Wisconsin Legislature: 28,1977

(b) A description of the land that would be subject to the proposed agricultural conservation easement, including location, acreage, and current use.

(d) Evidence that all of the owners under par. (c) are willing to convey the proposed agricultural conservation easement.

(e) An indication that the cooperating entity is willing to arrange the purchase of the proposed agricultural conservation easement in accordance with this section and share in the purchase cost, subject to reimbursement under sub. (9) of the department's agreed upon share of the costs.

(f) The purpose of and rationale for the proposed agricultural conservation easement.

(g) Information needed to evaluate the application using the criteria in sub. (4) and in the department's solicitation under sub. (2) (b).

(4) Application evaluation criteria. The department may not approve an application under sub. (3) unless all of the land that would be subject to the proposed agricultural conservation easement is in a farmland preservation area, as defined in s. 91.01 (16), and the department determines that purchase of the proposed agricultural conservation easement will serve a public purpose. In making this determination, the department shall consider all of the following criteria:

(a) The value of the proposed agricultural conservation easement in preserving or enhancing agricultural production capacity in this state.

(b) The importance of the proposed agricultural conservation easement in protecting or enhancing the waters of the state or in protecting or enhancing other public assets.

(c) The extent to which the proposed agricultural conservation easement would conserve important or unique agricultural resources, such as prime soils and soil resources that are of statewide importance or are unique.

(d) The extent to which the proposed agricultural conservation easement would be consistent with local land use plans and zoning ordinances, including any certified farmland preservation plans and zoning ordinances under ch. 91.

(e) The extent to which the proposed agricultural conservation easement would enhance an agricultural enterprise area designated under s. 91.84.

(f) The availability, practicality, and effectiveness of other methods to preserve the land that would be subject to the proposed agricultural conservation easement.

(h) The proximity of the land that would be subject to the proposed agricultural conservation easement to other land that is protected for agricultural use or conservation use and the extent to which the proposed agricultural conservation easement would enhance that protection.

(i) The likely cost-effectiveness of the proposed agricultural conservation easement in preserving land for agricultural use.

(j) The likelihood that the land that would be subject to the proposed agricultural conservation easement would be converted to nonagricultural use if the land is not protected by the proposed agricultural conservation easement.

(k) The apparent willingness of each landowner to convey the proposed agricultural conservation easement.

(5) Preliminary approval of applications. The department may give preliminary approval to an application under sub. (3) after evaluating the application under sub. (4) and consulting with the council under sub. (13). The department shall give its preliminary approval in writing. Approval of an application is contingent on the signing of a contract under sub. (6m).

(6) Information related to proposed easement. A cooperating entity that receives a preliminary approval under sub. (5) shall submit all of the following to the department:

(a) A copy of the proposed instrument for conveying the agricultural conservation easement.

(b) A professional appraisal of the proposed agricultural conservation easement, other than an appraisal obtained by an owner of the land that would be subject to the proposed agricultural conservation easement.

(d) An estimate of the transaction costs that the cooperating entity will incur in connection with the purchase of the proposed agricultural conservation easement.

(e) The record of a complete search of title records that verifies ownership of the land that would be subject to the proposed agricultural conservation easement and identifies any potentially conflicting property interests, including any liens, mortgages, easements, or reservations of mineral rights.

(f) Documentation showing to the satisfaction of the department that any material title defects will be eliminated and any materially conflicting property interests will be subordinated to the proposed agricultural conservation easement or eliminated.

(6d) Second appraisal. The department shall obtain its own independent appraisal of a proposed agricultural conservation easement for which the department has given preliminary approval under sub. (5) if the fair market value of the proposed agricultural conservation easement is estimated by the department to be more than $350,000.

(6h) Review by joint committee on finance. The department may not enter into a contract under sub. (6m) with respect to the purchase of a proposed conservation easement if the department's share of the purchase costs and transaction costs would exceed $750,000 unless it first notifies the joint committee on finance in writing of the proposal. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposal, the department may enter into the contract. If, within 14 working days after the date of the notification by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposal, the department may enter into the contract only upon approval of the committee. A proposal as submitted by the department is approved unless a majority of the members of the committee who attend the meeting to review the proposal vote to modify or deny the proposal.

(6m) Contract with cooperating entity. Subject to subs. (6d) and (6h), after a cooperating entity complies with sub. (6) and the department determines that the proposed instrument of conveyance complies with sub. (7), the department and the cooperating entity may enter into a written contract that specifies the terms and conditions of the department's participation in the purchase of the proposed agricultural conservation easement. The cooperating entity shall agree to pay the full purchase cost and the transaction costs related to the purchase of the proposed agricultural conservation easement, subject to reimbursement under sub. (9) of the department's agreed upon share of the costs.

(7) Purchase of easement. After a cooperating entity has entered into a contract under sub. (6m), the cooperating entity may, in accordance with the contract, purchase the agricultural conservation easement on behalf of the cooperating entity and the department if the agricultural conservation easement does all of the following:

(a) Prohibits the land subject to the agricultural conservation easement from being developed for a use that would make the land unavailable or unsuitable for agricultural use.

(b) Continues in perpetuity.

(c) Provides that the cooperating entity and the department, on behalf of this state, are both holders of the agricultural conservation easement.

(d) Prohibits any holder of the agricultural conservation easement other than the department from transferring or relinquishing the holder's interest without 60 days' prior notice to the department.

(e) Complies with any other conditions specified in the contract under sub. (6m).

(8) Acceptance and recording of easement. A cooperating entity that purchases an agricultural conservation easement under sub. (7) shall submit the agricultural conservation easement to the department for its acceptance. Upon acceptance by the department, the cooperating entity shall promptly record the agricultural conservation easement and acceptance with the register of deeds of the county in which the land subject to the agricultural conservation easement is located and shall provide to the department a copy of the recorded instrument conveying the agricultural conservation easement, certified by the register of deeds under s. 59.43 (1) (i).

(9) Payment. The department shall reimburse a cooperating entity for the department's agreed upon portion of the purchase cost and transaction costs related to the purchase of an agricultural conservation easement after the cooperating entity does all of the following:

(a) Complies with sub. (8).

(b) Submits documentation showing that any material title defects have been eliminated and any materially conflicting property interests have been eliminated or subordinated to the agricultural conservation easement, as required by the contract under sub. (6m).

(c) Submits proof of the amount of the purchase cost and transaction costs that the cooperating entity has paid, consistent with the contract under sub. (6m).

(10) Transfer or relinquishment of holder's interest. The transfer or relinquishment of another holder's interest does not affect the department's interest in an agricultural conservation easement.

(11) Enforcement of easement. The department or any other holder of an agricultural conservation easement purchased under this section may enforce and defend the agricultural conservation easement.

(12) Record of easements. The department shall maintain a record of all agricultural conservation easements purchased under this section.

(13) Council. The department shall appoint a council under s. 15.04 (1) (c) to advise the department on the administration of this section.

(14) Rules. The department shall promulgate a rule, consistent with sub. (1m) (i), relating to allowable transaction costs for the program under this section.

28,1978 Section 1978. 94.38 (3) of the statutes is repealed.

28,1979 Section 1979. 94.38 (4) of the statutes is repealed.

28,1980 Section 1980. 94.38 (4m) of the statutes is repealed.

28,1981 Section 1981. 94.38 (5) of the statutes is repealed.

28,1982 Section 1982. 94.38 (6) of the statutes is repealed.

28,1983 Section 1983. 94.38 (8) of the statutes is amended to read:

94.38 (8) "Labeler" means any person who as grower, processor, jobber, distributor or seller labels seed or accepts responsibility for labeling information pertaining to any container or lot of agricultural seed or vegetable seed and whose name and address is are required by the department by rule to appear on the label under s. 94.39.

28,1984 Section 1984. 94.38 (9) of the statutes is repealed.

28,1985 Section 1985. 94.38 (12) of the statutes is repealed.

28,1986 Section 1986. 94.38 (13) of the statutes is repealed.

28,1987 Section 1987. 94.38 (15) of the statutes is repealed.

28,1988 Section 1988. 94.38 (19) of the statutes is repealed.

28,1989 Section 1989. 94.38 (20) of the statutes is repealed.

28,1990 Section 1990. 94.38 (21) of the statutes is repealed.

28,1991 Section 1991. 94.38 (22) of the statutes is repealed.

28,1992 Section 1992. 94.38 (23) of the statutes is repealed.

28,1993 Section 1993. 94.38 (24) of the statutes is repealed.

28,1994 Section 1994. 94.385 of the statutes is amended to read:

94.385 Seed label locations requirements. (1) Each No person may sell, distribute, or offer or expose for sale in this state a container of agricultural seed or vegetable seed which is sold, distributed or offered or exposed for sale within this state for seeding or sprouting purposes shall bear or have unless the container bears or has attached to it in a conspicuous place a label containing the information specified in s. 94.39 required by the department by rule.

(2) Except as provided under s. 94.43 (2), each no person may sell in this state a bulk lot of agricultural or vegetable seed sold within this state for seeding or sprouting purposes shall include unless the person includes with the invoice or shipping document furnished the purchaser at time of delivery a label containing the information specified in s. 94.39 required by the department by rule.

28,1995 Section 1995. 94.39 of the statutes is repealed.

28,1996 Section 1996. 94.40 (1) of the statutes is repealed.

28,1997 Section 1997. 94.40 (2) of the statutes is amended to read:

94.40 (2) The Wisconsin Crop Improvement Association, a nonprofit organization incorporated under the laws of this state, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall be the seed certifying agency for the certification of agricultural seed and vegetable seed in the state.

28,1998 Section 1998. 94.40 (3) of the statutes is amended to read:

94.40 (3) The Wisconsin Crop Improvement Association, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall establish standards and procedures for the certification of agricultural seed and vegetable seed, subject to approval of the department. Standards and procedures established under this subsection shall comply with rules promulgated by the department and be no less stringent than those prescribed by the association of official seed certifying agencies Association of Official Seed Certifying Agencies.

28,1999 Section 1999. 94.40 (4) of the statutes is created to read:

94.40 (4) The Wisconsin Crop Improvement Association, in cooperation with the University of Wisconsin-Madison College of Agricultural and Life Sciences and the department, shall be the certifying agency for the certification of weed free mulch, hay, and straw, and shall base its certifications on the standards of the North American Weed Management Association.

28,2000 Section 2000. 94.41 (1) (a) of the statutes is amended to read:

94.41 (1) (a) Unless the test to determine the percentage of germination required under s. 94.39 by the department by rule is completed within a 12-month period immediately prior to the date it end of the month in which the seed is sold, distributed or offered or exposed for sale, as shown by records, exclusive of the calendar month in which the test is completed, except that seeds seed packaged in hermetically sealed containers may be sold, distributed or offered or exposed for sale under such any conditions as that the department may prescribe prescribes by rule, for a period of 36 months following the end of the month in which the seeds are seed is tested. No seeds seed in hermetically sealed containers shall may be sold, distributed or offered or exposed for sale beyond such that 36-month period unless it is retested within the preceding 9-month period, exclusive of the calendar month in which the retest is completed. Seed, for which the germination test date has expired, shall be relabeled by a licensed labeler prior to its being sold, distributed or offered or exposed for sale immediately prior to the end of the month in which it is sold, distributed, or offered or exposed for sale and the retested seed is labeled with the extended expiration date.

28,2001 Section 2001. 94.41 (1) (b) of the statutes is amended to read:

94.41 (1) (b) Not labeled in accordance with s. 94.39 rules promulgated by the department, or containing any labeling statements which modify or deny label information required under s. 94.39 rules promulgated by the department, or having any other false or misleading labeling.

28,2002 Section 2002. 94.41 (1) (e) of the statutes is repealed.

28,2003 Section 2003. 94.41 (1) (f) of the statutes is repealed.

28,2004 Section 2004. 94.41 (1) (g) of the statutes is repealed.

28,2005 Section 2005. 94.41 (2) (a) of the statutes is amended to read:

94.41 (2) (a) To detach, alter, deface or destroy any label attached to or accompanying seed, or to alter or substitute seed in a manner which would defeat the purposes of s. 94.39 the rules of the department relating to the labeling of seed or result in the sale or distribution of seed in violation of ss. 94.38 to 94.46 or rules thereunder promulgated under those sections.

28,2006 Section 2006. 94.41 (2) (e) of the statutes is amended to read:

94.41 (2) (e) To use the word "trace" as a substitute for any labeling required under s. 94.39 rules of the department relating to the composition of seeds or seed mixtures.

28,2007 Section 2007. 94.43 (1) of the statutes is amended to read:

94.43 (1) Every person whose name and address are required to appear on the label of any seed as the labeler or person responsible for the labeling thereof of the seed under s. 94.39, or the rules of the department relating to the labeling of seed, and every person who opens any bag or container of seed and sells any part of the seed contained therein, shall obtain a seed labeler's license from the department before selling, distributing or offering or exposing, such the seed for sale in this state.

28,2008 Section 2008. 94.43 (3) (intro.) of the statutes is amended to read:

94.43 (3) (intro.) Application for a seed labeler's license shall be submitted on a form prescribed by the department and shall be accompanied by a fee based on the gross sales of seed within the state by the applicant under his or her own label during the previous 12 months prior to filing the application. Fees for a labeler's license shall be computed on gross sales according to the following schedule, except that the department may specify different fees by rule:

28,2009 Section 2009. 94.43 (3) (b) of the statutes is amended to read:

94.43 (3) (b) For gross sales that are $10,000 or more but less than $25,000 $50,000: $50.