AB75-SSA1,1107,1110
(b) The department may decline to enter into a farmland preservation
11agreement for any of the following reasons:
AB75-SSA1,1107,1212
1. The application is incomplete.
AB75-SSA1,1107,1313
2. The land is not eligible land under s. 91.60 (2).
AB75-SSA1,1107,16
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:
AB75-SSA1,1107,1817
(a) All of the owners of land covered by the farmland preservation agreement
18consent to the termination or release, in writing.
AB75-SSA1,1107,2019
(b) The department finds that the termination or release will not impair or limit
20agricultural use of other protected farmland.
AB75-SSA1,1108,221
(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).
AB75-SSA1,1108,4
3(1m) All conversion fees received under sub. (1) (c) shall be deposited in the
4working lands fund.
AB75-SSA1,1108,8
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.
AB75-SSA1,1108,10
991.68 Violations of farmland preservation agreements. (1) The
10department may bring an action in circuit court to do any of the following:
AB75-SSA1,1108,1111
(a) Enforce a farmland preservation agreement.
AB75-SSA1,1108,1312
(b) Restrain, by temporary or permanent injunction, a change in land use that
13violates a farmland preservation agreement.
AB75-SSA1,1108,1514
(c) Seek a civil forfeiture for a change in land use that violates a farmland
15preservation agreement.
AB75-SSA1,1108,17
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.
AB75-SSA1,1108,22
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.
AB75-SSA1,1108,25
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).
AB75-SSA1,1109,3
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).
AB75-SSA1,1109,54
Subchapter V
5
Soil and water conservation
AB75-SSA1,1109,9
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).
AB75-SSA1,1109,11
1091.82 Compliance monitoring. (1) County responsibility. (a) A county
11land conservation committee shall monitor compliance with s. 91.80.
AB75-SSA1,1109,1412
(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.
AB75-SSA1,1109,1615
(c) For the purpose of par (a), a county land conservation committee may do any
16of the following:
AB75-SSA1,1109,1817
1. Inspect land that is covered by a farmland preservation agreement or
18farmland preservation zoning and that is in agricultural use.
AB75-SSA1,1109,2019
2. Require an owner to certify, not more than annually, that the owner complies
20with s. 91.80.
AB75-SSA1,1109,2221
(d) At least once every 4 years, the department shall review each county land
22conservation committee's compliance with par. (b).
AB75-SSA1,1109,25
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:
AB75-SSA1,1109,26
11. Failed to comply with s. 91.80.
AB75-SSA1,1110,22
2. Failed to permit a reasonable inspection under sub. (1) (c) 1.
AB75-SSA1,1110,33
3. Failed to certify compliance as required under sub. (1) (c) 2.
AB75-SSA1,1110,54
(b) A county land conservation committee shall provide to the department of
5revenue a copy of each notice of noncompliance issued under par. (a).
AB75-SSA1,1110,96
(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.
AB75-SSA1,1110,11
10(3) Procedure. The department may promulgate rules prescribing procedures
11for the administration of this section by land conservation committees.
AB75-SSA1,1110,1312
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.
AB75-SSA1,1110,1817
2. The department may by rule modify or terminate the designation of an
18agricultural enterprise area.
AB75-SSA1,1110,2019
(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.
AB75-SSA1,1110,2321
(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.
AB75-SSA1,1110,2524
(e) The department may not designate an area as an agricultural enterprise
25area unless all of the following apply:
AB75-SSA1,1111,2
11. The department receives a petition requesting the designation and the
2petition complies with s. 91.86.
AB75-SSA1,1111,53
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.
AB75-SSA1,1111,76
4. The area is located entirely in a farmland preservation area identified in a
7certified farmland preservation plan.
AB75-SSA1,1111,88
5. The land in the area is primarily in agricultural use.
AB75-SSA1,1111,109
(f) In designating agricultural areas under this subsection, the department
10shall give preference to areas that include at least 1,000 acres of land.
AB75-SSA1,1111,19
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.
AB75-SSA1,1112,2
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.
AB75-SSA1,1112,6
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.
AB75-SSA1,1112,10
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.
AB75-SSA1,1112,16
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.
AB75-SSA1,1112,19
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:
AB75-SSA1,1112,2120
1. Each political subdivision in which any part of the proposed agricultural
21enterprise area is located.
AB75-SSA1,1112,2222
2. Owners of at least 5 eligible farms located in the area.
AB75-SSA1,1112,2523
(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.
AB75-SSA1,1113,3
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:
AB75-SSA1,1113,44
1. The correct legal name and principal address of each petitioner.
AB75-SSA1,1113,65
2. A summary of the petition that includes the purpose and rationale for the
6petition.
AB75-SSA1,1113,97
3. A map that clearly shows the boundaries of the proposed agricultural
8enterprise area so that a reader can easily determine whether a parcel of land is
9located within the proposed area.
AB75-SSA1,1113,1110
4. Information showing that the proposed agricultural enterprise area meets
11the requirements under s. 91.84 (1) (e).
AB75-SSA1,1113,1512
5. A clear description of current land uses in the proposed agricultural
13enterprise area, including current agricultural uses, agriculture-related uses,
14transportation, utility, energy, and communication uses, and undeveloped natural
15resource and open space uses.
