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. 91.55(1)(1) County agricultural preservation plans shall, at a minimum, include:
91.55(1)(a)
(a) Statements of policy regarding preservation of agricultural lands, urban growth, the provision of public facilities and the protection of significant natural resource, open space, scenic, historic or architectural areas.
91.55(1)(b)
(b) Maps identifying agricultural areas to be preserved, areas of special environmental, natural resource or open space significance and, if any, transition areas. Transition areas shall be areas in predominantly agricultural use which the plan identifies for future development. Any agricultural preservation areas mapped must be a minimum of 100 acres. Any transition areas mapped must be a minimum of 35 acres. In mapping agricultural preservation areas, the maps identifying preliminary agricultural preservation areas prepared under
s. 91.05 shall be considered if the map is provided to the county at least 12 months prior to adoption of the agricultural preservation plan.
91.55(2)
(2) The maps may include areas other than those mapped under
s. 91.05. Areas mapped under
s. 91.05 may be excluded from the county maps upon a finding that one or more of the following conditions exist:
91.55(2)(a)
(a) Existing or planned activities adjacent to the identified agricultural area are incompatible with agricultural use.
91.55(2)(b)
(b) The area is not economically viable for agricultural use.
91.55(2)(c)
(c) Substantial urban growth in the area or planned urban expansion has created a public need to convert agricultural land use to other uses.
91.55(2)(d)
(d) Maintenance of the area in agricultural use is not consistent with the goals and objectives of a county agricultural preservation plan.
91.55(3)
(3) Statements regarding the coordination requirements of
s. 91.59.
91.55 History
History: 1977 c. 29.
91.57
91.57
Implementation programs. County agricultural preservation plans shall include a program of specific public actions designed to preserve agricultural lands and guide urban growth. Such implementation programs shall include, without limitation because of enumeration:
91.57(1)
(1) A general description of land use controls and programs to implement the policy statements of
s. 91.55 (1).
91.57(2)
(2) A program that describes the character, location, timing, use, capacity and financing of existing and proposed public facilities to serve existing and new development.
91.57(3)
(3) An identification of procedures and standards for controlling the installation and maintenance of private waste disposal systems, specifically identifying areas not suitable for the installation of such systems.
91.57(4)
(4) A program to protect areas of special environmental, natural resource or open space significance.
91.57 History
History: 1977 c. 29.
91.59
91.59
Coordination. 91.59(1)(1) County agricultural preservation plans shall include agricultural preservation plans adopted by municipalities within the county if such plans comply with
ss. 91.55 and
91.57.
91.59(2)
(2) At least 60 days prior to the public hearing under
s. 59.69 (3) (d), copies of the agricultural preservation plan shall be submitted for review and comment to all cities, villages and towns within the county, all adjoining counties and the regional planning commission to which the county belongs.
91.59(3)
(3) County agricultural preservation plans must indicate how they compare with regional plans prepared under
s. 66.0309 and must explain any discrepancies between the plans.
91.61
91.61
Certification. Upon completion of county agricultural preservation plans described in this subchapter, copies of the plan may be submitted to the board for review and certification under
s. 91.06.
91.61 History
History: 1977 c. 29.
91.63
91.63
Revisions. Counties shall continually review and evaluate the agricultural preservation plan in light of changing needs and conditions and shall provide for periodic revision of the agricultural preservation plan set forth in this subchapter. Revisions shall be made in the same manner as adoption of the plan.
91.63 History
History: 1977 c. 29.
EXCLUSIVE AGRICULTURAL ZONING
91.71
91.71
Purpose. The purpose of this subchapter is to specify the minimum requirements for zoning ordinances designating certain lands for exclusively agricultural use, allowing the owners of such lands to claim the farmland preservation credit permitted under
subch. IX of ch. 71.
91.71 History
History: 1977 c. 29,
418;
1987 a. 312 s.
17.
91.73(2)
(2) Exclusive agricultural zoning ordinances shall be consistent with county agricultural preservation plans established under
subch. IV.
91.73(3)
(3) A majority of towns in a county with a population density of 100 or more persons per square mile may reject adoption of a county exclusive agricultural use zoning ordinance under this subchapter for all towns within the county only by filing within 6 months after adoption of the ordinance by the county board certified copies of resolutions disapproving the ordinance with the county clerk. Notwithstanding
s. 59.69 (5) (c), the procedure established in this subsection shall be the only procedure by which a town in such a county may reject the application of a county exclusive agricultural use zoning ordinance in that town.
91.73(4)
(4) Amendments to the texts of existing county zoning ordinances to bring the ordinances into compliance with this chapter, which are adopted by the county board, shall be effective in any town which does not file a certified copy of a resolution disapproving of the amendment pursuant to
s. 59.69 (5) (e) 3. or
6. In those towns which disapprove of the amendment the former agricultural zoning remains in effect and shall be so designated on the official zoning map.
91.75
91.75
Ordinance standards. A zoning ordinance shall be deemed an "exclusive agricultural use ordinance" if it includes those jurisdictional, organizational or enforcement provisions necessary for its proper administration, if the land in exclusive agricultural use districts is limited to agricultural use and is identified as an agricultural preservation area under any agricultural preservation plans adopted under
subch. IV and if the regulations on the use of agricultural lands in such districts meet the following standards which, except for
sub. (4), are minimum standards:
91.75(1)
(1) A minimum lot size is specified.
