91.06 (2) CERTIFICATION OF PLANS. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], all of the following apply:
1. The department may certify a county farmland preservation plan or revision to a county farmland preservation plan based on the county certification under s. 91.61 (2) (d).
2. The department may do any of the following before it determines whether to certify a county's farmland preservation plan or revision to a plan:
a. Review the plan or revision for compliance with ss. 91.51 to 91.59.
b. Review and audit the application for certification under s. 91.61 (2).
(b) The department shall grant or deny an application for certification under s. 91.61 (2) in writing no later than the 90th day following receipt of a complete application, unless the county agrees to an extension.
(c) The department may grant an application for certification under s. 91.61 (2) subject to conditions specified by the department in its certification decision. The department may revoke the certification if the county does not make the required changes by a deadline specified by the department.
(d) For the purposes of this chapter and subch. IX of ch. 71, a certified farmland preservation plan does not include a revision to the plan adopted after the effective date of this paragraph .... [revisor inserts date], unless the department certifies the revision under par. (b).
(3) CERTIFICATION OF ORDINANCES. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], all of the following apply:
1. The department may certify an exclusive agricultural use zoning ordinance or revision to an ordinance based on the certification under s. 91.78 (2) (d).
2. The department may do any of the following before it determines whether to certify an exclusive agricultural use zoning ordinance or revision to an ordinance:
a. Review the ordinance or revision for compliance with ss. 91.75 and 91.77.
b. Review and audit the application for certification under s. 91.78 (2).
(b) The department shall grant or deny an application for certification under s. 91.78 (2) in writing no later than the 90th day following receipt of a complete application, unless the county, city, village, or town agrees to an extension.
(c) The department may grant an application for certification under s. 91.78 (2) subject to conditions specified by the department in its certification decision. The department may revoke the certification if the county, city, village, or town does not make the required changes by a deadline specified by the department.
SECTION 7. 91.13 (8) (fm) of the statutes is amended to read:
91.13 (8) (fm) A statement in boldface uppercase type that contains the following language: "UPON RELINQUISHMENT (WITHDRAWAL OR EXPIRATION) OF FROM THIS AGREEMENT, A PAYBACK OF CREDITS WITH INTEREST PAYMENT TO THE STATE MAY BE REQUIRED."
SECTION 8. 91.17 (1) of the statutes is amended to read:
91.17 (1) Land subject to a farmland preservation agreement may be sold without a lien being filed payment being made under s. 91.19 (7m), subject to the reservation of rights contained in the agreement. The seller shall notify the department of any such transfer. The purchaser shall be liable under any subsequent lien under s. 91.19 only for the amount of tax credits paid on that portion of the land purchased.
SECTION 9. 91.17 (2) of the statutes is amended to read:
91.17 (2) When the owner of land subject to a farmland preservation agreement dies or is certified by a physician to be totally and permanently disabled, the land may be released from the program under this chapter and shall not be subject to a lien payment under s. 91.19 (8) (7m).
SECTION 10. 91.17 (3) of the statutes is repealed.
SECTION 11. 91.19 (2) (intro.) of the statutes is amended to read:
91.19 (2) (intro.) The Subject to sub. (7m), the department may relinquish the farmland preservation agreement or may release part of the land from a farmland preservation agreement prior to the termination date contained in the instrument as follows:
SECTION 12. 91.19 (3) of the statutes is amended to read:
91.19 (3) If the request for relinquishment of the farmland preservation agreement or release of part of the land from the agreement is approved by the local governing body having jurisdiction, a copy of the application, along with the comments and recommendations of the reviewing agencies, shall be forwarded to the board department. The board department shall, within 60 days, upon consideration of the factors in sub. (2) (b) and (c) 2., approve or reject the application for relinquishment or release. If the board department approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.
SECTION 13. 91.19 (5) of the statutes is amended to read:
91.19 (5) If the application for relinquishment of the agreement or release of part of the land from the agreement is rejected by the local governing body having jurisdiction, the application shall be returned to the applicant with a written statement regarding the reasons for rejection. Within 30 days after receipt of the rejected application, the applicant may appeal the rejection to the board department. The board department shall, within 60 days after the appeal has been received, upon consideration of the factors listed in sub. (2) (b) and (c) 2., approve or reject the request for relinquishment or release. If the board department approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.
SECTION 14. 91.19 (6p) of the statutes is repealed.
SECTION 15. 91.19 (6s) (a) 1. of the statutes is amended to read:
91.19 (6s) (a) 1. An application for release of the land, made by either the owner or the local unit of government, is approved by the local governing body having jurisdiction and the board department under the procedures of subs. (2) to (5).
SECTION 16. 91.19 (6s) (b) of the statutes is amended to read:
91.19 (6s) (b) If an owner of land subject to a farmland preservation agreement opposes an application brought by a local unit of government for release of that land, the owner may appeal the approval of that application by the local governing body having jurisdiction to the board department according to the procedures in par. (c).
SECTION 17. 91.19 (6s) (c) of the statutes is amended to read:
91.19 (6s) (c) If the application for release of any land from the agreement is approved by the local governing body having jurisdiction, the application shall be returned to the applicant, and a copy of the application to the owner, with a written statement regarding the reasons for approval. Within 30 days after receipt of a copy of the approved application, the owner may appeal the approval to the board department. The board department shall, within 60 days after the appeal has been received, upon consideration of the factors listed in sub. (2) (b) and (c) 2., approve or reject the request to disapprove the release. If the board department approves the owner's appeal it shall notify the local governing body having jurisdiction.
SECTION 18. 91.19 (6s) (d) of the statutes is amended to read:
91.19 (6s) (d) The board department may waive its approval authority under this subsection for applications affecting less than 5 acres of land.
SECTION 19. 91.19 (6t) of the statutes is amended to read:
91.19 (6t) The Subject to sub. (7m), the department shall relinquish 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.
SECTION 20. 91.19 (7) of the statutes is repealed.
SECTION 21. 91.19 (7m) of the statutes is created to read:
91.19 (7m) (a) Except as provided in par. (b), the department may not relinquish a farmland preservation agreement under sub. (3), (5), or (6t) or release land from a farmland preservation agreement under sub. (3) or (5) until the owner pays to the department $100 per acre of land that is no longer covered by the farmland preservation agreement.
(b) The payment under par. (a) does not apply to land that is zoned exclusively for agricultural use under an ordinance certified under subch. V.
SECTION 22. 91.19 (8) to (13) of the statutes are repealed.
SECTION 23. 91.21 (1) of the statutes is amended to read:
91.21 (1) If the owner or a successor in title of the land upon which a farmland preservation agreement has been recorded under this chapter changes the use of the land to a prohibited use without first acting under ss. 91.17 and 91.19 and the land is not relinquished under s. 91.19 (6p) or (6t), the owner or successor in title may be enjoined by the state, acting through the attorney general, or by the local governing body having jurisdiction, acting through its attorney, and is subject to a civil penalty for actual damages, but in no case to exceed double the value of the land as established at the time the application for the agreement was approved.
SECTION 24. 91.23 of the statutes is amended to read:
91.23 Conversion. An owner under a farmland preservation agreement may at any time apply for a transition area agreement, and an owner under a transition area agreement may at any time apply for a farmland preservation agreement. If such an application is approved, the prior agreement shall be relinquished without a lien being filed payment being made under s. 91.19 (7m).
SECTION 25. Subchapter III of chapter 91 [precedes 91.31] of the statutes is repealed.
SECTION 26. 91.59 (title) of the statutes is amended to read:
91.59 (title) Coordination; public comment.
SECTION 27. 91.59 (2m) of the statutes is created to read:
91.59 (2m) A county shall make a proposed agricultural preservation plan or revision to a plan available to the public for at least 30 days before the public hearing under s. 59.69 (3) (d) and shall accept comments from the public during that time.
SECTION 28. 91.61 of the statutes is renumbered 91.61 (1) and amended to read:
91.61 (1) Upon Before the effective date of this subsection .... [revisor inserts date], upon completion of a county agricultural preservation plans plan described in this subchapter, copies of the plan may be submitted to the board for review and certification under s. 91.06.
SECTION 29. 91.61 (2) of the statutes is created to read:
91.61 (2) Beginning on the effective date of this subsection .... [revisor inserts date], to apply for certification under s. 91.06 for a county agricultural preservation plan or a revision to the plan, a county shall submit all of the following to the department:
(a) A copy of the plan or revision to the plan.
(b) A description of how the plan or revision to the plan complies with ss. 91.51 to 91.59.
(c) Other relevant information required by the department by rule.
(d) A statement signed by the county corporation counsel certifying that the plan or revision to the plan complies with ss. 91.51 to 91.59.
SECTION 30. 91.75 (6) of the statutes is amended to read:
91.75 (6) For purposes of farm consolidation and if permitted by local regulation, farm residences or structures which that 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 that are separated from a larger farm parcel under this section are not subject to the lien under s. 91.19 (8) to (10), as payment required in s. 91.77 (2) or 91.79.
SECTION 31. 91.77 (2) of the statutes is amended to read:
91.77 (2) Land which is rezoned Except as otherwise provided in this subsection, rezoning under this section shall be subject to the lien provided under s. 91.19 (8) to (10) for the amount of tax credits paid on the land rezoned may not be completed until the landowner makes a payment of $100 per acre of land that is rezoned to the county, city, village, or town that approves the petition. If the rezoning occurs solely as a result of action initiated by a governmental unit, any lien required under s. 91.19 (8) to (10) other than the county, city, village, or town that approves the petition, the payment shall be paid made by the governmental unit initiating the action. If the rezoning occurs solely as a result of action initiated by the county, city, village, or town that approves the petition, that county, city, village, or town shall make the payment to the department.
SECTION 32. 91.78 of the statutes is renumbered 91.78 (1) and amended to read:
91.78 (1) Copies Before the effective date of this subsection .... [revisor inserts date], copies of exclusive agricultural zoning ordinances may be submitted to the board for review and certification under s. 91.06.
SECTION 33. 91.78 (2) of the statutes is created to read:
91.78 (2) Beginning on the effective date of this subsection .... [revisor inserts date], to apply for certification under s. 91.06 for an exclusive agricultural use zoning ordinance or a revision to the ordinance, a county, city, village, or town shall submit all of the following to the department:
(a) A copy of the ordinance or revision to the ordinance.
(b) A description of how the ordinance or revision to the ordinance complies with ss. 91.75 and 91.77.
(c) Other relevant information required by the department by rule.
(d) A statement signed by the chief elected official, as defined in s. 229.821 (3), of, or the attorney for, the county, city, village, or town certifying that the ordinance or revision to the ordinance complies with ss. 91.75 and 91.77.
SECTION 34. 91.79 of the statutes is amended to read:
91.79 Conditional uses; lien payment. Any land zoned under this subchapter which is granted A county, city, village, or town may not grant a special exception or conditional use permit for a use which is not an agricultural use shall be subject to the lien provided under s. 91.19 (8) to (10) for the amount of tax credits paid on the land granted such a permit for land zoned under this subchapter until the landowner pays to the county, city, village, or town $100 per acre of land for which the special exception or conditional use permit is granted.
SECTION 9303. Initial applicability; Agriculture, Trade and Consumer Protection.
(1) FARMLAND PRESERVATION CONVERSION FEES. The treatment of sections 91.17 (1), (2), and (3), 91.19 (2) (intro.), (3), (5), (6t), (7), (7m), and (8) to (13), 91.23, 91.75 (6), 91.77 (2), and 91.79 of the statutes first applies to land that is released or relinquished from a farmland preservation agreement or rezoned from exclusive agricultural zoning on the effective date of this subsection.
SECTION 9403. Effective dates; Agriculture, Trade and Consumer Protection.
(1) FARMLAND PRESERVATION CHANGES. The treatment of sections 71.60 (1) (b) and (c) 3., 5., and 8., 91.13 (8) (fm), 91.17 (1), (2), and (3), 91.19 (2) (intro.), (3), (5), (6p), (6s) (a) 1., (b), (c), and (d), (6t), (7), (7m), and (8) to (13), 91.21 (1), 91.23, 91.59 (title) and (2m), 91.75 (6), 91.77 (2), and 91.79 and subchapter III of chapter 91 of the statutes, the renumbering and amendment of sections 91.06, 91.61, and 91.78 of the statutes, the creation of sections 91.06 (2) and (3), 91.61 (2), and 91.78 (2) of the statutes, and SECTION 9303 (1) of this act take effect on October 1, 2007, or on the day after publication, whichever is later.
(End)
LRB-1466LRB-1466/2
JK:jld:rs
2007 - 2008 LEGISLATURE
DOA:......Hatch, BB0333 - Municipal and county levy restraint incentive and bonus program
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Local government
Under current law, the Expenditure Restraint Program provides an annual state aid payment to any municipality that has a property tax rate greater than five mills and that limits the growth of its municipal budget according to a formula based, generally, on 60 percent of the percentage change in the equalized assessed value of new construction located in the municipality and on the rate of inflation.
This bill eliminates the Expenditure Restraint Program and replaces it with the Municipal Levy Restraint Program. The Municipal Levy Restraint Program provides annual state aid payments, beginning in 2009, to any municipality that has a property tax rate greater than five mills and that limits its property tax levy to an amount that is no greater than the maximum allowable levy according to a formula that is based, generally, on 60 percent of the percentage change in the equalized assessed value of new construction located in the region in which the municipality is located and on the rate of inflation.
