91.60(2)(a)
(a) The land is operated as part of a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which the owner applies for a farmland preservation agreement or a total of at least $18,000 in gross farm revenues during the last 3 taxable years preceding the year in which the owner applies for a farmland preservation agreement.
91.60(2)(b)
(b) The land is located in a farmland preservation area identified in a certified farmland preservation plan.
91.60(2)(c)
(c) The land is in an agricultural enterprise area designated under
s. 91.84.
91.60(3)(a)(a) Except as provided in
par. (c) or
s. 91.66, a farmland preservation agreement entered into before July 1, 2009, remains in effect for the term specified in the agreement and under the terms that were agreed upon when the agreement was last created, extended, or renewed.
91.60(3)(b)
(b) The department may not extend or renew a farmland preservation agreement entered into before July 1, 2009.
91.60(3)(c)
(c) The department and an owner of land who entered into a farmland preservation agreement before July 1, 2009, may agree to modify the farmland preservation agreement in order to allow the owner to claim the tax credit under
s. 71.613 rather than the tax credit for which the owner would otherwise be eligible.
91.60 History
History: 2009 a. 28.
91.62
91.62
Farmland preservation agreements; requirements. 91.62(1)(1)
Contents. The department may not enter into a farmland preservation agreement unless the agreement does all of the following:
91.62(1)(b)
(b) Includes a correct legal description of the tract of land covered by the farmland preservation agreement.
91.62(1)(c)
(c) Includes provisions that restrict the tract of land to the following uses:
91.62(1)(c)2.
2. Undeveloped natural resource and open space uses.
91.62(2)
(2) Form. The department shall specify a form for farmland preservation agreements that complies with
s. 59.43 (2m).
91.62(3)
(3) Effectiveness. A farmland preservation agreement takes effect when it is signed by all owners of the land covered by the farmland preservation agreement and by the department.
91.62(4)
(4) Recording. The department shall provide a copy of a signed farmland preservation agreement to a person designated by the signing owners and shall promptly present the signed agreement to the register of deeds for the county in which the land is located for recording.
91.62(5)
(5) Change of ownership. A farmland preservation agreement is binding on a person who purchases land during the term of a farmland preservation agreement that covers the land.
91.62 History
History: 2009 a. 28.
91.64
91.64
Applying for a farmland preservation agreement. 91.64(1)(1)
Submitting an application. An owner who wishes to enter into a farmland preservation agreement shall submit an application, on a form provided by the department, to the county clerk of the county in which the land is located.
91.64(2)
(2) Contents of application. A person submitting an application under
sub. (1) shall include all of the following in the application:
91.64(2)(a)
(a) The name and address of each person who has an ownership interest in the land proposed for coverage by the agreement.
91.64(2)(b)
(b) The location of the land proposed for coverage, indicated by street address, global positioning system coordinates, or township, range, and section.
91.64(2)(c)
(c) The legal description of the land proposed for coverage.
91.64(2)(d)
(d) A map or aerial photograph of the land proposed for coverage, showing parcel boundaries, residences and other structures, and significant natural features.
91.64(2)(e)
(e) Information showing that the land proposed for coverage is eligible under
s. 91.60 (2).
91.64(2)(f)
(f) A description of every existing mortgage, easement, and lien, other than liens on growing crops, on land proposed for coverage, including the name and address of the person holding the lien, mortgage, or easement.
91.64(2)(g)
(g) A signed agreement from each person required to be identified under
par. (f) subordinating the person's lien, mortgage, or easement to the agreement.
91.64(2)(h)
(h) Any other information required by the department by rule.
91.64(2m)
(2m) County processing fee. A county may charge a reasonable fee for processing an application for a farmland preservation agreement.
91.64(3)(a)(a) A county shall review an application under
sub. (2) to determine whether the land proposed for coverage meets the requirements under
s. 91.60 (2) (b) and
(c). The county shall provide its findings to the applicant in writing within 60 days after the day on which the county clerk receives a complete application.
91.64(3)(b)
(b) If the county finds under
par. (a) that the land proposed for coverage meets the requirements under
s. 91.60 (2) (b) and
(c), the county shall promptly send all of the following to the department, along with any other comments that the county chooses to provide:
91.64(3)(b)1.
1. The original application, including all of the information provided with the application.
91.64(4)
(4) Department action on application. 91.64(4)(a)(a) The department may prepare a farmland preservation agreement that complies with
s. 91.62 and enter into the farmland preservation agreement under
s. 91.60 (1) based on a complete application and on county findings under
sub. (3) (b).
91.64(4)(b)
(b) The department may decline to enter into a farmland preservation agreement for any of the following reasons:
91.64 History
History: 2009 a. 28.
91.66
91.66
Terminating a farmland preservation agreement. 91.66(1)(1) The department may terminate a farmland preservation agreement or release land from a farmland preservation agreement at any time if all of the following apply:
91.66(1)(a)
(a) All of the owners of land covered by the farmland preservation agreement consent to the termination or release, in writing.
91.66(1)(b)
(b) The department finds that the termination or release will not impair or limit agricultural use of other protected farmland.
91.66(1)(c)
(c) The owners of the land pay to the department, for each acre or portion thereof released from the farmland preservation agreement, a conversion fee equal to 3 times the per acre value, for the year in which the farmland preservation agreement is terminated or the land is released, of the highest value category of tillable cropland in the city, village, or town in which the land is located, as specified by the department of revenue under
s. 73.03 (2a).
91.66(1m)
(1m) All conversion fees received under
sub. (1) (c) shall be deposited in the working lands fund.
91.66(2)
(2) The department shall provide a copy of its decision to terminate a farmland preservation agreement or release land from a farmland preservation agreement to a person designated by the owners of the land and shall present a copy of the decision to the register of deeds for the county in which the land is located for recording.
91.66 History
History: 2009 a. 28.
91.68
91.68
Violations of farmland preservation agreements. 91.68(1)(1) The department may bring an action in circuit court to do any of the following:
91.68(1)(a)
(a) Enforce a farmland preservation agreement.
91.68(1)(b)
(b) Restrain, by temporary or permanent injunction, a change in land use that violates a farmland preservation agreement.
91.68(1)(c)
(c) Seek a civil forfeiture for a change in land use that violates a farmland preservation agreement.
91.68(2)
(2) A forfeiture under
sub. (1) (c) may not exceed twice the fair market value of the land covered by the agreement at the time of the violation.
91.68 History
History: 2009 a. 28.
91.70
91.70
Farmland preservation agreements; exemption from special assessments. 91.70(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 covered by a farmland preservation agreement.
91.70(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).
91.70(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).
91.70 History
History: 2009 a. 28.
SOIL AND WATER CONSERVATION
91.80
91.80
Soil and water conservation by persons claiming tax credits. An owner claiming farmland preservation tax credits under
s. 71.613 shall comply with applicable land and water conservation standards promulgated by the department under
ss. 92.05 (3) (c) and
(k),
92.14 (8), and
281.16 (3) (b) and
(c).
91.80 History
History: 2009 a. 28.
91.82
91.82
Compliance monitoring. 91.82(1)(a)(a) A county land conservation committee shall monitor compliance with
s. 91.80.
91.82(1)(b)
(b) For the purpose of
par. (a), a county land conservation committee shall inspect each farm for which the owner claims farmland preservation tax credits under
subch. IX of ch. 71 at least once every 4 years.
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.
