91.10 History
History: 2009 a. 28.
91.12
91.12
Certified plan. The following farmland preservation plans are certified, for the purposes of this chapter and
s. 71.613:
91.12(1)
(1) An agricultural preservation plan that was certified under s.
91.06, 2007 stats., if the certification has not expired.
91.12(2)
(2) A farmland preservation plan that was certified under
s. 91.16 if the certification has not expired or been withdrawn.
91.12 History
History: 2009 a. 28.
91.14
91.14
Expiration of plan certification. 91.14(1)
(1) Except as provided under
sub. (4), the certification of a farmland preservation plan that was certified under s.
91.06, 2007 stats., expires on the date provided in the certification or, if the certification does not provide an expiration date, on the following date:
91.14(1)(a)
(a) December 31, 2011, for a county with an increase in population density of more than 9 persons per square mile.
91.14(1)(b)
(b) December 31, 2012, for a county with an increase in population density of more than 3.75 but not more than 9 persons per square mile.
91.14(1)(c)
(c) December 31, 2013, for a county with an increase in population density of more than 1.75 but not more than 3.75 persons per square mile.
91.14(1)(d)
(d) December 31, 2014, for a county with an increase in population density of more than 0.8 but not more than 1.75 persons per square mile.
91.14(1)(e)
(e) December 31, 2015, for a county with an increase in population density of not more than 0.8 person per square mile.
91.14(2)
(2) The certification of a farmland preservation plan that the department certifies under
s. 91.16 expires on the date specified under
s. 91.16 (2).
91.14(3)
(3) For the purposes of
sub. (1), a county's increase in population density is the number by which the county's population per square mile based on the department of administration's 2007 population estimate under
s. 16.96 exceeds the county's population per square mile based on the 2000 federal census.
91.14(4)
(4) The secretary of agriculture, trade and consumer protection may delay the date for the expiration of a county's farmland preservation plan for up to 2 years beyond the date under
sub. (1) upon a written request from the county demonstrating to the secretary's satisfaction that a delay would allow the county to concurrently develop a farmland preservation plan and a comprehensive plan or an update to a comprehensive plan.
91.14 History
History: 2009 a. 28.
91.16
91.16
Certification of plan by the department. 91.16(1)
(1)
General. The department may certify a farmland preservation plan or an amendment to a farmland preservation plan as provided in this section.
91.16(2)(a)(a) The department may certify a farmland preservation plan for a period that does not exceed 10 years. The department shall specify the expiration date of the certification of the farmland preservation plan in the certification.
91.16(2)(b)
(b) The certification of an amendment to a certified farmland preservation plan expires on the date that the certification of the farmland preservation plan expires, except that the department may treat a comprehensive revision of a certified farmland preservation plan as a new farmland preservation plan and shall specify an expiration date for the certification of the revised farmland preservation plan as provided in
par. (a).
91.16(3)
(3) Scope of department review. 91.16(3)(a)(a) The department may certify a county's farmland preservation plan or an amendment to the farmland preservation plan based on the county's certification under
s. 91.20 (3), without conducting any additional review or audit.
91.16(3)(b)
(b) The department may do any of the following before it certifies a county's farmland preservation plan or amendment:
91.16(3)(b)1.
1. Review the farmland preservation plan or amendment for compliance with
s. 91.18.
91.16(3)(b)2.
2. Review and independently verify the application for certification, including the statement under
s. 91.20 (3).
91.16(4)
(4) Denial of certification. The department shall deny a county's application for certification of a farmland preservation plan or amendment if the department finds any of the following:
91.16(4)(a)
(a) That the farmland preservation plan or amendment does not comply with the requirements in
s. 91.18.
91.16(4)(b)
(b) That the application for certification does not comply with
s. 91.20.
91.16(5)
(5) Written decision; deadline. The department shall grant or deny an application for certification under this section no more than 90 days after the day on which the county submits a complete application, unless the county agrees to an extension. The department shall issue its decision in the form required by
s. 227.47 (1).
91.16(6)
(6) Conditional certification. The department may grant an application for certification under this section subject to conditions specified by the department in its decision under
sub. (5). The department may certify a farmland preservation plan or amendment contingent upon the county board adopting the farmland preservation plan or amendment as certified.
91.16(7)
(7) Effective date of certification. A certification under this section takes effect on the day on which the department issues its decision, except that if the department specifies conditions under
sub. (6), the certification takes effect on the day on which the department determines that the county has met the conditions.
91.16(8)
(8) Effectiveness of plan amendments. For purposes of this chapter and
s. 71.613, a certified farmland preservation plan does not include an amendment adopted after July 1, 2009, unless the department certifies the amendment.
91.16(9)
(9) Withdrawal of certification. The department may withdraw a certification that it granted under
sub. (3) (a) if the department finds that the farmland preservation plan materially violates the requirements under
s. 91.18.
91.16 History
History: 2009 a. 28.
91.18
91.18
Requirements for certification of plan. 91.18(1)
(1) A farmland preservation plan qualifies for certification under
s. 91.16 if it complies with all of the following:
91.18(1)(b)
(b) Any other requirements that the department specifies by rule.
91.18(2)
(2) An amendment to a farmland preservation plan qualifies for certification under
s. 91.16 if it complies with all of the requirements in
sub. (1) that are relevant to the amendment and it does not cause the farmland preservation plan to violate any of the requirements in
sub. (1).
91.18 History
History: 2009 a. 28.
91.20
91.20
Applying for certification of plan. A county seeking certification of a farmland preservation plan or amendment to a farmland preservation plan shall submit all of the following to the department in writing, along with any other relevant information that the county chooses to provide:
91.20(1)
(1) The proposed farmland preservation plan or amendment.
91.20(2)
(2) All of the following background information:
91.20(2)(a)
(a) A concise summary of the farmland preservation plan or amendment, including key changes from any previously certified farmland preservation plan.
91.20(2)(b)
(b) A concise summary of the process by which the farmland preservation plan or amendment was developed, including public hearings, notice to and involvement of other governmental units within the county, approval by the county, and identification of any key unresolved issues between the county and other governmental units within the county related to the farmland preservation plan or amendment.
91.20(2)(c)
(c) The relationship of the farmland preservation plan or amendment to any county comprehensive plan.
91.20(3)
(3) A statement, signed by the county corporation counsel and the county planning director or chief elected official, certifying that the farmland preservation plan or amendment complies with all of the requirements in
s. 91.18.
91.20(4)
(4) Other relevant information that the department requires by rule.
91.20 History
History: 2009 a. 28.
FARMLAND PRESERVATION ZONING
91.30
91.30
Authority to adopt. A political subdivision may adopt and administer a farmland preservation zoning ordinance in accordance with
s. 59.69,
60.61,
60.62, or
62.23.
91.30 History
History: 2009 a. 28.
91.32
91.32
Certified ordinance. The following zoning ordinances are certified, for the purposes of this chapter and
s. 71.613:
91.32(1)
(1) An exclusive agricultural use zoning ordinance that was certified under s.
91.06, 2007 stats., if the certification has not expired or been withdrawn.
91.32(2)
(2) A farmland preservation zoning ordinance that was certified under
s. 91.36 if the certification has not expired or been withdrawn.
91.32 History
History: 2009 a. 28.
91.34
91.34
Expiration of zoning certification. 91.34(1)
(1) Except as provided under
sub. (4), the certification of a farmland preservation zoning ordinance that was certified under s.
91.06, 2007 stats., expires on the date provided in the certification or, if the certification does not provide an expiration date, on the following date:
91.34(1)(a)
(a) December 31, 2012, for a county with an increase in population density of more than 9 persons per square mile or a city, village, or town in such a county.
91.34(1)(b)
(b) December 31, 2013, for a county with an increase in population density of more than 3.75 but not more than 9 persons per square mile or a city, village, or town in such a county.
91.34(1)(c)
(c) December 31, 2014, for a county with an increase in population density of more than 1.75 but not more than 3.75 persons per square mile or a city, village, or town in such a county.
91.34(1)(d)
(d) December 31, 2015, for a county with an increase in population density of more than 0.8 but not more than 1.75 persons per square mile or a city, village, or town in such a county.
