ATCP 49.12   Certification standards.

ATCP 49.14   Applying for certification of a plan or a plan amendment.

Subchapter III — Farmland Preservation Zoning

ATCP 49.20   General.

ATCP 49.22   Permitted uses.

ATCP 49.23   Conditional uses.

ATCP 49.24   Zoning ordinance certification expiration.

ATCP 49.25   Certification standards.

ATCP 49.26   Applying for ordinance certification.

ATCP 49.27   Applying for certification of an ordinance amendment.

ATCP 49.29   Withdrawal of certification.

Subchapter IV – Farmland Preservation Agreements

ATCP 49.30   Farmland preservation agreements; denial of application.

Ch. ATCP 49 Note Note: This chapter implements Wisconsin’s farmland preservation program under ch. 91, Stats. The purposes of the farmland preservation program are to preserve agricultural lands, to promote soil and water conservation, to promote orderly land use planning and development, and to provide tax credits for owners of farmland covered by the program. This chapter is adopted under ss. 91.02 and 93.07 (1), Stats.

subch. I of ch. ATCP 49 Subchapter I — Definitions and General Provisions

ATCP 49.01 ATCP 49.01 Definitions. In this chapter:

ATCP 49.01(1) (1) “Accessory use” has the meaning given in s. 91.01 (1), Stats.

ATCP 49.01 Note Note: A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use under s. 91.01 (1) (a) includes facilities on the farm used to: store or process raw agricultural commodities primarily produced on the farm, keep livestock, keep or service vehicles or equipment primarily used on the farm, provide veterinary services to livestock on the farm, or store or process inputs for agricultural uses primarily on the farm. Such buildings and structures may also include greenhouses, roadside stands, and agricultural research facilities selling or utilizing agricultural products produced primarily on the farm, as well as facilities to produce energy primarily from the farm’s products, or primarily for use on the farm, such as wind turbines, solar energy structures, manure digesters, or bio-fuel facilities. A waste storage or processing facility to store or process animal waste produced on the farm may also be considered an accessory use.

ATCP 49.01 Note Note: An activity or business operation that is an integral part of, or incidental to, an agricultural use under s. 91.01 (1) (b), Stats., could include activities such as: direct sales from farm to customer, “you-pick” operations, crop mazes, and agricultural tourism operations.

ATCP 49.01(2) (2) “Agriculture-related use” means any of the following:

ATCP 49.01(2)(a) (a) An agriculture-related use as defined in s. 91.01 (3), Stats.

ATCP 49.01(2)(b) (b) A facility integral to an agricultural use, regardless of whether the facility is located on a farm, that relies on agricultural uses conducted primarily off-site.

ATCP 49.01 Note Note: These “agriculture-related uses” may include facilities to: provide agricultural supplies, equipment, fertilizers, pesticides, or other agricultural inputs or services to farms; store, process, handle, or market raw agricultural commodities; slaughter or process livestock that were primarily kept off-site; or process agricultural by-products or wastes produced primarily off-site. A manure digester, bio-fuel facility, or other facility that produces energy for use primarily off-site may also be considered an agriculture-related use.

ATCP 49.01(2)(c) (c) A facility used for providing veterinary services primarily to livestock, including the sale of supplies and pharmaceuticals related to animal husbandry.

ATCP 49.01(3) (3) “Base farm tract” means one of the following:

ATCP 49.01(3)(a) (a) A tract of land as defined in s. 91.01 (5) (a), Stats.

ATCP 49.01(3)(b) (b) All land, whether or not the parcels are contiguous, that is in a farmland preservation zoning district under the same zoning ordinance and that is part of a single farm on the date that the owner of the farm first creates a new lot or parcel from that farm, regardless of any subsequent changes in the size of the farm. All land, at the time of the creation of the new lot or parcel by the owner, is considered part of the same base farm tract, including the newly created lot or parcel.

ATCP 49.01 Note Note: Under this provision, the political subdivision may now choose to define “base farm tract” in any of the following ways: 1) all contiguous parcels in single ownership under the same zoning ordinance, on the date the department first certifies the ordinance, 2) all contiguous parcels in single ownership under the same zoning ordinance on a date, specified in the ordinance, which occurred before the department first certifies the ordinance, or 3) all parcels in single ownership under the same zoning ordinance on the date the owner first creates a new lot or parcel, which occurs after the department first certifies the ordinance. The political subdivision must choose one of these ways of defining “base farm tract” in its ordinance, and any further subdividing or ownership transfers does not affect that determination.