AB75: Bill Text

AB75,1129,2 (3) Procedure. The department may promulgate rules prescribing procedures for the administration of this section by land conservation committees.

AB75,1129,4 Subchapter VI Agricultural enterprise areas

AB75,1129,7 91.84 Agricultural enterprise areas; general. (1) Designation. (a) 1. The department may by rule designate agricultural enterprise areas targeted for agricultural preservation and development.

AB75,1129,9 2. The department may by rule modify or terminate the designation of an agricultural enterprise area.

AB75,1129,11 (b) Subject to par. (c), the department may designate agricultural enterprise areas with a combined area of not more than 1,000,000 acres of land.

AB75,1129,14 (c) Before January 1, 2012, the department may designate not more than 10 agricultural enterprise areas with a combined area of not more than 200,000 acres of land.

AB75,1129,16 (e) The department may not designate an area as an agricultural enterprise area unless all of the following apply:

AB75,1129,18 1. The department receives a petition requesting the designation and the petition complies with s. 91.86.

AB75,1129,21 3. The parcels in the area are contiguous. Parcels that are only separated by a lake, stream, or transportation or utility right-of-way are contiguous for the purposes of this subdivision.

AB75,1129,23 4. The area is located entirely in a farmland preservation area identified in a certified farmland preservation plan.

AB75,1129,24 5. The land in the area is primarily in agricultural use.

AB75,1130,2 (f) In designating agricultural areas under this subsection, the department shall give preference to areas that include at least 1,000 acres of land.

AB75,1130,11 (2) Emergency rules. The department may use the procedure under s. 227.24 to promulgate a rule designating an agricultural preservation area or modifying or terminating the designation of an agricultural preservation area. Notwithstanding s. 227.24 (1) (c) and (2), a rule promulgated under this subsection remains in effect until the department modifies or repeals the rule. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to determine that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB75,1130,19 (3) Effect of designation. The designation of an area under sub. (1) allows owners of eligible land within the area to enter into farmland preservation agreements with the department. If the department modifies or terminates the designation of an area under sub. (1) and that modification or termination results in land covered by a farmland preservation agreement no longer being located in a designated area, the farmland preservation agreement remains in effect for the remainder of its term, but the department may not extend or renew the farmland preservation agreement.

AB75,1130,23 (4) Map. In a rule designating an agricultural enterprise area, the department shall include a map that clearly shows the boundaries of the proposed agricultural enterprise area so that a reader can easily determine whether a parcel of land is located within the agricultural enterprise area.

AB75,1131,2 (5) Effective date of designation. The designation of an agricultural enterprise area takes effect on January 1 of the calendar year following the year in which the rule designating the area is published, unless the rule specifies a later effective date.

AB75,1131,8 91.86 Agricultural enterprise area; petition. (1) Definition. In this section, "eligible farm" means a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which a petition is filed requesting the department to designate an area in which the farm is located as an agricultural enterprise area or a total of at least $18,000 in gross farm revenues during the 3 taxable years preceding the year in which a petition is filed.

AB75,1131,11 (2) Petitioners. (a) The department may consider a petition requesting that it designate an area as an agricultural enterprise area if all of the following jointly file the petition:

AB75,1131,13 1. Each political subdivision in which any part of the proposed agricultural enterprise area is located.

AB75,1131,14 2. Owners of at least 5 eligible farms located in the area.

AB75,1131,17 (b) Each petitioner under par. (a) who is an individual shall sign the petition. For a petitioner that is not an individual, an authorized officer or representative shall sign the petition.

AB75,1131,20 (3) Contents of petition. (a) The department may not approve a petition requesting that it designate an area as an agricultural enterprising area unless the petition contains all of the following:

AB75,1131,21 1. The correct legal name and principal address of each petitioner.

AB75,1131,23 2. A summary of the petition that includes the purpose and rationale for the petition.

AB75,1132,3 3. A map that clearly shows the boundaries of the proposed agricultural enterprise area so that a reader can easily determine whether a parcel of land is located within the proposed area.

AB75,1132,5 4. Information showing that the proposed agricultural enterprise area meets the requirements under s. 91.84 (1) (e).

AB75,1132,9 5. A clear description of current land uses in the proposed agricultural enterprise area, including current agricultural uses, agriculture-related uses, transportation, utility, energy, and communication uses, and undeveloped natural resource and open space uses.

AB75,1132,13 6. A clear description of the agricultural land use and development goals for the proposed agricultural enterprise area, including proposed agricultural uses, agriculture-related uses, and relevant transportation, utility, energy, and communication uses.