91.34(1)(e)
(e) December 31, 2016, for a county with an increase in population density of not more than 0.8 person per square mile or a city, village, or town in such a county.
91.34(2)
(2) The certification of a farmland preservation zoning ordinance that the department certifies under
s. 91.36 expires on the date specified under
s. 91.36 (2).
91.34(3)
(3) For the purposes of
sub. (1), a county's increase in population density is the number by which the county's population per square mile based on the department of administration's 2007 population estimate under
s. 16.96 exceeds the county's population per square mile based on the 2000 federal census.
91.34(4)
(4) The secretary of agriculture, trade and consumer protection may delay the date for the expiration of a political subdivision's farmland preservation zoning ordinance for up to 2 years beyond the date under
sub. (1) upon a written request from the political subdivision demonstrating to the secretary's satisfaction that a delay would allow the political subdivision to concurrently develop a farmland preservation zoning ordinance and a comprehensive plan or an update to a comprehensive plan.
91.34 History
History: 2009 a. 28.
91.36
91.36
Certification of zoning ordinance by the department. 91.36(1)(1)
General. The department may certify a farmland preservation zoning ordinance or an amendment to a farmland preservation zoning ordinance as provided in this section.
91.36(2)(a)(a) The department may certify a farmland preservation zoning ordinance for a period that does not exceed 10 years. The department shall specify the expiration date of the certification of the farmland preservation zoning ordinance in the certification.
91.36(2)(b)
(b) The certification of an amendment to a certified farmland preservation zoning ordinance expires on the date that the certification of the farmland preservation zoning ordinance expires, except that the department may treat a comprehensive revision of a certified farmland preservation zoning ordinance as a new farmland preservation zoning ordinance and specify an expiration date for the certification of the revised farmland preservation zoning ordinance as provided in
par. (a).
91.36(3)
(3) Scope of department review. 91.36(3)(a)(a) The department may certify a farmland preservation zoning ordinance or amendment to a farmland preservation zoning ordinance based on statements submitted under
s. 91.40 (3) and
(4), without conducting any additional review or audit.
91.36(3)(b)
(b) The department may do any of the following before it certifies a farmland preservation zoning ordinance or amendment:
91.36(3)(b)1.
1. Review the farmland preservation zoning ordinance or amendment for compliance with the requirements under
s. 91.38.
91.36(3)(b)2.
2. Review and independently verify the application for certification, including the statements under
s. 91.40 (3) and
(4).
91.36(4)
(4) Denial of certification. The department shall deny an application for certification of a farmland preservation zoning ordinance or amendment if the department finds any of the following:
91.36(4)(a)
(a) That the farmland preservation zoning ordinance or amendment does not comply with the requirements in
s. 91.38.
91.36(4)(b)
(b) That the application for certification does not comply with
s. 91.40.
91.36(5)
(5) Written decision; deadline. The department shall grant or deny an application for certification under this section no more than 90 days after the day on which the political subdivision submits a complete application, unless the political subdivision agrees to an extension. The department shall issue its decision in the form required by
s. 227.47 (1).
91.36(6)
(6) Conditional certification. The department may grant an application for certification under this section subject to conditions specified by the department in its decision under
sub. (5). The department may certify a farmland preservation zoning ordinance or amendment contingent upon the political subdivision adopting the farmland preservation zoning ordinance or amendment as certified.
91.36(7)
(7) Effective date of certification. A certification under this section takes effect on the day on which the department issues the certification, except that if the department specifies conditions under
sub. (6), the certification takes effect on the day on which the department determines that the political subdivision has met the conditions.
91.36(8)
(8) Amendments to ordinances; certification. 91.36(8)(a)(a) Except as provided in
par. (b), an amendment to a certified farmland preservation zoning ordinance is automatically considered to be certified as part of the certified farmland preservation zoning ordinance.
91.36(8)(b)
(b) An amendment to a certified farmland preservation zoning ordinance that is one of the following and that is adopted after July 1, 2009, is not automatically considered to be certified:
91.36(8)(b)1.
1. An amendment that is a comprehensive revision of a certified farmland preservation zoning ordinance.
