Farm Businesses:
The designation of the agricultural enterprise areas enables eligible landowners owning land in a designated AEA to voluntarily enter into a farmland preservation agreement with the State of Wisconsin. Additional local programs may also be adopted or made available to businesses in these designated areas. As a result, the designation of AEAs through ATCP 53, Wis. Adm. Code has the potential to affect businesses, specifically farmers. Most of the affected farmers will meet the description of small business in Wisconsin, as defined by s. 227.114 (1) (a), Stats.
The greatest small business impact of the designation will be a farmer's ability to enter into a voluntary farmland preservation agreement to claim income tax credits under s. 71.613, Stats., in return for keeping land in agricultural use for at least 15 years and implementing soil and water conservation practices.
The available tax credit for eligible farmers is at least $5 an acre, although farmers located in designated areas that are also certified for farmland preservation zoning may claim $10 an acre. The average farm size in Wisconsin is 195 acres, which would enable an average-sized farmer to claim an average of $975 to $1,950 annually, depending on the available tax credit. The costs for implementing soil and water conservation practices will vary from farm to farm, depending upon the type of operation and existing compliance status. The costs to implement these practices will be offset by the farmland preservation tax credit.
In addition to establishing eligibility for tax credits, designation of an AEA may also foster agricultural investment, and promote collaborative working relationships among landowners, agriculture-related businesses and local governments. It may also promote a more secure and attractive climate for the continuation of agricultural land-use and focused agriculture-related investment. Local government and other organizations may also develop other local programs that target resources to farmers in a designated area.
Farm-related businesses:
Other businesses that may benefit from designation of the AEA are farm-related businesses. The designation may create a more stable agricultural industry in the area, maintaining or increasing business transactions and promoting future agricultural-related investment. These businesses may include food processing and farm supply companies, nutrient management planners, soil testing laboratories, agricultural engineers, construction contractors, food processors, testing laboratories, and agri-tourism interests located within and near the designated area. Some of these businesses may be small businesses in Wisconsin, as defined by s. 227.114 (1) (a), Stats.
DATCP's small business regulatory coordinator is Keeley Moll at the address above. Email Telephone (608) 224-5039.
Comparison to federal and surrounding state programs
There are no federal programs comparable to the AEA program implemented by this rule. Over 15 states have “agricultural district" programs that bear some resemblance to the AEA program implemented by this rule, including the neighboring states of Illinois, Iowa, and Minnesota. However, each of those state programs has its own unique features.
None of the programs in other states is exactly comparable to the AEA program implemented by this rule, and some are more comparable to Wisconsin's farmland preservation zoning program. Some include limits on non-farm development, local planning requirements, right-to-farm protection, rewards for conservation practices, per acre property tax credits, and eligibility for participation in a conservation easement program.
Summary of factual data and analytical methodologies
DATCP evaluated AEA petitions in consultation with a panel that included independent reviewers. DATCP and the reviewers considered factors identified in ss. 91.84 and 91.86, Stats., as well as a variety of other factors identified in the petition forms. Petitioners were invited to submit, and did submit, extensive data and information to support their petitions.
Fiscal Impact
Eligible landowners located within the designated agricultural enterprise areas may voluntarily enter into farmland preservation agreements with the state. These agreements are signed by DATCP, and allow the landowner to claim tax credits paid by the Department of Revenue (DOR). Although promulgating this rule will not cost the department additional funds, the DOR will pay tax credits equal to $5.00 per acre if the land is only subject to the agreement, and pay $10 per acre if the land is subject to an agreement and covered by a certified farmland preservation zoning ordinance. The $10 per acre tax credit is a $2.50 per acre increase over the $7.50 per acre credit available to a landowner under a certified farmland preservation zoning ordinance under the new ch. 91, Stats. The $7.50 per acre credit does not require an agreement and would not be affected by promulgation of this rule. Landowners must meet conservation standards to claim the income tax credit, which may require some costs to ensure these standards are met. Overall, however, the rule is anticipated to have positive long-range fiscal implications for farmer owners and potentially indirectly for businesses that depend upon agriculture.
Following promulgation of this rule, the 5 areas totaling nearly 141,000 acres will be located within designated agricultural enterprise areas and eligible for farmland preservation agreements with the state, with nearly 50% of this land also covered by farmland preservation zoning. If we assume that 50% of the eligible landowners within an area covered by farmland preservation zoning enter into an agreement to claim the $10/acre credit, that is $355,000 in tax credits to small businesses. In addition, if 50% of the remaining landowners in the designated areas (not covered by zoning) enter into an agreement to claim the $5/acre credit, that is $175,000 in tax credits to those small businesses. It is anticipated that this additional $530,000 in tax credits will support and encourage robust rural economies that make up Wisconsin's $59 billion agricultural industry.
Environmental Impact
This rule, by itself, does not have a direct impact on the environment. This rule enables eligible farmers to enter into voluntary farmland preservation agreements with the state. Those agreements will have a positive effect on the environment by preserving agricultural land and promoting compliance with state soil and water standards.
This rule is not a “major action significantly affecting the quality of the environment," for purposes of s. 1.11, Stats. No environmental impact statement is required under s. 1.11, Stats. or ch. ATCP 3, Wis. Adm. Code.
DATCP Contact
Questions, comments, and requests for maps or associated tax parcel numbers related to AEAs designated by this rule may be directed to:
Coreen Fallat
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-4625
Notice of Hearing
Agriculture, Trade and Consumer Protection
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) announces that it will hold public hearings on a proposed rule revising Chapters ATCP 10, 12, and 15, relating to animal health and disease control, and human officer training.
Hearing Information
DATCP will hold public hearings at the times and places shown below.
Date:   Monday, December 12, 2011
Time:   11:00 A.M.-1:00 P.M.
Location:   Wausau Public Library/Marathon County       Public Library
  Wausau Room
  300 North First St.
  Wausau, WI 54403
Date:   Monday, December 12, 2011
Time:   6:00 P.M.-8:00 P.M.
Location:   Chippewa Valley Tech College
  Room 112
  620 W. Clairemont Ave.
  Eau Claire, WI 54701
Date:   Tuesday, December 13, 2011
Time:   3:00 P.M.-5:00 P.M.
Location:   Fox Valley Technical College Public Library
  DJ Bordini Center, Room 112A
  5 Systems Drive
  Appleton, WI 54912
Date:   Tuesday, December 13, 2011
Time:   3:00 P.M.-5:00 P.M.
Location:   Department of Agriculture, Trade and         Consumer Protection
  First Floor Boardroom - Room 106
  2811 Agriculture Drive
  Madison, WI 53714
Hearing impaired persons may request an interpreter for these hearings. Please make reservations for a hearing interpreter by November 29, 2011, by writing to Melissa Mace, Division of Animal Health, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-4883. Alternatively, you may contact the DATCP TDD at (608) 224-5058. Handicap access is available at the hearings.
Appearances at the Hearing and Submittal of Written Comments
DATCP invites the public to attend the hearings and comment on the proposed rule. Following the public hearings, the hearing record will remain open until Tuesday, January 3, 2012 for additional written comments. Comments may be sent to the Division of Animal Health at the address below, by email to
or online
To provide comments or concerns relating to small business, please contact DATCP's small business regulatory coordinator Keeley Moll at the address above, by emailing to or by telephone at (608) 224-5039.
Copies of Proposed Rule
You may obtain a free copy of this rule by contacting the Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Animal Health, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708. You can also obtain a copy by calling (608) 224-4883 or emailing Copies will also be available at the hearings. To view the proposed rule online, go to:
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
This rule modifies current Wisconsin animal health and disease control rules administered by the Department of Agriculture, Trade and Consumer Protection (“DATCP"). Among other things, this rule:
  Modifies current rules related to cattle, including rules related to voluntary Johne's disease testing and classification, tuberculosis import testing, and imports of cattle from states with tuberculosis positive herds.
  Modifies current rules related to equine and equine infectious anemia testing and branding.
  Modifies current rules related to imported poultry.
  Modifies current rules related to farm-raised deer, including rules related to herd registration, hunting preserves, chronic wasting disease testing and the chronic wasting disease herd status program.
  Modifies current rules related to fish farms and fish health, including rules related to fish farm registration, import permits and fish health certificate requirements.
  Modifies enforcement of current rules by allowing a department waiver to rule requirements if reasonable and necessary. Statutory provisions cannot be waived.
  Modifies current rules related to animal markets, dealers and truckers, including rules related to animal identification, record keeping requirements, and facility and vehicle requirements.
  Modifies current rules related to humane officer training, including rules related to fees, training, and humane officer certification.
  Makes minor drafting changes to update, clarify and correct current rules.
Statutes interpreted
Statutory authority
Explanation of agency authority
DATCP has broad general authority to adopt rules interpreting statutes under its jurisdiction (see s. 93.07(1), Stats.). DATCP is specifically authorized to adopt rules to protect the health of animals in this state, and to prevent, control and eradicate communicable diseases among animals.
Rule contents
Definitions and General Provisions
This rule makes the following additions and updates to the definitions used in ATCP 10:
  Creates a definition for commercial swine clarifying that requirements of ATCP 10 apply to commercial swine and not to feral swine.
  Updates the version of the Johne's Disease National Program Standards referenced by rule to the most recent publication date.
  Clarifies that menagerie animals for purposes of this rule are animals kept as part of a collection of multiple different species.
  Updates the version of the National Poultry Improvement Plan (NPIP) and auxiliary provisions referenced by rule to the most recent publication date.
  Removes the prohibition on the use of a blood tuberculosis (BTB) test and allows other tuberculosis tests to be approved by the department. This rule does not authorize the use of a BTB test, but does open the door for rapid approval by the department if a viable BTB test is approved by the USDA.
The current rule allows the department to test an animal at the owner's expense if the animal is not imported or moved in accordance with law. This rule clarifies that the department may conduct testing or order testing be done, at the owner's expense. This rule also authorizes the department to order testing if the animal may have been exposed to a reportable disease listed in ATCP 10, Appendix A and Appendix B.
The current rule requires a certificate of veterinarian inspection (CVI) be issued on a form provided by the department. This rule allows the department to accept CVIs on forms that are approved, but not issued, by the department, facilitating the use of electronic CVIs that meet the department's informational needs but are not on forms issued by the department.
This rule also makes technical changes to the contents of a CVI and incorporates references to ATCP 16 as necessary to make the rule requirements clear and consistent.
This rule clarifies that an import permit issued by the department may be issued verbally and that the import permit number issued must be recorded on the official CVI.
This rule makes technical changes to the import application process and content to make the rule consistent with current practice.
Current rules require that a Johne's disease-certified veterinarian renew certification every 3 years. This rule extends the certification period to 5 years, consistent with federal requirements.
Current rules allow for bovine animals to be imported into this state without pre-import tuberculosis testing as long as they are imported directly to a federally approved livestock import market. This rule removes this exemption to tuberculosis testing because there are no federally-approved livestock markets for tuberculosis.
Current rules require that bovine animals from an accredited tuberculosis-free state or nation, not normally required to be tested, test negative on a pre-import tuberculosis test if the state or nation has a confirmed tuberculosis positive herd. In the current rule, the pre-import test is required, until the herd is depopulated. This rule modifies that requirement so that bovine animals imported from an accredited tuberculosis-free state or nation, where there has been a confirmed tuberculosis-positive herd, must have a pre-import test until the positive herd is in compliance with state or federal herd plans and all quarantines on the herd have been released. This modification recognizes that herd owners may choose to remain under quarantine and test the animals, as determined necessary by the state and federal officials in compliance with the federal uniform methods and rules, rather than depopulate the herd.
Current rules exempt veal calves from a pre-import tuberculosis test if they comply with established criteria post import. This rule requires that imported veal calves obtain an import permit to qualify for the test exemption in order to ensure the importer understands the post-import requirements for veal calves that do not have a pre-import tuberculosis test.
The current rule states that no person may sell or transfer ownership of any equine animal without a negative equine infectious anemia (EIA) test. This rule clarifies that a purchaser of an equine animal shares responsibility for ensuring equine animals are tested negative for EIA prior to transfer of ownership.
The current rule allows for an equine animal that tested positive for EIA to be released from a quarantine once branded. This rule corrects the current rule by removing that provision. Branding does nothing to prevent disease spread.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.