Wisconsin Legislature: Ch. ATCP 49 TOC

Chapter ATCP 49

FARMLAND PRESERVATION

Subchapter I — Definitions and General Provisions

ATCP 49.01 Definitions.

Subchapter II — Farmland Preservation Plans

ATCP 49.10 Farmland preservation plan certification.

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.

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.

Subchapter I — Definitions and General Provisions

ATCP 49.01 Definitions. In this chapter:

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

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.

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.

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

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

(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.

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.

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

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

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

(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.

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.

(4) “Communications use,” as used in s. 91.46 (1) (f), Stats., includes transmission lines, cell towers, antennae, and broadcast towers.

(5) “Consistent with” means furthers or does not contradict objectives, goals, and policies in a relevant document.

Note: This definition is similar to that found in s. 66.1001 (1) (am), Stats., for the comprehensive planning program. Under s. 91.10 (2), Stats., the farmland preservation plan is required to be “consistent with” the county’s comprehensive plan.

(6) “Contiguous” means adjacent to or sharing a common boundary.

Note: A political subdivision may choose to define “contiguous” lands as including lands separated by a road, stream, or section line, or as not including those separate lands. Contiguity is defined under s. 91.84 (1) (e) 3., Stats., specifically for the agricultural enterprise area program.

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

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

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

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

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

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

(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.

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

(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.

(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.

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.

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

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

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

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

(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.

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

(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.

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

Subchapter II — Farmland Preservation Plans

ATCP 49.10 Farmland preservation plan certification.

(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.

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.

(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.

(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.

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

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