AB75,1132,16 7. A plan for achieving the goals under subd. 6., including any planned investments, grants, development incentives, cooperative agreements, land or easement purchases, land donations, and promotion and public outreach activities.

AB75,1132,18 8. A description of any current or proposed land use controls in the proposed agricultural enterprise area, including farmland preservation agreements.

AB75,1132,21 (b) Petitioners under sub. (2) may include in the petition the names and addresses of other persons who propose to cooperate in achieving the goals under par. (a) 6.

AB75, s. 1948 Section 1948. 92.03 (2) of the statutes is repealed.

AB75, s. 1949 Section 1949. 92.04 of the statutes is repealed.

AB75, s. 1950 Section 1950. 92.045 of the statutes is created to read:

AB75,1133,3 92.045 Land and water resource council. The land and water resource council shall advise the department of agriculture, trade and consumer protection and the department of natural resources on all of the following:

AB75,1133,5 (1) The implementation of this chapter and ch. 281, including on the joint annual grant allocation plan under ss. 92.14 (13) and 281.65 (4) (p).

AB75,1133,7 (2) Research, information, and education needs related to the implementation of this chapter and ch. 281.

AB75,1133,9 (3) Coordination of federal, state, and local programs related to land and water resources that are relevant to the implementation of this chapter and ch. 281.

AB75,1133,12 (4) Other matters related to land and water resources, at the joint request of the department of agriculture, trade and consumer protection and the department of natural resources.

AB75, s. 1951 Section 1951. 92.05 (3) (c) of the statutes is amended to read:

AB75,1133,17 92.05 (3) (c) Rules. The department shall promulgate rules governing implementation of this chapter and distribution of state or federal funds by the department to the counties. The department shall comply with the procedures under s. 92.04 (3) in promulgating these rules.

AB75, s. 1952 Section 1952. 92.05 (3) (i) of the statutes is repealed.

AB75, s. 1953 Section 1953. 92.05 (3) (L) of the statutes is amended to read:

AB75,1134,2 92.05 (3) (L) Technical assistance; performance standards. The department shall provide technical assistance to county land conservation committees and local units of government for the development of ordinances that implement standards adopted under s. 92.07 (2), 92.105 (1), 92.15 (2) or (3) or 281.16 (3). The department's technical assistance shall include preparing model ordinances, providing data concerning the standards and reviewing draft ordinances to determine whether the draft ordinances comply with applicable statutes and rules.

AB75, s. 1954 Section 1954. 92.05 (3) (m) of the statutes is created to read:

AB75,1134,6 92.05 (3) (m) Tolerable erosion level. The department shall establish a tolerable erosion level based on an erosion rate that is acceptable and that maintains long-term soil productivity.

AB75, s. 1955 Section 1955. 92.10 (1) of the statutes is amended to read:

AB75,1134,11 92.10 (1) Creation. There is created a land and water resource management planning program. The department, board and land conservation committees jointly shall develop and administer this program. The department shall consult with the department of natural resources in developing and administering this program.

AB75, s. 1956 Section 1956. 92.10 (5) of the statutes is repealed.

AB75, s. 1957 Section 1957. 92.10 (6) (a) 3. of the statutes is amended to read:

AB75,1134,16 92.10 (6) (a) 3. Identifies the best management practices to achieve the objectives under subd. 2. and to achieve the tolerable erosion level under s. 92.04 (2) (i) 92.05 (3) (m).

AB75, s. 1958 Section 1958. 92.10 (6) (d) of the statutes is amended to read:

AB75,1134,19 92.10 (6) (d) Plan submission. A land conservation committee shall submit the land and water resource management plan to the board and department.

AB75, s. 1959 Section 1959. 92.104 of the statutes is repealed.

AB75, s. 1960 Section 1960. 92.105 of the statutes is repealed.

AB75, s. 1961 Section 1961. 92.106 of the statutes is repealed.

AB75, s. 1962 Section 1962. 92.14 (2) (e) of the statutes is amended to read:

AB75,1135,3 92.14 (2) (e) Promoting compliance with the requirements under ss. 92.104 and 92.105 soil and water conservation by persons claiming a farmland preservation credit tax credits under subch. IX of ch. 71.

AB75, s. 1963 Section 1963. 92.14 (3) (a) 1. of the statutes is amended to read:

AB75,1135,7 92.14 (3) (a) 1. Compliance with soil and water conservation requirements under ss. 92.104 and 92.105 by applicable to persons claiming a farmland preservation credit tax credits under subch. IX of ch. 71.

AB75, s. 1964 Section 1964. 92.14 (3) (d) of the statutes is amended to read:

AB75,1135,12 92.14 (3) (d) Implementing land and water resource management projects undertaken to comply with the soil and water conservation requirements under ss. 92.104 and 92.105 by applicable to persons claiming a farmland preservation credit tax credits under subch. IX of ch. 71.

AB75, s. 1965 Section 1965. 92.14 (6) (b) of the statutes is amended to read:

AB75,1135,21 92.14 (6) (b) The department and the department of natural resources shall prepare an annual grant allocation plan identifying the amounts to be provided to counties under this section and ss. 281.65 and 281.66. In the allocation plan, the departments shall attempt to provide funding under this section for an average of 3 staff persons per county with full funding for the first staff person, 70% funding for the 2nd staff person and 50% funding for any additional staff persons and to provide an average of $100,000 per county for cost-sharing grants. The department shall submit that plan to the board.

AB75, s. 1966 Section 1966. 92.14 (6) (d) of the statutes is repealed.

AB75, s. 1967 Section 1967. 92.14 (12) of the statutes is repealed.

AB75, s. 1968 Section 1968. 92.14 (13) of the statutes is amended to read:

AB75,1136,8 92.14 (13) Evaluation plan. The department, jointly with the department of natural resources, shall prepare a plan, which includes water quality monitoring and analysis, for evaluating the program administered under this section and s. 281.65 and submit the plan to the board. The board shall make recommendations to the department and the department of natural resources on the plan. The department shall review and approve or disapprove the plan and shall notify the board of its final action on the plan. The department shall implement any part of the plan for which the plan gives it responsibility.

AB75, s. 1969 Section 1969. 92.17 (2) (c) of the statutes is repealed.

AB75, s. 1970 Section 1970. 93.06 (10m) of the statutes is amended to read:

AB75,1136,14 93.06 (10m) Farmland preservation collections. Enter into contracts to collect amounts owed to the state under ch. 91, 2007 stats., as the result of the relinquishment of, or the release of land from, a farmland preservation agreement or as the result of the rezoning of land zoned for exclusive agricultural use.

AB75, s. 1971 Section 1971. 93.20 (2) of the statutes is amended to read:

AB75,1136,25 93.20 (2) Enforcement costs order. If a court imposes costs under s. 814.04 or 973.06 against a defendant in an action, the court may order that defendant to pay to reimburse the department any of the for reasonable, documented enforcement costs specified under sub. (3) that incurred by the department has incurred to prepare and prosecute that action. The prosecutor shall present evidence of the enforcement costs and the defendant shall be given an opportunity to refute that evidence. If any cost that a court orders a defendant to pay under this section may also be recovered by the department under s. 814.04 or 973.06, the department may recover that cost only under this section, but that cost is not limited to the amounts specified in s. 814.04 or 973.06.

AB75, s. 1972 Section 1972. 93.20 (3) of the statutes is repealed.

AB75, s. 1973 Section 1973. 93.20 (4) of the statutes is repealed.

AB75, s. 1974 Section 1974. 93.53 of the statutes is created to read:

AB75,1137,5 93.53 Beginning farmer and farm asset owner tax credit eligibility. (1) Definitions. In this section:

AB75,1137,7 (a) "Agricultural asset" means machinery, equipment, facilities, or livestock that is used in farming.

AB75,1137,9 (b) "Beginning farmer" means an individual who meets the conditions specified in sub. (2).

AB75,1137,12 (c) "Educational institution" means the Wisconsin Technical College System, the University of Wisconsin-Extension, the University of Wisconsin-Madison, or any other institution that is approved by the department under sub. (6) (a).

AB75,1137,14 (d) "Established farmer" means a person who meets the conditions specified in sub. (3).

AB75,1137,16 (e) "Farming" has the meaning given in section 464 (e) (1) of the Internal Revenue Code.

AB75,1137,18 (f) "Financial management program" means a course in farm financial management that is offered by an educational institution.

AB75,1137,21 (2) Beginning farmer. An individual is a beginning farmer for the purposes of s. 71.07 (8r), 71.28 (8r), or 71.47 (8r) if, at the time that the individual submits an application under sub. (4), all of the following apply:

AB75,1137,22 (a) The individual has a net worth of less than $200,000.

AB75,1137,24 (b) The individual has farmed for fewer than 10 years out of the preceding 15 years.

AB75,1138,3 (c) The individual has entered into a lease for a term of at least 3 years with an established farmer for the use of the established farmer's agricultural assets by the beginning farmer.