91.40(4)
(4) A statement, signed by the applicant's attorney or chief elected official, certifying that the farmland preservation zoning ordinance or amendment complies with all applicable requirements in
s. 91.38.
91.40(5)
(5) Other relevant information that the department requires by rule.
91.40 History
History: 2009 a. 28.
91.42
91.42
Land use in farmland preservation zoning districts; general. A farmland preservation zoning ordinance does not qualify for certification under
s. 91.36, if the farmland preservation zoning ordinance allows a land use in a farmland preservation zoning district other than the following land uses:
91.42(4)
(4) Other uses allowed by the department by rule.
91.42 History
History: 2009 a. 28.
91.44
91.44
Permitted uses. 91.44(1)(1) Except as provided in
s. 84.01 (34), a farmland preservation zoning ordinance does not comply with
s. 91.42 if the farmland preservation zoning ordinance allows as a permitted use in a farmland preservation zoning district a land use other than the following land uses:
91.44(1)(d)
(d) Nonfarm residences constructed in a rural residential cluster in accordance with an approval of the cluster as a conditional use under
s. 91.46 (1) (e).
91.44(1)(e)
(e) Undeveloped natural resource and open space areas.
91.44(1)(f)
(f) A transportation, utility, communication, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.
91.44(1)(g)
(g) Other uses identified by the department by rule.
91.44(2)
(2) The department may promulgate rules imposing additional limits on the permitted uses that may be allowed in a farmland preservation zoning district in order for a farmland preservation zoning ordinance to comply with
s. 91.42.
91.44 History
History: 2009 a. 28.
91.46
91.46
Conditional uses. 91.46(1)(1)
General. Except as provided in
s. 84.01 (34), a farmland preservation zoning ordinance does not comply with
s. 91.42 if the farmland preservation zoning ordinance allows as a conditional use in a farmland preservation zoning district a land use other than the following land uses:
91.46(1)(d)
(d) Nonfarm residences that qualify under
sub. (2) or that meet more restrictive standards in the farmland preservation zoning ordinance.
91.46(1)(e)
(e) Nonfarm residential clusters that qualify under
sub. (3) or that meet more restrictive standards in the farmland preservation zoning ordinance.
91.46(1)(f)
(f) Transportation, communications, pipeline, electric transmission, utility, or drainage uses that qualify under
sub. (4).
91.46(1)(g)
(g) Governmental, institutional, religious, or nonprofit community uses, other than uses covered by
par. (f), that qualify under
sub. (5).
91.46(1)(h)
(h) Nonmetallic mineral extraction that qualifies under
sub. (6).
91.46(1)(i)
(i) Oil and gas exploration or production that is licensed by the department of natural resources under
subch. II of ch. 295.
91.46(1)(j)
(j) Other uses allowed by the department by rule.
91.46(1m)
(1m) Additional limitations. The department may promulgate rules imposing additional limits on the conditional uses that may be allowed in a farmland preservation zoning district in order for a farmland preservation zoning ordinance to comply with
s. 91.42.
91.46(2)
(2) Nonfarm residences. A proposed new nonfarm residence or a proposal to convert a farm residence to a nonfarm residence through a change in occupancy qualifies for the purposes of
sub. (1) (d) if the political subdivision determines that all of the following apply:
91.46(2)(a)
(a) The ratio of nonfarm residential acreage to farm acreage on the base farm tract on which the residence is or will be located will not be greater than 1 to 20 after the residence is constructed or converted to a nonfarm residence.
91.46(2)(b)
(b) There will not be more than 4 dwelling units in nonfarm residences, nor, for a new nonfarm residence, more than 5 dwelling units in residences of any kind, on the base farm tract after the residence is constructed or converted to a nonfarm residence.
91.46(2)(c)
(c) The location and size of the proposed nonfarm residential parcel, and, for a new nonfarm residence, the location of the nonfarm residence on that nonfarm residential parcel, will not do any of the following:
91.46(2)(c)1.
1. Convert prime farmland from agricultural use or convert land previously used as cropland, other than a woodlot, from agricultural use if on the farm there is a reasonable alternative location or size for a nonfarm residential parcel or nonfarm residence.
91.46(2)(c)2.
2. Significantly impair or limit the current or future agricultural use of other protected farmland.
91.46(3)
(3) Nonfarm residential cluster. A political subdivision may issue one conditional use permit that covers more than one nonfarm residence in a qualifying nonfarm residential cluster. A nonfarm residential cluster qualifies for the purposes of
sub. (1) (e) if all of the following apply:
91.46(3)(a)
(a) The parcels on which the nonfarm residences would be located are contiguous.
91.46(3)(b)
(b) The political subdivision imposes legal restrictions on the construction of the nonfarm residences so that if all of the nonfarm residences were constructed, each would satisfy the requirements under
sub. (2).
91.46(4)
(4) Transportation, communications, pipeline, electric transmission, utility, or drainage use. A transportation, communications, pipeline, electric transmission, utility, or drainage use qualifies for the purposes of
sub. (1) (f) if the political subdivision determines that all of the following apply:
91.46(4)(a)
(a) The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.
91.46(4)(b)
(b) The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.
91.46(4)(c)
(c) The use is reasonably designed to minimize conversion of land, at and around the site of the use, from agricultural use or open space use.
91.46(4)(d)
(d) The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
91.46(4)(e)
(e) Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.
91.46(5)
(5) Governmental, institutional, religious, or nonprofit community use. A governmental, institutional, religious, or nonprofit community use qualifies for the purposes of
sub. (1) (g) if the political subdivision determines that all of the following apply:
91.46(5)(a)
(a) The use and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.
91.46(5)(b)
(b) The use and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law.
91.46(5)(c)
(c) The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use.
91.46(5)(d)
(d) The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
91.46(5)(e)
(e) Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.
91.46(6)
(6) Nonmetallic mineral extraction. Nonmetallic mineral extraction qualifies for the purposes of
sub. (1) (h) if the political subdivision determines that all of the following apply:
91.46(6)(a)
(a) The operation complies with
subch. I of ch. 295 and rules promulgated under that subchapter, with applicable provisions of the local ordinance under
s. 295.13 or
295.14, and with any applicable requirements of the department of transportation concerning the restoration of nonmetallic mining sites.
91.46(6)(b)
(b) The operation and its location in the farmland preservation zoning district are consistent with the purposes of the farmland preservation zoning district.
91.46(6)(c)
(c) The operation and its location in the farmland preservation zoning district are reasonable and appropriate, considering alternative locations outside the farmland preservation zoning district, or are specifically approved under state or federal law.
91.46(6)(d)
(d) The operation is reasonably designed to minimize the conversion of land around the extraction site from agricultural use or open space use.
91.46(6)(e)
(e) The operation does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
91.46(6)(f)
(f) The farmland preservation zoning ordinance requires the owner to restore the land to agricultural use, consistent with any required locally approved reclamation plan, when extraction is completed.
91.46 History
History: 2009 a. 28.
91.48
91.48
Rezoning of land out of a farmland preservation zoning district. 91.48(1)(1) A political subdivision with a certified farmland preservation zoning ordinance may rezone land out of a farmland preservation zoning district without having the rezoning certified under
s. 91.36, if all of the following apply:
91.48(1)(a)
(a) The political subdivision finds all of the following, after public hearing:
91.48(1)(a)1.
1. The land is better suited for a use not allowed in the farmland preservation zoning district.
91.48(1)(a)2.
2. The rezoning is consistent with any applicable comprehensive plan.
91.48(1)(a)3.
3. The rezoning is substantially consistent with the county certified farmland preservation plan.
91.48(1)(a)4.
4. The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
91.48(1)(b)
(b) Beginning on January 1, 2010, the person who requests the rezoning pays to the political subdivision, for each rezoned acre or portion thereof, a conversion fee equal to the greater of the following:
91.48(1)(b)1.
1. Three times the per acre value, for the year in which the land is rezoned, of the highest value category of tillable cropland in the city, village, or town in which the rezoned land is located, as specified by the department of revenue under
s. 73.03 (2a).
91.48(1)(b)2.
2. An amount specified in the certified farmland preservation zoning ordinance.
91.48(2)
(2) A political subdivision shall by March 1 of each year provide all of the following to the department:
91.48(2)(a)
(a) A report of the number of acres that the political subdivision has rezoned out of a farmland preservation zoning district under
sub. (1) during the previous year and a map that clearly shows the location of those acres.
91.48(2)(b)
(b) A report of the total amount of conversion fees that the political subdivision received as conversion fees under
sub. (1) (b) for the rezoned acres under
par. (a).
91.48(2)(c)
(c) A conversion fee equal to the amount under
sub. (1) (b) 1. for each rezoned acre reported under
par. (a).
91.48(3)
(3) A political subdivision that is not a county shall by March 1 of each year submit a copy of the information that it reports to the department under
sub. (2) (a) and
(b) to the county in which the political subdivision is located.
91.48(4)
(4) If a political subdivision fails to comply with
sub. (2), the department may withdraw the certification granted under s.
91.06, 2007 stats., or under
s. 91.36 for the political subdivision's farmland preservation zoning ordinance.
91.48 History
History: 2009 a. 28.
91.49
91.49
Use of conversion fee revenues. 91.49(1)
(1) All conversion fees received under
s. 91.48 (2) (c) shall be deposited in the working lands fund.
91.49(2)
(2) If a political subdivision specifies a conversion fee under
s. 91.48 (1) (b) 2. that is higher than the amount that is specified in
s. 91.48 (1) (b) 1. and required to be paid to the department under
s. 91.48 (2) (c), the political subdivision shall use the difference for its costs related to farmland preservation planning, zoning, or compliance monitoring.
91.49 History
History: 2009 a. 28.
91.50
91.50
Exemption from special assessments. 91.50(1)(1) Except as provided in
sub. (3), no political subdivision, special purpose district, or other local governmental entity may levy a special assessment for sanitary sewers or water against land in agricultural use, if the land is located in a farmland preservation zoning district.
91.50(2)
(2) A political subdivision, special purpose district, or other local governmental entity may deny the use of improvements for which the special assessment is levied to land that is exempt from the assessment under
sub. (1).
91.50(3)
(3) The exemption under
sub. (1) does not apply to an assessment that an owner voluntarily pays, after the assessing authority provides notice of the exemption under
sub. (1).
91.50 History
History: 2009 a. 28.
