
15Section
1921. 92.105 (7) (a) of the statutes is renumbered 92.105 (7) and
16amended to read:
SB45,936,2117
92.105
(7) Applicability. This section and soil and water conservation
18standards established under this section apply only to a person claiming a farmland
19preservation credit under
subch. IX of ch. 71 ss. 71.59 and 71.60, land related to that
20claim and farming operations on that land
and apply only as provided under pars.
21(b) to (d).
SB45, s. 1922
22Section
1922. 92.105 (7) (b) to (d) of the statutes are repealed.
SB45, s. 1923
23Section
1923. 92.14 (2) (e) of the statutes is amended to read:
SB45,937,3
192.14
(2) (e) Promoting compliance with the requirements under
ss. 92.104 and 2s. 92.105 by persons claiming a farmland preservation credit under
subch. IX of ch.
371 ss. 71.59 and 71.60.
SB45, s. 1924
4Section
1924. 92.14 (3) (a) of the statutes is amended to read:
SB45,937,75
92.14
(3) (a) Compliance with requirements under
ss. 92.104 and s. 92.105 by
6persons claiming a farmland preservation credit under
subch. IX of ch. 71 ss. 71.59
7and 71.60.
SB45, s. 1925
8Section
1925. 92.14 (4) (b) of the statutes is amended to read:
SB45,937,129
92.14
(4) (b) Implementing land and water resource management projects
10undertaken to comply with the requirements under
ss. 92.104 and s. 92.105 by
11persons claiming a farmland preservation credit under
subch. IX of ch. 71 ss. 71.59
12and 71.60.
SB45, s. 1926
13Section
1926. 92.14 (6) (c) 1. of the statutes is amended to read: