CHAPTER 91
FARMLAND PRESERVATION
SUBCHAPTER I
GENERAL PROVISIONS
91.03 Interdepartmental cooperation.
91.05 Preliminary agricultural areas delineation.
91.07 Rule-making authority.
SUBCHAPTER II
FARMLAND PRESERVATION AGREEMENTS
91.13 Farmland preservation agreements.
91.14 Transition area agreements.
91.15 Exemption from special assessments.
91.17 Change of ownership.
91.19 Relinquishment of agreements.
91.21 Penalty for use change.
SUBCHAPTER III
INITIAL AGREEMENTS
91.35 Agreement provisions.
SUBCHAPTER IV
AGRICULTURAL PRESERVATION PLANNING
91.57 Implementation programs.
SUBCHAPTER V
EXCLUSIVE AGRICULTURAL ZONING
91.75 Ordinance standards.
91.77 Ordinance revisions.
91.79 Conditional uses; lien.
91.80 Soil and water conservation.
GENERAL PROVISIONS
91.01
91.01
Definitions. In this chapter:
91.01(1)
(1) "Agricultural use" means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under
16 USC 3831 to
3836; participating in the milk production termination program under
7 USC 1446 (d); and vegetable raising.
91.01(2)
(2) "Board" means the land and water conservation board.
91.01(3)
(3) "Department" means the department of agriculture, trade and consumer protection.
91.01(4)
(4) "Develop" means change to any use other than agricultural use.
91.01(5)
(5) "Devoted primarily to agricultural use" means under agricultural use for at least 12 consecutive months during the preceding 36-month period.
91.01(6)
(6) "Eligible farmland" means a parcel of 35 or more acres of contiguous land which is devoted primarily to agricultural use, including land designated by the department of natural resources as part of the ice age trail under
s. 23.17, which during the year preceding application for a farmland preservation agreement produced gross farm profits, as defined in
s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding application produced gross farm profits, as defined in
s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres of which at least 35 acres, during part or all of the year preceding application, were enrolled in the conservation reserve program under
16 USC 3831 to
3836.
91.01(7)
(7) "Farmland preservation agreement" or "transition area agreement" means a restrictive covenant, evidenced by an instrument whereby the owner and the state agree to hold jointly the right to develop the land except as may be expressly reserved in the instrument and which contains a covenant running with the land, for a term of years, not to develop except as expressly reserved in the instrument.
91.01(8)
(8) "Local governing body having jurisdiction" means the city council, village board or town board if that body has adopted a certified ordinance under
subch. V; or the county board where such a city, village or town zoning ordinance is not in effect.
91.01(9)
(9) "Owner" means a resident of this state owning land and includes an individual, legal guardian, corporation incorporated in this state, business trust, estate, trust, limited liability company, partnership or association or 2 or more persons having a joint or common interest in the land. However, where land is subject to a land contract, it means the vendor in agreement with the vendee.
91.01(10)
(10) "Use consistent with agricultural use" means any activity that meets all of the following conditions:
