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(e) Nonfarm residential clusters that qualify under sub. (3) or that meet more
14restrictive standards in the farmland preservation zoning ordinance.
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(f) Transportation, communications, pipeline, electric transmission, utility, or
16drainage uses that qualify under sub. (4).
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(g) Governmental, institutional, religious, or nonprofit community uses, other
18than uses covered by par. (f), that qualify under sub. (5).
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(h) Nonmetallic mineral extraction that qualifies under sub. (6).
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(i) Oil and gas exploration or production that is licensed by the department of
21natural resources under subch. II of ch. 295.
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(j) Other uses allowed by the department by rule.
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23(1m) Additional limitations. The department may promulgate rules imposing
24additional limits on the conditional uses that may be allowed in a farmland
1preservation zoning district in order for a farmland preservation zoning ordinance
2to comply with s. 91.42.
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3(2) Nonfarm residences. A nonfarm residence qualifies for the purposes of sub.
4(1) (d) if the political subdivision determines that all of the following apply:
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(a) The ratio of nonfarm residential acreage to farm acreage on the base farm
6tract on which the nonfarm residence will be located will not be greater than 1 to 20
7after the nonfarm residence is constructed.
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(b) There will not be more than 4 dwelling units in nonfarm residences, nor
9more than 5 dwelling units in residences of any kind, on the base farm tract after the
10nonfarm residence is constructed.
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(c) The location of the proposed nonfarm residential parcel, and the location of
12the nonfarm residence on that nonfarm residential parcel, will not do any of the
13following:
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1. Convert prime farmland from agricultural use or convert land previously
15used as cropland, other than a woodlot, from agricultural use if on the farm there are
16reasonable alternative locations for a nonfarm residential parcel or nonfarm
17residence.
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2. Significantly impair or limit the current or future agricultural use of other
19protected farmland.
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20(3) Nonfarm residential cluster. A political subdivision may issue one
21conditional use permit that covers more than one nonfarm residence in a qualifying
22nonfarm residential cluster. A nonfarm residential cluster qualifies for the purposes
23of sub. (1) (e) if all of the following apply:
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(a) The parcels on which the nonfarm residences would be located are
25contiguous.
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1(b) The political subdivision imposes legal restrictions on the construction of
2the nonfarm residences so that if all of the nonfarm residences were constructed,
3each would satisfy the requirements under sub. (2).
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4(4) Transportation, communications, pipeline, electric transmission, utility,
5or drainage use. A transportation, communications, pipeline, electric transmission,
6utility, or drainage use qualifies for the purposes of sub. (1) (f) if the political
7subdivision determines that all of the following apply:
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(a) The use and its location in the farmland preservation zoning district are
9consistent with the purposes of the farmland preservation zoning district.
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(b) The use and its location in the farmland preservation zoning district are
11reasonable and appropriate, considering alternative locations, or are specifically
12approved under state or federal law.
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(c) The use is reasonably designed to minimize conversion of land, at and
14around the site of the use, from agricultural use or open space use.
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(d) The use does not substantially impair or limit the current or future
16agricultural use of surrounding parcels of land that are zoned for or legally restricted
17to agricultural use.
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(e) Construction damage to land remaining in agricultural use is minimized
19and repaired, to the extent feasible.
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20(5) Governmental, institutional, religious, or nonprofit community use. A
21governmental, institutional, religious, or nonprofit community use qualifies for the
22purposes of sub. (1) (g) if the political subdivision determines that all of the following
23apply:
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(a) The use and its location in the farmland preservation zoning district are
25consistent with the purposes of the farmland preservation zoning district.
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1(b) The use and its location in the farmland preservation zoning district are
2reasonable and appropriate, considering alternative locations, or are specifically
3approved under state or federal law.
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(c) The use is reasonably designed to minimize the conversion of land, at and
5around the site of the use, from agricultural use or open space use.
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(d) The use does not substantially impair or limit the current or future
7agricultural use of surrounding parcels of land that are zoned for or legally restricted
8to agricultural use.
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(e) Construction damage to land remaining in agricultural use is minimized
10and repaired, to the extent feasible.
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11(6) Nonmetallic mineral extraction. Nonmetallic mineral extraction
12qualifies for the purposes of sub. (1) (h) if the political subdivision determines that
13all of the following apply: