91.15 History
History: 1977 c. 29,
418;
1983 a. 311.
91.17
91.17
Change of ownership. 91.17(1)(1) Land subject to a farmland preservation agreement may be sold without a lien being filed under
s. 91.19, subject to the reservation of rights contained in the agreement. The seller shall notify the department of any such transfer. The purchaser shall be liable under any subsequent lien under
s. 91.19 only for the amount of tax credits paid on that portion of the land purchased.
91.17(2)
(2) When the owner of land subject to a farmland preservation agreement dies or is certified by a physician to be totally and permanently disabled, the land may be released from the program under this chapter and shall not be subject to a lien under
s. 91.19 (8).
91.17(3)
(3) A residence or structure located on a parcel of 5 acres or less which is subject to an agreement and which, for purposes of farm consolidation and in compliance with the ordinances of the city, village or town and county in which it is located, is separated from other land subject to that agreement is not subject to a lien under
s. 91.19 when that agreement expires if the residence or structure existed prior to the effective date of that agreement.
91.19
91.19
Relinquishment of agreements. 91.19(1)
(1) A farmland preservation agreement shall be relinquished by the department on behalf of the state at the expiration of the term of the agreement.
91.19(1m)
(1m) Upon request, a farmland preservation agreement shall be relinquished by the department on behalf of the state when the owner of land subject to the agreement dies or is certified by a physician to be totally and permanently disabled.
91.19(2)
(2) The department may relinquish the farmland preservation agreement or may release part of the land from a farmland preservation agreement prior to the termination date contained in the instrument as follows:
91.19(2)(a)
(a) The owner of the land may submit an application, on forms prescribed by the department, to the local governing body having jurisdiction requesting that the agreement be relinquished or that part of the land be released from the agreement. Upon receipt of the application, the clerk of the local governing body shall send written notification thereof to the persons specified under
s. 91.13 (2), and such persons shall have 30 days from receipt of notification to review, comment and make recommendations to the local governing body having jurisdiction.
91.19(2)(b)
(b) After considering the comments and recommendations of the reviewing agencies and holding a public hearing, following the publication in the county of a class 2 notice, under
ch. 985, the local governing body having jurisdiction shall approve or reject the application within 120 days after it is filed, unless the time is extended by mutual agreement of the parties involved. The local governing body having jurisdiction shall not approve an application for relinquishment or release under this subsection unless it finds one or more of the following:
91.19(2)(b)1.
1. That relinquishment or release will allow the owner to resolve foreclosure or bankruptcy proceedings by a voluntary settlement with a mortgagee or a creditor.
91.19(2)(b)2.
2. That significant natural physical changes in the land have occurred that are generally irreversible and permanently affect the land.
91.19(2)(b)3.
3. That surrounding conditions prohibit agricultural use.
91.19(2)(b)4.
4. Subject to
par. (c), that relinquishment or release will allow the owner to develop the land to assist local economic development.
91.19(2)(b)5.
5. Subject to
par. (c), that relinquishment or release will allow for the transfer of the land and subsequent agriculturally related, utility, religious or institutional uses that are consistent with agricultural use and that are found to be necessary in light of the alternative locations available for such uses.
91.19(2)(c)1.1. The local governing body having jurisdiction may not approve an application for relinquishment or release under
par. (b) 4. or
5. unless it finds that all of the following conditions exist:
91.19(2)(c)1.a.
a. Adequate public facilities to serve the proposed development or use exist or will be provided as part of the development.
91.19(2)(c)1.b.
b. The land is suitable for the proposed development or use.
91.19(2)(c)1.c.
c. The proposed development or use will not cause air pollution, water pollution or soil erosion that exceeds applicable state or local standards, adversely affect rare or irreplaceable natural areas or otherwise harm the environment.
91.19(2)(c)1.d.
d. The proposed development or use is consistent with remaining agricultural uses in the area.
91.19(2)(c)1.e.
e. The proposed development or use is consistent with the county's certified agricultural preservation plan, if a plan is in effect.
91.19(2)(c)1.g.
g. The proposed development or use is consistent with local economic development plans.
91.19(2)(c)1.h.
h. There is no alternative location for the proposed development or use that is suitable.
91.19(2)(c)2.
2. As part of its review of an application for relinquishment or release under
par. (b) 4. or
5., the local governing body having jurisdiction shall also consider all of the following factors:
91.19(2)(c)2.c.
c. Whether the proposed development or use minimizes the amount of agricultural land converted to nonagricultural uses.
91.19(2)(c)2.d.
d. The economic costs and benefits of the proposed development or use to the local economy compared to the costs and benefits of the land for agricultural use.
91.19(2)(c)2.e.
e. The costs of providing public facilities to the proposed development or use, and the ability of affected local units of government to provide them.
91.19(3)
(3) If the request for relinquishment of the farmland preservation agreement or release of part of the land from the agreement is approved by the local governing body having jurisdiction, a copy of the application, along with the comments and recommendations of the reviewing agencies, shall be forwarded to the board. The board shall, within 60 days, upon consideration of the factors in
sub. (2) (b) and
(c) 2., approve or reject the application for relinquishment or release. If the board approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under
sub. (7) and record it with the register of deeds of the county in which the land is located.
91.19(4)
(4) If action is not taken by the local governing body having jurisdiction within the time period prescribed or agreed upon, the applicant may proceed as provided in
sub. (5) as if the application was rejected.
91.19(5)
(5) If the application for relinquishment of the agreement or release of part of the land from the agreement is rejected by the local governing body having jurisdiction, the application shall be returned to the applicant with a written statement regarding the reasons for rejection. Within 30 days after receipt of the rejected application, the applicant may appeal the rejection to the board. The board shall, within 60 days after the appeal has been received, upon consideration of the factors listed in
sub. (2) (b) and
(c) 2., approve or reject the request for relinquishment or release. If the board approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under
sub. (7) and record it with the register of deeds of the county in which the land is located.
91.19(6)
(6) The department shall release from a farmland preservation agreement any land acquired for use as an electric generating facility authorized under
s. 196.491 (3), or which involves acquisition of the fee by a utility or a cooperative organized under
ch. 185 for purposes of generating electricity or other utility uses.
91.19(6m)
(6m) The department shall release from a farmland preservation agreement any lands acquired by the state or the federal government for public improvements or structures, including highway improvements.
91.19(6p)
(6p) The department shall release from a farmland preservation agreement any land subject to a farmland preservation agreement if the owner of the land has, before December 31, 1988, obtained state, county, city, village and town licenses, permits or approvals, other than those required under this chapter, to develop the land as a concert park.
91.19(6s)(a)(a) The department may release from a farmland preservation agreement any land acquired or to be acquired by a school board or the governing body of a municipality, as defined in
s. 281.59 (1) (c), for public improvements or structures, including highway improvements, if all of the following occur:
91.19(6s)(a)1.
1. An application for release of the land, made by either the owner or the local unit of government, is approved by the local governing body having jurisdiction and the board under the procedures of
subs. (2) to
(5).
91.19(6s)(b)
(b) If an owner of land subject to a farmland preservation agreement opposes an application brought by a local unit of government for release of that land, the owner may appeal the approval of that application by the local governing body having jurisdiction to the board according to the procedures in
par. (c).
91.19(6s)(c)
(c) If the application for release of any land from the agreement is approved by the local governing body having jurisdiction, the application shall be returned to the applicant, and a copy of the application to the owner, with a written statement regarding the reasons for approval. Within 30 days after receipt of a copy of the approved application, the owner may appeal the approval to the board. The board shall, within 60 days after the appeal has been received, upon consideration of the factors listed in
sub. (2) (b) and
(c) 2., approve or reject the request to disapprove the release. If the board approves the owner's appeal it shall notify the local governing body having jurisdiction.
91.19(6s)(d)
(d) The board may waive its approval authority under this subsection for applications affecting less than 5 acres of land.
91.19(6t)
(6t) The department shall relinquish from a farmland preservation agreement land that has been subject to a farmland preservation agreement for at least 10 years if the owner of the land so requests.
91.19(7)
(7) Whenever a farmland preservation agreement is relinquished under
sub. (2) or
(6t) or all or part of the land is released from a farmland preservation agreement under
sub. (2) or
(6p) or a transition area agreement is relinquished under
sub. (2) or, subject to
subs. (12) and
(13), a transition area agreement is relinquished under
sub. (1) or
(1m), the department shall cause to be prepared and recorded a lien against the property formerly subject to the agreement for the total amount of all credits received by all owners of such lands under
subch. IX of ch. 71 during the last 10 years that the land was eligible for such credit, plus interest at the rate of 9.3% per year compounded annually on the credits received from the time the credits were received until the lien is paid for farmland preservation agreements relinquished under
sub. (6t) and 6% per year compounded annually on the credits received from the time the credits were received until the lien is paid for other agreements. No interest shall be compounded for any period during which the farmland is subject to a subsequent farmland preservation agreement or transition area agreement or is zoned for exclusive agricultural use under an ordinance certified under
subch. V.
91.19(8)
(8) Subject to
subs. (12) and
(13), upon the relinquishment of a farmland preservation agreement under
sub. (1) or
(1m), the department shall cause to be prepared and recorded a lien against the property formerly subject to the farmland preservation agreement for the total amount of the credits received by all owners thereof under
subch. IX of ch. 71 during the last 10 years that the land was eligible for such credit, plus 6% interest per year compounded from the time of relinquishment. No interest shall be compounded for any period during which the farmland is subject to a subsequent farmland preservation agreement or transition area agreement or is zoned for exclusive agricultural use under an ordinance certified under
subch. V.
91.19(9)
(9) A lien recorded under this section shall be effective upon recording and shall be subordinate to a lien of mortgage which is recorded prior to the recording of the lien under this section.
91.19(10)
(10) The lien may be paid and discharged at any time and shall become payable to the state by the owner of record at the time the land or any portion of it is sold by the owner of record to any person except the owner's child or if the land is converted to a use prohibited by the former farmland preservation agreement. Upon reentry in an agreement under this subchapter or upon zoning for exclusively agricultural use under an ordinance certified under
subch. V, the portion of the lien on the land reentered or so zoned shall be discharged. The discharge of a lien does not affect the calculation of any subsequent lien under
sub. (7) or
(8). The proceeds from the payment shall be paid into the general fund.
91.19(12)
(12) No lien may be filed under
sub. (7) or
(8), on the date of relinquishment, release or termination, for tax credits paid on lands or any portion of them which are zoned for exclusively agricultural use under an ordinance certified under
subch. V.
91.19(13)
(13) No lien may be filed under
sub. (7) or
(8) for any amount of tax credits paid under
subch. IX of ch. 71 to any owner of farmland if, up to the date of relinquishment under
sub. (1) or
(1m) of the applicable farmland preservation agreement or transition area agreement, all of the requirements under this subchapter that relate to the agreement have been satisfied by the owner.
91.21
91.21
Penalty for use change. 91.21(1)
(1) If the owner or a successor in title of the land upon which a farmland preservation agreement has been recorded under this chapter changes the use of the land to a prohibited use without first acting under
ss. 91.17 and
91.19 and the land is not relinquished under
s. 91.19 (6p) or
(6t), the owner or successor in title may be enjoined by the state, acting through the attorney general, or by the local governing body having jurisdiction, acting through its attorney, and is subject to a civil penalty for actual damages, but in no case to exceed double the value of the land as established at the time the application for the agreement was approved.
91.21(3)
(3) If the owner or a successor in title of the land upon which a farmland preservation agreement has been recorded under this chapter fails to comply with
s. 91.13 (8) (d) or
(dm), such person shall be given one year to restore compliance before the remedies of
sub. (1) shall be applicable.
91.23
91.23
Conversion. An owner under a farmland preservation agreement may at any time apply for a transition area agreement, and an owner under a transition area agreement may at any time apply for a farmland preservation agreement. If such an application is approved, the prior agreement shall be relinquished without a lien being filed under
s. 91.19.
91.23 History
History: 1977 c. 29,
169.
INITIAL AGREEMENTS
91.31
91.31
Eligibility. Prior to October 1, 1982, an owner may apply for an initial farmland preservation agreement under this subchapter if the county in which the land is located does not have a certified agricultural preservation plan in effect and if the eligible farmland is not in an area zoned for exclusive agricultural use under an ordinance certified under
subch. V.
Subchapter II applies to such farmland preservation agreements except as specifically provided in this subchapter. No agreements shall be made under this subchapter after September 30, 1982.
91.31 History
History: 1977 c. 29.
91.33
91.33
Applications. An application under this subchapter need not include the soil classification of the lands involved.
91.33 History
History: 1977 c. 29.
91.35
91.35
Agreement provisions. 91.35(1)
(1) Farmland preservation agreements under this subchapter shall require that a county land conservation committee conservation plan be either under development or in effect.
91.35(2)
(2) Except as provided in
s. 91.39, farmland preservation agreements under this subchapter shall expire on September 30, 1982.
91.35 History
History: 1977 c. 29,
169;
1981 c. 346 s.
38.
91.37(1)(1) If the owner withdraws during the term of an agreement under this subchapter, the lien shall apply to the amount of all credit under
subch. IX of ch. 71 received for the period the land was subject to the agreement plus 6% interest per year compounded annually from the time the credit was received until it is paid.
91.37(2)
(2) If at the end of an agreement under this subchapter, the owner does not apply for a renewal under
s. 91.39 or an agreement under
subch. II, the lien shall apply, without interest, to the credit received under
subch. IX of ch. 71 for the last 2 years the land was eligible for such credit if the land is not subject to a certified exclusive agricultural use zoning ordinance under
subch. V and either the county in which the land is located has not adopted a certified agricultural preservation plan, or, if such a plan is adopted, the farmland would not be eligible for an agreement under the terms of the plan.
91.37(3)
(3) If at the end of an agreement under this subchapter, the owner does not apply for a renewal under
s. 91.39 or an agreement under
subch. II, although the land is eligible for an agreement under
subch. II and is not subject to a certified exclusive agricultural use zoning ordinance under
subch. V, the lien shall apply to all credit received during the period the land was subject to an agreement under this subchapter, plus 6% interest per year compounded from the time of expiration.
91.37(4)
(4) If at the end of an agreement under this subchapter, the farmland is not eligible for an agreement under
subch. II because
s. 91.11 (2),
(3) or
(4) is applicable, the lien shall apply, without interest, to the credit received under
subch. IX of ch. 71 for the last 2 years the land was eligible for such credit. If after the expiration of an agreement the land or any portion of the land is zoned for exclusive agricultural use under an ordinance certified under
subch. V, all or any portion of a lien filed under this subsection against such land shall be discharged. The discharge of a lien under this subsection does not affect the calculation of any subsequent lien under
s. 91.77 (2).
91.37(5)
(5) If at the end of an agreement under this subchapter, the owner does not apply for a renewal under
s. 91.39 or an agreement under
subch. II and only a portion of the land subject to the agreement is eligible for an agreement under
subch. II, the lien shall be calculated under
sub. (2) or
(4) on that part of the land which is ineligible and under
sub. (3) on that part which is eligible.
91.37(6)
(6) No lien may be filed, on the date of the relinquishment or termination of an agreement or of the release of land from an agreement under this subchapter, for tax credits paid on lands or any portion thereof which are zoned for exclusively agricultural use under an ordinance certified under
subch. V.
91.39
91.39
Renewal. Such agreements may be renewed for a single one-year period only if an agricultural preservation plan is adopted by the county in which the farmland is located and the farmland is eligible for an agreement under
subch. II under such plan.
91.39 History
History: 1977 c. 29.
91.41
91.41
Conversion. Any person subject to a farmland preservation agreement under this subchapter may apply under
subch. II whenever the county in which the land is located adopts a certified agricultural preservation plan under
subch. IV or whenever the farmland becomes subject to a certified exclusive agricultural use zoning ordinance under
subch. V. In such case, the farmland preservation agreement under this chapter shall be relinquished under
s. 91.19 without a lien being filed.
91.41 History
History: 1977 c. 29,
169.
AGRICULTURAL PRESERVATION PLANNING
91.51
91.51
Purpose. The purpose of this subchapter is to specify standards for county agricultural preservation plans required to enable farmland owners to enter into farmland preservation agreements under this chapter. Agricultural preservation planning shall be undertaken in accordance with
s. 59.69 and agricultural preservation plans shall be a component of and consistent with any county development plan prepared under
s. 59.69 (3).
91.51 History
History: 1977 c. 29;
1995 a. 201.
91.53
91.53
Studies. County agricultural preservation plans shall be based upon, without limitation because of enumeration, surveys, studies and analyses of agricultural use and productivity, natural resources and open space, population and population density, urban growth, housing and the character, location, timing, use and capacity of existing and future public facilities.
91.53 History
History: 1977 c. 29.
91.55
91.55
Content of plans.
