91.82(1)(c)
(c) For the purpose of
par. (a), a county land conservation committee may do any of the following:
91.82(1)(c)1.
1. Inspect land that is covered by a farmland preservation agreement or farmland preservation zoning and that is in agricultural use.
91.82(1)(c)2.
2. Require an owner to certify, not more than annually, that the owner complies with
s. 91.80.
91.82(1)(d)
(d) At least once every 4 years, the department shall review each county land conservation committee's compliance with
par. (b).
91.82(2)(a)(a) A county land conservation committee shall issue a written notice of noncompliance to an owner if the committee finds that the owner has done any of the following:
91.82(2)(b)
(b) A county land conservation committee shall provide to the department of revenue a copy of each notice of noncompliance issued under
par. (a).
91.82(2)(c)
(c) If a county land conservation committee determines that an owner has corrected the failure described in a notice of noncompliance under
par. (a), it shall withdraw the notice of noncompliance and notify the owner and the department of revenue of the withdrawal.
91.82(3)
(3) Procedure. The department may promulgate rules prescribing procedures for the administration of this section by land conservation committees.
91.82 History
History: 2009 a. 28.
AGRICULTURAL ENTERPRISE AREAS
91.84
91.84
Agricultural enterprise areas; general. 91.84(1)(a)1.1. The department may by rule designate agricultural enterprise areas targeted for agricultural preservation and development.
91.84(1)(a)2.
2. The department may by rule modify or terminate the designation of an agricultural enterprise area.
91.84(1)(b)
(b) Subject to
par. (c), the department may designate agricultural enterprise areas with a combined area of not more than 1,000,000 acres of land.
91.84(1)(c)
(c) Before January 1, 2012, the department may designate not more than 15 agricultural enterprise areas with a combined area of not more than 200,000 acres of land.
91.84(1)(e)
(e) The department may not designate an area as an agricultural enterprise area unless all of the following apply:
91.84(1)(e)1.
1. The department receives a petition requesting the designation and the petition complies with
s. 91.86.
91.84(1)(e)3.
3. The parcels in the area are contiguous. Parcels that are only separated by a lake, stream, or transportation or utility right-of-way are contiguous for the purposes of this subdivision.
91.84(1)(e)4.
4. The area is located entirely in a farmland preservation area identified in a certified farmland preservation plan.
91.84(1)(e)5.
5. The land in the area is primarily in agricultural use.
91.84(1)(f)
(f) In designating agricultural areas under this subsection, the department shall give preference to areas that include at least 1,000 acres of land.
91.84(2)
(2) Emergency rules. The department may use the procedure under
s. 227.24 to promulgate a rule designating an agricultural preservation area or modifying or terminating the designation of an agricultural preservation area. Notwithstanding
s. 227.24 (1) (c) and
(2), a rule promulgated under this subsection remains in effect until the department modifies or repeals the rule. Notwithstanding
s. 227.24 (1) (a) and
(3), the department is not required to determine that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
91.84(3)
(3) Effect of designation. The designation of an area under
sub. (1) allows owners of eligible land within the area to enter into farmland preservation agreements with the department. If the department modifies or terminates the designation of an area under
sub. (1) and that modification or termination results in land covered by a farmland preservation agreement no longer being located in a designated area, the farmland preservation agreement remains in effect for the remainder of its term, but the department may not extend or renew the farmland preservation agreement.
91.84(4)
(4) Map. In a rule designating an agricultural enterprise area, the department shall include a map that clearly shows the boundaries of the proposed agricultural enterprise area so that a reader can easily determine whether a parcel of land is located within the agricultural enterprise area.
91.84(5)
(5) Effective date of designation. The designation of an agricultural enterprise area takes effect on January 1 of the calendar year following the year in which the rule designating the area is published, unless the rule specifies a later effective date.
91.84 History
History: 2009 a. 28.
91.86
91.86
Agricultural enterprise area; petition. 91.86(1)
(1)
Definition. In this section, "eligible farm" means a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which a petition is filed requesting the department to designate an area in which the farm is located as an agricultural enterprise area or a total of at least $18,000 in gross farm revenues during the 3 taxable years preceding the year in which a petition is filed.
91.86(2)(a)(a) The department may consider a petition requesting that it designate an area as an agricultural enterprise area if all of the following jointly file the petition:
91.86(2)(a)1.
1. Each political subdivision in which any part of the proposed agricultural enterprise area is located.
91.86(2)(a)2.
2. Owners of at least 5 eligible farms located in the area.
91.86(2)(b)
(b) Each petitioner under
par. (a) who is an individual shall sign the petition. For a petitioner that is not an individual, an authorized officer or representative shall sign the petition.
91.86(3)(a)(a) The department may not approve a petition requesting that it designate an area as an agricultural enterprise area unless the petition contains all of the following:
91.86(3)(a)1.
1. The correct legal name and principal address of each petitioner.
91.86(3)(a)2.
2. A summary of the petition that includes the purpose and rationale for the petition.
91.86(3)(a)3.
3. A map that clearly shows the boundaries of the proposed agricultural enterprise area so that a reader can easily determine whether a parcel of land is located within the proposed area.
91.86(3)(a)4.
4. Information showing that the proposed agricultural enterprise area meets the requirements under
s. 91.84 (1) (e).
91.86(3)(a)5.
5. A clear description of current land uses in the proposed agricultural enterprise area, including current agricultural uses, agriculture-related uses, transportation, utility, energy, and communication uses, and undeveloped natural resource and open space uses.
91.86(3)(a)6.
6. A clear description of the agricultural land use and development goals for the proposed agricultural enterprise area, including proposed agricultural uses, agriculture-related uses, and relevant transportation, utility, energy, and communication uses.
91.86(3)(a)7.
7. A plan for achieving the goals under
subd. 6., including any planned investments, grants, development incentives, cooperative agreements, land or easement purchases, land donations, and promotion and public outreach activities.
91.86(3)(a)8.
8. A description of any current or proposed land use controls in the proposed agricultural enterprise area, including farmland preservation agreements.
91.86(3)(b)
(b) Petitioners under
sub. (2) may include in the petition the names and addresses of other persons who propose to cooperate in achieving the goals under
par. (a) 6.
91.86 History
History: 2009 a. 28,
276.
