CHAPTER 91
FARMLAND PRESERVATION
SUBCHAPTER I
GENERAL PROVISIONS
91.03 Interdepartmental cooperation.
91.05 Preliminary agricultural areas delineation.
91.07 Rule-making authority.
SUBCHAPTER II
FARMLAND PRESERVATION AGREEMENTS
91.13 Farmland preservation agreements.
91.14 Transition area agreements.
91.15 Exemption from special assessments.
91.17 Change of ownership.
91.19 Relinquishment of agreements.
91.21 Penalty for use change.
SUBCHAPTER III
INITIAL AGREEMENTS
91.35 Agreement provisions.
SUBCHAPTER IV
AGRICULTURAL PRESERVATION PLANNING
91.57 Implementation programs.
SUBCHAPTER V
EXCLUSIVE AGRICULTURAL ZONING
91.75 Ordinance standards.
91.77 Ordinance revisions.
91.79 Conditional uses; lien.
91.80 Soil and water conservation.
GENERAL PROVISIONS
91.01
91.01
Definitions. In this chapter:
91.01(1)
(1) "Agricultural use" means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under
16 USC 3831 to
3836; participating in the milk production termination program under
7 USC 1446 (d); and vegetable raising.
91.01(2)
(2) "Board" means the land and water conservation board.
91.01(3)
(3) "Department" means the department of agriculture, trade and consumer protection.
91.01(4)
(4) "Develop" means change to any use other than agricultural use.
91.01(5)
(5) "Devoted primarily to agricultural use" means under agricultural use for at least 12 consecutive months during the preceding 36-month period.
91.01(6)
(6) "Eligible farmland" means a parcel of 35 or more acres of contiguous land which is devoted primarily to agricultural use, including land designated by the department of natural resources as part of the ice age trail under
s. 23.17, which during the year preceding application for a farmland preservation agreement produced gross farm profits, as defined in
s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding application produced gross farm profits, as defined in
s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres of which at least 35 acres, during part or all of the year preceding application, were enrolled in the conservation reserve program under
16 USC 3831 to
3836.
91.01(7)
(7) "Farmland preservation agreement" or "transition area agreement" means a restrictive covenant, evidenced by an instrument whereby the owner and the state agree to hold jointly the right to develop the land except as may be expressly reserved in the instrument and which contains a covenant running with the land, for a term of years, not to develop except as expressly reserved in the instrument.
91.01(8)
(8) "Local governing body having jurisdiction" means the city council, village board or town board if that body has adopted a certified ordinance under
subch. V; or the county board where such a city, village or town zoning ordinance is not in effect.
91.01(9)
(9) "Owner" means a resident of this state owning land and includes an individual, legal guardian, corporation incorporated in this state, business trust, estate, trust, limited liability company, partnership or association or 2 or more persons having a joint or common interest in the land. However, where land is subject to a land contract, it means the vendor in agreement with the vendee.
91.01(10)
(10) "Use consistent with agricultural use" means any activity that meets all of the following conditions:
91.01(10)(a)
(a) The activity will not convert land that has been devoted primarily to agricultural use.
91.01(10)(b)
(b) The activity will not limit the surrounding land's potential for agricultural use.
91.01(10)(c)
(c) The activity will not conflict with agricultural operations on the land subject to a farmland preservation agreement.
91.01(10)(d)
(d) The activity will not conflict with agricultural operations on other properties.
91.03
91.03
Interdepartmental cooperation. All other departments and agencies of state government shall cooperate with the board and the department in the exchange of information concerning projects and activities, including takings under eminent domain, which might jeopardize the preservation of land contemplated by this chapter. The department shall periodically advise other departments and agencies of state government of the location and description of land upon which there exist farmland preservation agreements or zoning for exclusively agricultural use and the departments and agencies shall administer their planning and projects consistent with the purposes of this chapter.
91.03 History
History: 1977 c. 29.
91.05
91.05
Preliminary agricultural areas delineation. 91.05(1)(1) For the purpose of assisting local units of government to preserve agricultural lands, the department and the department of commerce, under standards prepared by the board, and in connection with other state agencies, counties and county land conservation committees shall prepare or cause to be prepared, maps that locate lands in the state which should be considered for preservation because of their agricultural significance.
91.05(2)
(2) Maps shall be prepared first for those portions of the state where the need for agricultural preservation is of the highest priority. Priority shall be based upon the degree of threat of agricultural alteration, loss to other usages, agricultural quality and agricultural importance.
91.05(3)
(3) Agricultural maps shall be prepared utilizing the best practicable method and shall be based upon data such as soil surveys, aerial photography interpretation, existing agricultural zoning and surveys and may be supplemented by on-site surveys and other studies.
91.06
91.06
Certification. The board shall review farmland preservation plans and exclusive agricultural use zoning ordinances submitted to it under
ss. 91.61 and
91.78 and shall certify to the appropriate zoning authority whether the plans and ordinances meet the standards of
subchs. IV and
V, respectively. Certifications may be in whole or in part.
91.06 History
History: 1977 c. 29.
91.06 Annotation
The board may prospectively revoke a certification if notice and opportunity to be heard are given to the local zoning authority and landowners.
74 Atty. Gen. 78.
91.07
91.07
Rule-making authority. 91.07(1)
(1) The department shall promulgate rules to implement this chapter, except those provisions relating to the powers and duties of the board.
91.07(2)
(2) The board shall promulgate rules to implement its powers and duties under this chapter.
91.07 History
History: 1991 a. 286.
FARMLAND PRESERVATION AGREEMENTS
91.11(1)(1) An owner may apply for a farmland preservation agreement under this subchapter if:
91.11(1)(a)
(a) The county in which the land is located has a certified agricultural preservation plan in effect; or
