ATCP 49.01(7) (7) “Crop” means a cultivated plant that includes any of the following:

ATCP 49.01(7)(a) (a) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans.

ATCP 49.01(7)(b) (b) Fruits, including apples, grapes, cranberries, cherries, and berries.

ATCP 49.01(7)(c) (c) Vegetables, including tomatoes, carrots, sweet corn, and squash.

ATCP 49.01(7)(d) (d) Plants raised for culinary, medicinal, or aesthetic purposes, including herbs and spices, ginseng, and ornamental shrubs and trees.

ATCP 49.01(7)(e) (e) Plants raised for energy production, including switchgrass, or textile use, including cotton or bamboo.

ATCP 49.01(8) (8) “Department” means the state of Wisconsin department of agriculture, trade and consumer protection.

ATCP 49.01(9) (9) “Drainage use,” as used in s. 91.46 (1) (f), Stats., includes drainage ditches and drains, as defined in s. 88.01 (8), Stats.

ATCP 49.01(10) (10) “Electric transmission use,” as used in s. 91.46 (1) (f), Stats., includes high voltage lines and electric substations.

ATCP 49.01(11) (11) “Farm family business” means a business operated by the owner or operator, or resident family member of the owner or operator, of a farm, that is not associated with an agricultural use, that requires no buildings, structures, or improvements other than those described in s. 91.01 (1) (a) or (c), Stats., that employs no more than 4 full-time non-family employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

ATCP 49.01(12) (12) “Forest management,” as used in s. 91.01 (2) (a) 7., Stats., means private forest lands and woodlands managed in accordance with any type of written management plan, including a plan prepared under the state’s managed forest law.

ATCP 49.01 Note Note: This includes land that is designated as managed forest land under a forest tax program established in ss. 77.80 to 77.91, Stats. Though active agricultural land may not qualify for the managed forest law program under ss. 77.82 (1) (b) 1. and 77.875, Stats., land covered by the managed forest law program can qualify as an agricultural use for the purposes of the farmland preservation program. A wooded lot that is not actively managed under a written management plan may be included in a farmland preservation zoning district as an open space or natural resource area but may not be included as an agricultural use. Government-owned woodlands may also be included as an open space or natural resource area.

ATCP 49.01(13) (13) “Governmental use,” as used in s. 91.46 (1) (g), Stats., includes community centers, police and fire facilities, public parks, and town halls.

ATCP 49.01(14) (14) “Pipeline use,” as used in s. 91.46 (1) (f), Stats., includes oil and gas pipelines.

ATCP 49.01(15) (15) “Political subdivision” has the meaning given in s. 91.01 (24), Stats.

ATCP 49.01(16) (16) “Secretary” means the secretary of the department of agriculture, trade and consumer protection.

ATCP 49.01(17) (17) “Spatial location data” means data referenced to a specific coordinate system that identifies the boundaries and spatial extent of parcels of land included in a farmland preservation area or a farmland preservation zoning district.

ATCP 49.01(18) (18) “Transportation use,” as used in s. 91.46 (1) (f), Stats., includes roads and rail facilities.

ATCP 49.01(19) (19) “Utility use,” as used in s. 91.46 (1) (f), Stats., includes facilities for the generation of electricity from sunlight, wind, coal, or natural gas.

ATCP 49.01 History History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.

subch. II of ch. ATCP 49 Subchapter II — Farmland Preservation Plans

ATCP 49.10 ATCP 49.10 Farmland preservation plan certification.

ATCP 49.10(1) (1) Certification expiration. The certification of a farmland preservation plan expires on the date provided in the most recent certification of the plan or its amendment, or, if the certification does not provide an expiration date, on the date provided under s. 91.14, Stats. If a county with an expired plan does not obtain certification of a farmland preservation plan by December 31 of the year following the certification expiration date of the plan, the department may withdraw certification of any zoning ordinances within the county under the procedures in s. ATCP 49.29, effective on December 31 of the year following the year of plan expiration.

ATCP 49.10 Note Note: If a county plan expires on December 31, 2014, the county has until December 31, 2015, to obtain certification of the plan by the department. If the plan is not certified by the department by December 31, 2015, the department may withdraw certification of any zoning ordinances in the county, effective December 31, 2015. Under s. 71.613 (1) (h) 2., Stats., the landowners with land in these farmland preservation zoning districts could not claim tax credits on those lands for the tax year 2015, since certification must be in effect on the last day of the calendar year in order for a plan to be considered certified. The county is not precluded from seeking future certification of its farmland preservation plan.

ATCP 49.10(2) (2) Certification expiration extension. The secretary may delay the expiration date of the certification of a county’s farmland preservation plan for up to 2 years upon a written request from the county demonstrating to the secretary’s satisfaction that a delay would allow the county to coordinate the farmland preservation planning process with other planning or zoning efforts in the county.

ATCP 49.10(3) (3) Amendments and certification. If, after July 1, 2009, a county amends a farmland preservation plan in accordance with s. 66.1001 (4), Stats., the amendment shall be submitted to the department for certification.

ATCP 49.10 Note Note: Under s. 91.16 (8), Stats., amendments are not effective unless certified by the department.

ATCP 49.10 History History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.

ATCP 49.12 ATCP 49.12 Certification standards. The department may certify a county’s farmland preservation plan under s. 91.16, Stats., if that plan complies with the requirements in s. 91.10 (1) and (2), Stats., and all of the following: