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2391.60 Farmland preservation agreements; general. (1) Agreements
24authorized. The department may enter into a farmland preservation agreement
25that complies with s. 91.62 with the owner of land that is eligible under sub. (2).
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1(2) Eligible land. Land is eligible if all of the following apply:
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(a) The land is operated as part of a farm that produced at least $6,000 in gross
3farm revenues during the taxable year preceding the year in which the owner applies
4for a farmland preservation agreement or a total of at least $18,000 in gross farm
5revenues during the last 3 taxable years preceding the year in which the owner
6applies for a farmland preservation agreement.
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(b) The land is located in a farmland preservation area identified in a certified
8farmland preservation plan.
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(c) The land is in an agricultural enterprise area designated under s. 91.84.
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10(3) Prior agreements. (a) Except as provided in par. (c) or s. 91.66, a farmland
11preservation agreement entered into before the effective date of this paragraph ....
12[LRB inserts date], remains in effect for the term specified in the agreement and
13under the terms that were agreed upon when the agreement was last created,
14extended, or renewed.
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(b) The department may not extend or renew a farmland preservation
16agreement entered into before the effective date of this paragraph .... [LRB inserts
17date].
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(c) The department and an owner of land who entered into a farmland
19preservation agreement before the effective date of this paragraph .... [LRB inserts
20date], may agree to modify the farmland preservation agreement in order to allow
21the owner to claim the tax credit under s. 71.613 rather than the tax credit for which
22the owner would otherwise be eligible.
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2391.62 Farmland preservation agreements; requirements. (1) Contents. 24The department may not enter into a farmland preservation agreement unless the
25agreement does all of the following:
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1(a) Specifies a term of at least 15 years.
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(b) Includes a correct legal description of the tract of land covered by the
3farmland preservation agreement.
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(c) Includes provisions that restrict the tract of land to the following uses:
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1. Agricultural uses and accessory uses.
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2. Undeveloped natural resource and open space uses.
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7(2) Form. The department shall specify a form for farmland preservation
8agreements that complies with s. 59.43 (2m).
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9(3) Effectiveness. A farmland preservation agreement takes effect when it is
10signed by all owners of the land covered by the farmland preservation agreement and
11by the department.
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12(4) Recording. The department shall provide a copy of a signed farmland
13preservation agreement to a person designated by the signing owners and shall
14promptly present the signed agreement to the register of deeds for the county in
15which the land is located for recording.
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16(5) Change of ownership. A farmland preservation agreement is binding on
17a person who purchases land during the term of a farmland preservation agreement
18that covers the land.
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1991.64 Applying for a farmland preservation agreement. (1) Submitting
20an application. An owner who wishes to enter into a farmland preservation
21agreement shall submit an application, on a form provided by the department, to the
22county clerk of the county in which the land is located.
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23(2) Contents of application. A person submitting an application under sub.
24(1) shall include all of the following in the application:
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1(a) The name and address of each person who has an ownership interest in the
2land proposed for coverage by the agreement.
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(b) The location of the land proposed for coverage, indicated by street address,
4global positioning system coordinates, or township, range, and section.
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(c) The legal description of the land proposed for coverage.
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(d) A map or aerial photograph of the land proposed for coverage, showing
7parcel boundaries, residences and other structures, and significant natural features.
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(e) Information showing that the land proposed for coverage is eligible under
9s. 91.60 (2).
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(f) A description of every existing mortgage, easement, and lien, other than
11liens on growing crops, on land proposed for coverage, including the name and
12address of the person holding the lien, mortgage, or easement.
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(g) A signed agreement from each person required to be identified under par.
14(f) subordinating the person's lien, mortgage, or easement to the agreement.
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(h) Any other information required by the department by rule.
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(i) Any fee under sub. (2m).
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17(2m) County processing fee. A county may charge a reasonable fee for
18processing an application for a farmland preservation agreement.
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19(3) County review. (a) A county shall review an application under sub. (2) to
20determine whether the land proposed for coverage meets the requirements under s.
2191.60 (2) (b) and (c). The county shall provide its findings to the applicant in writing
22within 60 days after the day on which the county clerk receives a complete
23application.
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(b) If the county finds under par. (a) that the land proposed for coverage meets
25the requirements under s. 91.60 (2) (b) and (c), the county shall promptly send all of
1the following to the department, along with any other comments that the county
2chooses to provide:
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1. The original application, including all of the information provided with the
4application.
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2. A copy of the county's findings.
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6(4) Department action on application. (a) The department may prepare a
7farmland preservation agreement that complies with s. 91.62 and enter into the
8farmland preservation agreement under s. 91.60 (1) based on a complete application
9and on county findings under sub. (3) (b).
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(b) The department may decline to enter into a farmland preservation
11agreement for any of the following reasons:
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1. The application is incomplete.
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2. The land is not eligible land under s. 91.60 (2).
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1491.66 Terminating a farmland preservation agreement. (1) The
15department may terminate a farmland preservation agreement or release land from
16a farmland preservation agreement at any time if all of the following apply:
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(a) All of the owners of land covered by the farmland preservation agreement
18consent to the termination or release, in writing.
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(b) The department finds that the termination or release will not impair or limit
20agricultural use of other protected farmland.
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(c) The owners of the land pay to the department, for each acre or portion
22thereof released from the farmland preservation agreement, a conversion fee equal
23to 3 times the per acre value, for the year in which the farmland preservation
24agreement is terminated or the land is released, of the highest value category of
1tillable cropland in the city, village, or town in which the land is located, as specified
2by the department of revenue under s. 73.03 (2a).
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3(1m) All conversion fees received under sub. (1) (c) shall be deposited in the
4working lands fund.
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5(2) The department shall provide a copy of its decision to terminate a farmland
6preservation agreement or release land from a farmland preservation agreement to
7a person designated by the owners of the land and shall present a copy of the decision
8to the register of deeds for the county in which the land is located for recording.
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991.68 Violations of farmland preservation agreements. (1) The
10department may bring an action in circuit court to do any of the following:
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(a) Enforce a farmland preservation agreement.
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(b) Restrain, by temporary or permanent injunction, a change in land use that
13violates a farmland preservation agreement.
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(c) Seek a civil forfeiture for a change in land use that violates a farmland
15preservation agreement.
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16(2) A forfeiture under sub. (1) (c) may not exceed twice the fair market value
17of the land covered by the agreement at the time of the violation.
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1891.70 Farmland preservation agreements; exemption from special
19assessments. (1) Except as provided in sub. (3), no political subdivision, special
20purpose district, or other local governmental entity may levy a special assessment
21for sanitary sewers or water against land in agricultural use, if the land is covered
22by a farmland preservation agreement.
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23(2) A political subdivision, special purpose district or other local governmental
24entity may deny the use of improvements for which the special assessment is levied
25to land that is exempt from the assessment under sub. (1).
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1(3) The exemption under sub. (1) does not apply to an assessment that an owner
2voluntarily pays, after the assessing authority provides notice of the exemption
3under sub. (1).
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Subchapter V
5
Soil and water conservation
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691.80 Soil and water conservation by persons claiming tax credits. An
7owner claiming farmland preservation tax credits under s. 71.613 shall comply with
8applicable land and water conservation standards promulgated by the department
9under ss. 92.05 (3) (c) and (k), 92.14 (8), and 281.16 (3) (b) and (c).
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1091.82 Compliance monitoring. (1) County responsibility. (a) A county
11land conservation committee shall monitor compliance with s. 91.80.
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(b) For the purpose of par. (a), a county land conservation committee shall
13inspect each farm for which the owner claims farmland preservation tax credits
14under subch. IX of ch. 71 at least once every 4 years.
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(c) For the purpose of par (a), a county land conservation committee may do any
16of the following:
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1. Inspect land that is covered by a farmland preservation agreement or
18farmland preservation zoning and that is in agricultural use.
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2. Require an owner to certify, not more than annually, that the owner complies
20with s. 91.80.
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(d) At least once every 4 years, the department shall review each county land
22conservation committee's compliance with par. (b).
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23(2) Notice of noncompliance. (a) A county land conservation committee shall
24issue a written notice of noncompliance to an owner if the committee finds that the
25owner has done any of the following:
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11. Failed to comply with s. 91.80.
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2. Failed to permit a reasonable inspection under sub. (1) (c) 1.
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3. Failed to certify compliance as required under sub. (1) (c) 2.