AB75-SSA1,1113,1916
6. A clear description of the agricultural land use and development goals for
17the proposed agricultural enterprise area, including proposed agricultural uses,
18agriculture-related uses, and relevant transportation, utility, energy, and
19communication uses.
AB75-SSA1,1113,2220
7. A plan for achieving the goals under subd. 6., including any planned
21investments, grants, development incentives, cooperative agreements, land or
22easement purchases, land donations, and promotion and public outreach activities.
AB75-SSA1,1113,2423
8. A description of any current or proposed land use controls in the proposed
24agricultural enterprise area, including farmland preservation agreements.
AB75-SSA1,1114,3
1(b) Petitioners under sub. (2) may include in the petition the names and
2addresses of other persons who propose to cooperate in achieving the goals under par.
3(a) 6.
AB75-SSA1,1114,115
92.05
(3) (L)
Technical assistance; performance standards. The department
6shall provide technical assistance to county land conservation committees and local
7units of government for the development of ordinances that implement standards
8adopted under s. 92.07 (2),
92.105 (1), 92.15 (2) or (3) or 281.16 (3). The department's
9technical assistance shall include preparing model ordinances, providing data
10concerning the standards and reviewing draft ordinances to determine whether the
11draft ordinances comply with applicable statutes and rules.
AB75-SSA1,1114,1713
92.07
(15) Administration and enforcement of ordinances. A land
14conservation committee may, if authorized by the county board, administer and
15enforce those provisions of an ordinance enacted under s. 101.65 (1) (a) related to
16construction site erosion, a zoning ordinance enacted under s. 59.693 or an ordinance
17enacted under authority granted under s.
101.1205
281.33 (3m).
AB75-SSA1,1114,2422
92.14
(2) (e) Promoting
compliance with the requirements under ss. 92.104 and
2392.105 soil and water conservation by persons claiming
a farmland preservation
24credit tax credits under subch. IX of ch. 71.
AB75-SSA1,1115,9
192.14
(3) Basic allocations to counties. (intro.) To help counties fund their
2land and water conservation activities, the department shall award an annual grant
3from the appropriation under s. 20.115 (7) (c)
, (qe), or
(qd) (qf) or s. 20.866 (2) (we)
4to any county land conservation committee that has a land and water resource
5management plan approved by the department under s. 92.10 (4) (d), and that, by
6county board action, has resolved to provide any matching funds required under sub.
7(5g). The county may use the grant for land and water resource management
8planning and for any of the following purposes, consistent with the approved land
9and water resource management plan:
AB75-SSA1,1115,1311
92.14
(3) (a) 1. Compliance with
soil and water conservation requirements
12under ss. 92.104 and 92.105 by applicable to persons claiming
a farmland
13preservation
credit tax credits under subch. IX of ch. 71.
AB75-SSA1,1115,1815
92.14
(3) (d) Implementing land and water resource management projects
16undertaken to comply with
the soil and water conservation requirements
under ss.
1792.104 and 92.105 by applicable to persons claiming
a farmland preservation
credit 18tax credits under subch. IX of ch. 71.
AB75-SSA1,1115,2320
93.06
(10m) Farmland preservation collections. Enter into contracts to
21collect amounts owed to the state under ch. 91
, 2007 stats., as the result of the
22relinquishment of, or the release of land from, a farmland preservation agreement
23or as the result of the rezoning of land zoned for exclusive agricultural use.
AB75-SSA1,1116,10
193.20
(2) Enforcement costs order. If a court imposes costs under s. 814.04
2or 973.06 against a defendant in an action, the court may order that defendant to
pay 3to reimburse the department
any of the for reasonable, documented enforcement
4costs
specified under sub. (3) that incurred by the department
has incurred to
5prepare and prosecute that action. The prosecutor shall present evidence of the
6enforcement costs and the defendant shall be given an opportunity to refute that
7evidence. If any cost that a court orders a defendant to pay under this section may
8also be recovered by the department under s. 814.04 or 973.06, the department may
9recover that cost only under this section, but that cost is not limited to the amounts
10specified in s. 814.04 or 973.06.
AB75-SSA1,1116,1614
93.23
(1) State aid to county fairs and agricultural societies. (intro.) State
15aid appropriated by s. 20.115 (4) (b)
and (t) to counties and agricultural societies,
16associations or boards shall be paid subject to the following conditions:
AB75-SSA1, s. 1973f
17Section 1973f. 93.23 (1) (intro.) of the statutes, as affected by 2009 Wisconsin
18Act .... (this act), is amended to read:
AB75-SSA1,1116,2119
93.23
(1) State aid to county fairs and agricultural societies. (intro.) State
20aid appropriated by s. 20.115 (4) (b)
and (t) to counties and agricultural societies,
21associations or boards shall be paid subject to the following conditions:
AB75-SSA1, s. 1973i
22Section 1973i. 93.23 (1) (a) 1. (intro.) of the statutes is amended to read:
AB75-SSA1,1117,523
93.23
(1) (a) 1. (intro.) To each county, and any organized agricultural society,
24association, or board in the state that complies with the requirements of this section,
2595 percent of the first $8,000 paid in net premiums and 70 percent of all net
1premiums paid in excess of $8,000 at its annual fair upon livestock, articles of
2production, educational exhibits, agricultural implements and tools, domestic
3manufactures, mechanical implements, and productions, but not more than $10,000
4per fair, subject
to equitable prorating if the total amount due exceeds the amount
5available and to all of the following: