93.53
93.53
Beginning farmer and farm asset owner tax credit eligibility. 93.53(1)(1)
Definitions. In this section:
93.53(1)(a)
(a) "Agricultural asset" means machinery, equipment, facilities, or livestock that is used in farming.
93.53(1)(b)
(b) "Beginning farmer" means an individual who meets the conditions specified in
sub. (2).
93.53(1)(c)
(c) "Educational institution" means the Wisconsin Technical College System, the University of Wisconsin-Extension, the University of Wisconsin-Madison, or any other institution that is approved by the department under
sub. (6) (a).
93.53(1)(d)
(d) "Established farmer" means a person who meets the conditions specified in
sub. (3).
93.53(1)(e)
(e) "Farming" has the meaning given in section
464 (e) (1) of the Internal Revenue Code.
93.53(1)(f)
(f) "Financial management program" means a course in farm financial management that is offered by an educational institution.
93.53(2)
(2) Beginning farmer. An individual is a beginning farmer for the purposes of
s. 71.07 (8r),
71.28 (8r), or
71.47 (8r) if, at the time that the individual submits an application under
sub. (4), all of the following apply:
93.53(2)(a)
(a) The individual has a net worth of less than $200,000.
93.53(2)(b)
(b) The individual has farmed for fewer than 10 years out of the preceding 15 years.
93.53(2)(c)
(c) The individual has entered into a lease for a term of at least 3 years with an established farmer for the use of the established farmer's agricultural assets by the beginning farmer.
93.53(2)(d)
(d) The individual uses the leased agricultural assets for farming.
93.53(3)
(3) Established farmer. A person is an established farmer for the purposes of
s. 71.07 (8r),
71.28 (8r), or
71.47 (8r) if, at the time that the person submits an application under
sub. (4), all of the following apply:
93.53(3)(a)
(a) The person has engaged in farming for a total of at least 10 years.
93.53(3)(c)
(c) The person has entered into a lease for a term of at least 3 years with a beginning farmer for the use of the person's agricultural assets by the beginning farmer.
93.53(4)(a)(a) In order for an experienced farmer to claim the farm asset owner tax credit under
s. 71.07 (8r) (b) 2.,
71.28 (8r), or
71.47 (8r), the experienced farmer and the beginning farmer who is leasing agricultural assets from the experienced farmer shall each submit an application to the department.
93.53(4)(b)
(b) An established farmer shall include in the application under this subsection the established farmer's name and address, information showing that the established farmer satisfies the conditions in specified in
sub. (3), a description of the leased agricultural assets and their location, a copy of the lease, and any other information required by the department.
93.53(4)(c)
(c) A beginning farmer shall include all of the following in an application under this subsection:
93.53(4)(c)2.
2. Information showing that the beginning farmer satisfies the conditions in
sub. (2).
93.53(4)(c)3.
3. A business plan that includes a current balance sheet and projected balance sheets for 3 years, cash flow statements, and income statements along with a detailed description of all significant accounting assumptions used in developing the financial projections.
93.53(4)(c)4.
4. A description of the beginning farmer's education, training, and experience in the type of farming in which the beginning farmer uses the leased agricultural assets.
93.53(4)(c)5.
5. A copy of the beginning farmer's completed federal profit or loss from farming form, schedule F, or other documentation approved by the department under
sub. (6).
93.53(4)(c)6.
6. Any other information required by the department.
93.53(4)(d)
(d) If a beginning farmer wishes to claim the beginning farmer educational credit under
s. 71.07 (8r) (b) 1., the beginning farmer shall also include in the application under this subsection a description of the financial management program completed by the beginning farmer and a statement of the amount that the beginning farmer paid the educational institution to enroll in the financial management program.
93.53(5)
(5) Evaluation and certification. 93.53(5)(b)3.
3. The department determines that the business plan submitted under
sub. (4) (c) 3. and the education, training, or experience described under
sub. (4) (c) 4. show that the beginning farmer has sufficient resources and education, training, or experience for the type of farming in which the beginning farmer uses the leased agricultural assets.
93.53(5)(c)
(c) The department shall provide a beginning farmer with a certificate of eligibility for the beginning farmer educational credit under
s. 71.07 (8r) (b) 1. if the department has issued a certificate of eligibility under
par. (b) for the experienced farmer from whom the beginning farmer leases farm assets and the information provided under
sub. (4) (d) shows that the beginning farmer has completed a financial management program.
93.53(6)(a)(a) The department may approve providers of courses in farm financial management for the purposes of the beginning farmer educational credit under
s. 71.07 (8r) (b) 1.
93.53(6)(c)
(c) The department may assist beginning farmers to develop business plans for the purposes of
sub. (4) (c) 3. and may assist in the negotiation of leases of farm assets that may enable persons to qualify for tax credits under
s. 71.07 (8r),
71.28 (8r), or
71.47 (8r).
93.53 History
History: 2009 a. 28.
93.55
93.55
Chemical and container collection grants. 93.55(1)(1)
Definitions. In this section:
93.55(1)(a)
(a) "Chemical" means a chemical, including a pesticide, that is used for agricultural purposes.
93.55(2)
(2) Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection may not fund more than 75 percent of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in
s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under
s. 20.115 (7) (va).
93.55(2m)
(2m) Farmer liability. To the extent permitted under federal regulations, a county establishing a chemical and container collection program under
sub. (2), in cooperation with the department, shall ensure that a farmer, as defined in
s. 102.04 (3), who participates in the program is not liable for chemicals or chemical containers collected under the program after the farmer relinquishes control over the chemicals or chemical containers.
93.55 Cross-reference
Cross-reference: See also ch.
ATCP 34, Wis. adm. code.
93.57
93.57
Household hazardous waste. The department shall administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste. The department may also provide grants under this section for county, municipal, and regional planning commission programs to collect unwanted prescription drugs. The department may not make a grant under this section in an amount that exceeds 75 percent of the cost of a program. The department shall allocate two-thirds of the funds available from the appropriation account under
s. 20.115 (7) (va) in each fiscal year for grants under this section.
93.57 History
History: 1985 a. 29;
1995 a. 227 s.
699; Stats. 1995 s. 299.41;
2001 a. 109;
2003 a. 33 s.
2481s; Stats. 2003 s. 93.57;
2007 a. 20.
93.57 Cross-reference
Cross-reference: See also chs.
ATCP 34 and
NR 187, Wis. adm. code.
93.60
93.60
Grazing lands conservation grant. The department shall award a grant in each fiscal year, from the appropriation account under
s. 20.115 (4) (s), for technical education and research under the Wisconsin grazing lands conservation initiative.
93.60 History
History: 2007 a. 20.
93.70
93.70
Conservation reserve enhancement program. 93.70(1)(1) The department may expend funds from the appropriation account under
s. 20.866 (2) (wf) to improve water quality, erosion control and wildlife habitat through participation by this state in the conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under
16 USC 3834 (f) (4).
93.70(2)
(2) The department may not make a payment under
sub. (1) to a person whose name appears on the statewide support lien docket under
s. 49.854 (2) (b), unless the person provides to the department a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
93.70 History
History: 1999 a. 9;
2003 a. 33.
93.73
93.73
Purchase of agricultural conservation easements. 93.73(1)(1)
Legislative findings. The legislature finds all of the following:
93.73(1)(a)
(a) That the preservation of farmland is important for current and future agricultural production in this state, including the production of food and other products needed to sustain the life, health, and welfare of the people of this state.
93.73(1)(b)
(b) That the preservation of farmland is important for the current and future state economy and for the current and future environment of this state.
93.73(1)(c)
(c) That purchases of agricultural conservation easements, as provided in this section, serve important public purposes of statewide significance.
93.73(1m)(a)
(a) "Agricultural conservation easement" means a conservation easement, as defined in
s. 700.40 (1) (a), the purpose of which is to assure the availability of land for agricultural use.
93.73(1m)(b)
(b) "Agricultural use" means any of the following:
93.73(1m)(b)1.
1. Any of the following activities conducted for the purpose of producing an income or livelihood:
93.73(1m)(b)1.i.
i. Enrollment of land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.
93.73(1m)(b)2.
2. Any other use that the department, by rule, identifies as an agricultural use.
93.73(1m)(c)
(c) "Cooperating entity" means a political subdivision or nonprofit conservation organization.
93.73(1m)(d)
(d) "Fair market value" means value as determined by a professional appraisal that is approved by the department.
93.73(1m)(dm)
(dm) "Livestock" means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish.
93.73(1m)(e)
(e) "Nonprofit conservation organization" means a nonstock corporation, charitable trust, or other entity whose purposes include the acquisition of property for conservation or agricultural preservation purposes, that is described in section
501 (c) (3) of the Internal Revenue Code, that is exempt from federal income tax under section
501 (a) of the Internal Revenue Code, and that is a qualified organization under section
170 (h) (3) of the Internal Revenue Code.
93.73(1m)(f)
(f) "Political subdivision" means a city, village, town, or county.
93.73(1m)(g)
(g) "Professional appraisal" means an appraisal conducted by a certified general appraiser, as defined in
s. 458.01 (8).
93.73(1m)(h)
(h) "Purchase cost" means the amount paid to a landowner to acquire an agricultural conservation easement from the landowner.
93.73(1m)(i)
(i) "Transaction costs" means out-of-pocket expenses incurred in connection with the acquisition, processing, recording, and documentation of an agricultural conservation easement, including out-of-pocket expenses for land surveys, land descriptions, real estate appraisals, title verification, preparation of legal documents, reconciliation of conflicting property interests, documentation of existing land uses, and closing. "Transaction costs" does not include costs incurred by a cooperating entity for staffing, overhead, or operations.
93.73(2)(a)(a) The department shall administer a program under which it, together with cooperating entities, purchases agricultural conservation easements from willing landowners. The department may pay as its share of the cost to purchase an agricultural conservation easement under this section an amount that does not exceed the sum of the following:
93.73(2)(a)1.
1. Fifty percent of the fair market value of the agricultural conservation easement.
93.73(2)(a)2.
2. The reasonable transaction costs related to the purchase of the agricultural conservation easement.
93.73(2)(am)
(am) The willingness of a landowner to convey an agricultural conservation easement for less than full market value does not reduce the amount that the department may pay as its share of the cost to purchase the agricultural conservation easement.