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(b) A county land conservation committee shall provide to the department of
5revenue a copy of each notice of noncompliance issued under par. (a).
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(c) If a county land conservation committee determines that an owner has
7corrected the failure described in a notice of noncompliance under par. (a), it shall
8withdraw the notice of noncompliance and notify the owner and the department of
9revenue of the withdrawal.
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10(3) Procedure. The department may promulgate rules prescribing procedures
11for the administration of this section by land conservation committees.
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Subchapter VI
13
Agricultural enterprise areas
AB75-SSA1,1110,16
1491.84 Agricultural enterprise areas; general. (1) Designation. (a) 1. The
15department may by rule designate agricultural enterprise areas targeted for
16agricultural preservation and development.
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2. The department may by rule modify or terminate the designation of an
18agricultural enterprise area.
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(b) Subject to par. (c), the department may designate agricultural enterprise
20areas with a combined area of not more than 1,000,000 acres of land.
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(c) Before January 1, 2012, the department may designate not more than 15
22agricultural enterprise areas with a combined area of not more than 200,000 acres
23of land.
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(e) The department may not designate an area as an agricultural enterprise
25area unless all of the following apply:
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11. The department receives a petition requesting the designation and the
2petition complies with s. 91.86.
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3. The parcels in the area are contiguous. Parcels that are only separated by
4a lake, stream, or transportation or utility right-of-way are contiguous for the
5purposes of this subdivision.
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4. The area is located entirely in a farmland preservation area identified in a
7certified farmland preservation plan.
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5. The land in the area is primarily in agricultural use.
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(f) In designating agricultural areas under this subsection, the department
10shall give preference to areas that include at least 1,000 acres of land.
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11(2) Emergency rules. The department may use the procedure under s. 227.24
12to promulgate a rule designating an agricultural preservation area or modifying or
13terminating the designation of an agricultural preservation area. Notwithstanding
14s. 227.24 (1) (c) and (2), a rule promulgated under this subsection remains in effect
15until the department modifies or repeals the rule. Notwithstanding s. 227.24 (1) (a)
16and (3), the department is not required to determine that promulgating a rule under
17this subsection as an emergency rule is necessary for the preservation of the public
18peace, health, safety, or welfare and is not required to provide a finding of emergency
19for a rule promulgated under this subsection.
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20(3) Effect of designation. The designation of an area under sub. (1) allows
21owners of eligible land within the area to enter into farmland preservation
22agreements with the department. If the department modifies or terminates the
23designation of an area under sub. (1) and that modification or termination results in
24land covered by a farmland preservation agreement no longer being located in a
25designated area, the farmland preservation agreement remains in effect for the
1remainder of its term, but the department may not extend or renew the farmland
2preservation agreement.
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3(4) Map. In a rule designating an agricultural enterprise area, the department
4shall include a map that clearly shows the boundaries of the proposed agricultural
5enterprise area so that a reader can easily determine whether a parcel of land is
6located within the agricultural enterprise area.
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7(5) Effective date of designation. The designation of an agricultural
8enterprise area takes effect on January 1 of the calendar year following the year in
9which the rule designating the area is published, unless the rule specifies a later
10effective date.
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1191.86 Agricultural enterprise area; petition. (1) Definition. In this
12section, "eligible farm" means a farm that produced at least $6,000 in gross farm
13revenues during the taxable year preceding the year in which a petition is filed
14requesting the department to designate an area in which the farm is located as an
15agricultural enterprise area or a total of at least $18,000 in gross farm revenues
16during the 3 taxable years preceding the year in which a petition is filed.
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17(2) Petitioners. (a) The department may consider a petition requesting that
18it designate an area as an agricultural enterprise area if all of the following jointly
19file the petition:
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1. Each political subdivision in which any part of the proposed agricultural
21enterprise area is located.
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2. Owners of at least 5 eligible farms located in the area.
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(b) Each petitioner under par. (a) who is an individual shall sign the petition.
24For a petitioner that is not an individual, an authorized officer or representative
25shall sign the petition.
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1(3) Contents of petition. (a) The department may not approve a petition
2requesting that it designate an area as an agricultural enterprising area unless the
3petition contains all of the following:
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1. The correct legal name and principal address of each petitioner.