Upon completion of county agricultural preservation plans described in this subchapter, copies of the plan may be submitted to the board for review and certification under s. 91.06
History: 1977 c. 29
Counties shall continually review and evaluate the agricultural preservation plan in light of changing needs and conditions and shall provide for periodic revision of the agricultural preservation plan set forth in this subchapter. Revisions shall be made in the same manner as adoption of the plan.
History: 1977 c. 29
EXCLUSIVE AGRICULTURAL ZONING
The purpose of this subchapter is to specify the minimum requirements for zoning ordinances designating certain lands for exclusively agricultural use, allowing the owners of such lands to claim the farmland preservation credit permitted under subch. IX of ch. 71
History: 1977 c. 29
; 1987 a. 312
Exclusive agricultural zoning ordinances shall be consistent with county agricultural preservation plans established under subch. IV
A majority of towns in a county with a population density of 100 or more persons per square mile may reject adoption of a county exclusive agricultural use zoning ordinance under this subchapter for all towns within the county only by filing within 6 months after adoption of the ordinance by the county board certified copies of resolutions disapproving the ordinance with the county clerk. Notwithstanding s. 59.69 (5) (c)
, the procedure established in this subsection shall be the only procedure by which a town in such a county may reject the application of a county exclusive agricultural use zoning ordinance in that town.
Amendments to the texts of existing county zoning ordinances to bring the ordinances into compliance with this chapter, which are adopted by the county board, shall be effective in any town which does not file a certified copy of a resolution disapproving of the amendment pursuant to s. 59.69 (5) (e) 3.
In those towns which disapprove of the amendment the former agricultural zoning remains in effect and shall be so designated on the official zoning map.
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:
A minimum lot size is specified.
"Owner", as defined in s. 91.01 (9)
, also includes a partner in a partnership, a member in a limited liability company and a shareholder in a corporation.
"Preexisting residence" means a residence whose initial construction begins before May 14, 1992.
Except as provided in par. (c)
, the only residences, whether preexisting residences or not, that are allowed as permitted or conditional uses are those that have a use consistent with agricultural use and that are occupied by any of the following:
A person who, or a family at least one adult member of which, earns the majority of his or her gross income from conducting the farm operations on the parcel.
A parent or child of an owner who conducts the majority of the farm operations on the parcel.
A parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations on the parcel.
Preexisting residences located in areas subject to zoning under this section that do not conform to par. (b)
, but that were either permitted or continued residential uses under s. 91.75
, 1989 stats., may be continued in residential use and may be exempted from any limitations imposed or authorized under s. 59.69 (10)
No structure or improvement may be built on the land unless consistent with agricultural uses.
Such ordinances shall be considered local ordinances for purposes of s. 196.491 (3) (i)
and (4) (c) 3.
and shall provide that gas and electric utility uses not requiring authorization under s. 196.491 (3)
are special exceptions or permitted or conditional uses and are uses that are consistent with agricultural use.
Special exceptions and conditional uses are limited to those agricultural-related, religious, other utility, institutional or governmental uses that are consistent with agricultural use and are found to be necessary in light of the alternative locations available for such uses. The department shall be notified of the approval of any special exceptions and conditional uses in areas zoned for exclusive agricultural use.
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)
, as required in s. 91.77 (2)
A structure or improvement made as an incident to a lease for oil and natural gas exploration and extraction, and an easement granted for the purpose of using land as, or land used as, part of the ice age trail under ss. 23.17
and structures and improvements made as an incident to that use or those easements, is consistent with agricultural uses under sub. (3)
and may be permitted as a special exception or conditional use under sub. (5)
In this subsection, "farm family business" means any lawful activity, except a farm operation, conducted primarily for any of the following:
The purchase, sale, lease or rental of personal or real property.
The manufacture, processing or marketing of products, commodities or any other personal property.
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 persons who are not members of the resident farm family may be employed in the farm family business.
In this subsection, "locally approved reclamation plan" means any of the following:
A reclamation plan, submitted as required by a nonmetallic mining reclamation ordinance adopted under s. 66.038
, 1995 stats., or s. 295.13
, that fulfills reclamation standards established by the ordinance.
If no nonmetallic mining reclamation ordinance applies to a proposed nonmetallic mining site, a reclamation plan that is approved by a county planning and zoning agency or commission created under s. 59.69 (2)
or a county land conservation committee created under s. 92.06
, whichever is authorized to give the approval under the exclusive agricultural zoning ordinance.
Nonmetallic mineral extraction, including clay and gravel extraction, may be permitted as a special exception or conditional use under sub. (5)
if it is subject to a locally approved reclamation plan that is submitted by the mine operator or person proposing to perform the nonmetallic mineral extraction to the local governing body having jurisdiction and that provides for the restoration of the nonmetallic mineral extraction site to agricultural use.
See also s. NR 135.03
, Wis. adm. code.
"Governmental use," as used in an exclusive agricultural zoning ordinance, was interpreted to mean any service, function, or facility that a governmental unit is authorized by statute to provide. A radio tower licensed to the University Board of Regents for the operation of a student radio station was a governmental use. Board of Regents of the University of Wisconsin v. Dane County Board of Adjustment, 2000 WI App 211, 238 Wis. 2d 810
, 618 N.W.2d 537
Community living arrangements may be entitled to locate in exclusive agricultural zoning districts under some circumstances. 76 Atty. Gen. 126
Ordinance revisions. 91.77(1)(1)
A county, city, village or town may approve petitions for rezoning areas zoned for exclusive agricultural use only after findings are made based upon consideration of the following:
Adequate public facilities to accommodate development either exist or will be provided within a reasonable time.
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.
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.
Land which is rezoned under this section shall be subject to the lien provided under s. 91.19 (8)
for the amount of tax credits paid on the land rezoned. If the rezoning occurs solely as a result of action initiated by a governmental unit, any lien required under s. 91.19 (8)
shall be paid by the governmental unit initiating the action.
The department shall be notified of all rezonings under this section.
History: 1977 c. 29
; 1983 a. 311
Copies of exclusive agricultural zoning ordinances may be submitted to the board for review and certification under s. 91.06
History: 1977 c. 29
Conditional uses; lien.
Any land zoned under this subchapter which is granted 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)
for the amount of tax credits paid on the land granted such a permit.
History: 1977 c. 169
Soil and water conservation. 91.80(1)
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)
be farmed in compliance with reasonable soil and water conservation standards established by the county land conservation committee.
(2) Compliance with standards.
In order to be eligible for the farmland preservation credit, farming operations shall be conducted in compliance with reasonable soil and water conservation standards established under s. 92.105
. This subsection applies as provided under s. 92.105 (7)