91.75(2)(a)2.
2. "Owner", as defined in
s. 91.01 (9), also includes a partner in a partnership, a member in a limited liability company and a shareholder in a corporation.
91.75(2)(a)3.
3. "Preexisting residence" means a residence whose initial construction begins before May 14, 1992.
91.75(2)(b)
(b) Except as provided in
par. (c), the only residences, whether preexisting residences or not, that are allowed as permitted or conditional uses are those that have a use consistent with agricultural use and that are occupied by any of the following:
91.75(2)(b)2.
2. A person who, or a family at least one adult member of which, earns the majority of his or her gross income from conducting the farm operations on the parcel.
91.75(2)(b)3.
3. A parent or child of an owner who conducts the majority of the farm operations on the parcel.
91.75(2)(b)4.
4. A parent or child of an owner who resides on the parcel and who previously conducted the majority of the farm operations on the parcel.
91.75(2)(c)
(c) Preexisting residences located in areas subject to zoning under this section that do not conform to
par. (b), but that were either permitted or continued residential uses under s.
91.75, 1989 stats., may be continued in residential use and may be exempted from any limitations imposed or authorized under
s. 59.69 (10).
91.75(3)
(3) No structure or improvement may be built on the land unless consistent with agricultural uses.
91.75(4)
(4) Such ordinances shall be considered local ordinances for purposes of
s. 196.491 (3) (i) and
(4) (c) 3. and shall provide that gas and electric utility uses not requiring authorization under
s. 196.491 (3) are special exceptions or permitted or conditional uses and are uses that are consistent with agricultural use.
91.75(5)
(5) Special exceptions and conditional uses are limited to those agricultural-related, religious, other utility, institutional or governmental uses that are consistent with agricultural use and are found to be necessary in light of the alternative locations available for such uses. The department shall be notified of the approval of any special exceptions and conditional uses in areas zoned for exclusive agricultural use.
91.75(6)
(6) For purposes of farm consolidation and if permitted by local regulation, farm residences or structures which existed prior to the adoption of the ordinance may be separated from a larger farm parcel. Farm residences or structures with up to 5 acres of land which are separated from a larger farm parcel under this section are not subject to the lien under
s. 91.19 (8) to
(10), as required in
s. 91.77 (2) or
91.79.
91.75(7)
(7) A structure or improvement made as an incident to a lease for oil and natural gas exploration and extraction, and an easement granted for the purpose of using land as, or land used as, part of the ice age trail under
ss. 23.17 and
23.293 and structures and improvements made as an incident to that use or those easements, is consistent with agricultural uses under
sub. (3) and may be permitted as a special exception or conditional use under
sub. (5).
91.75(8)(a)(a) In this subsection, "farm family business" means any lawful activity, except a farm operation, conducted primarily for any of the following:
91.75(8)(a)1.
1. The purchase, sale, lease or rental of personal or real property.
91.75(8)(a)2.
2. The manufacture, processing or marketing of products, commodities or any other personal property.
91.75(8)(b)
(b) A farm family business may be permitted as a special exception or conditional use under
sub. (5) if limited to existing farm residences or structures or portions of the existing farmstead that are not dedicated to agricultural uses. No more than 2 persons who are not members of the resident farm family may be employed in the farm family business.
91.75(9)(a)(a) In this subsection, "locally approved reclamation plan" means any of the following:
91.75(9)(a)1.
1. A reclamation plan, submitted as required by a nonmetallic mining reclamation ordinance adopted under s.
66.038, 1995 stats., or
s. 295.13, that fulfills reclamation standards established by the ordinance.
91.75(9)(a)2.
2. If no nonmetallic mining reclamation ordinance applies to a proposed nonmetallic mining site, a reclamation plan that is approved by a county planning and zoning agency or commission created under
s. 59.69 (2) or a county land conservation committee created under
s. 92.06, whichever is authorized to give the approval under the exclusive agricultural zoning ordinance.
91.75(9)(b)
(b) Nonmetallic mineral extraction, including clay and gravel extraction, may be permitted as a special exception or conditional use under
sub. (5) if it is subject to a locally approved reclamation plan that is submitted by the mine operator or person proposing to perform the nonmetallic mineral extraction to the local governing body having jurisdiction and that provides for the restoration of the nonmetallic mineral extraction site to agricultural use.
91.75 Cross-reference
Cross Reference: See also s.
NR 135.03, Wis. adm. code.
91.75 Annotation
"Governmental use," as used in an exclusive agricultural zoning ordinance, was interpreted to mean any service, function, or facility that a governmental unit is authorized by statute to provide. A radio tower licensed to the University Board of Regents for the operation of a student radio station was a governmental use. Board of Regents of the University of Wisconsin v. Dane County Board of Adjustment, 2000 WI App 211,
238 Wis. 2d 810,
618 N.W.2d 537,
99-2662.
91.75 Annotation
Community living arrangements may be entitled to locate in exclusive agricultural zoning districts under some circumstances.
76 Atty. Gen. 126.
91.77
91.77
Ordinance revisions. 91.77(1)(1) A county, city, village or town may approve petitions for rezoning areas zoned for exclusive agricultural use only after findings are made based upon consideration of the following:
