ATCP 49.22 NoteNote: Residences, which may or may not be associated with a farm, that are constructed as of a date specified in the zoning ordinance text may be allowed as permitted uses in the district. These residences need not receive a conditional use permit unless the local government decides to require it and they need not follow the prior nonconforming use provisions found under s. 59.69 (10), 60.61 (5), or 62.23 (7) (h), Stats., unless mandated by the local government. ATCP 49.22 HistoryHistory: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14. ATCP 49.23ATCP 49.23 Conditional uses. In addition to the uses listed in s. 91.46, Stats., and s. ATCP 49.22, a proposed new single-family or duplex nonfarm dwelling may be allowed as a conditional use in a certified farmland preservation district. The new nonfarm dwelling is subject to legal restrictions established by the political subdivision which demonstrate to the department’s satisfaction that the restrictions will be as restrictive as the density standards for nonfarm residences set forth in s. 91.46 (2), Stats. ATCP 49.23 NoteNote: A political subdivision that chooses to allow limited nonfarm residences within the certified farmland preservation district may choose to implement the base farm tract concept defined in s. 91.01 (5), Stats., and applied through s. 91.46 (2) (c) 1. and 2., Stats., or may utilize an alternative provision developed at the local level. The political subdivision must demonstrate to the Secretary that the local provision limits nonfarm development to the same extent or more as the state statutes so that the alternative policy would not allow for both additional nonfarm residences to be built and more nonfarm residential acreage to be introduced into the farmland preservation district. The political subdivision may choose to apply a density restriction to all parcels in the district regardless of whether the parcels qualify as farms under the definition of farm in the ordinance. The conditional use permit for a nonfarm residence is an optional provision that a political subdivision may choose to include in a farmland preservation zoning ordinance. ATCP 49.23 HistoryHistory: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14. ATCP 49.24ATCP 49.24 Zoning ordinance certification expiration. ATCP 49.24(1)(1) Certification expiration. The certification of a farmland preservation zoning ordinance expires on the date provided in the most recent certification of the ordinance or its amendment, or, if the certification does not provide an expiration date, on the date provided under s. 91.34, Stats. If a local government with an expired ordinance does not obtain certification of a farmland preservation zoning ordinance by December 31 of the year following the expiration date, landowners covered by the zoning ordinance are not eligible to claim farmland preservation tax credits beginning in the year following the year of the expiration date. ATCP 49.24 NoteNote: If a farmland preservation zoning ordinance expires on December 31, 2014, the political subdivision has until December 31, 2015, to obtain certification of its ordinance by the department. If the political subdivision‘s ordinance is not certified by the department by December 31, 2015, all landowners with land located in the farmland preservation zoning district may not claim tax credits for tax year 2015. The political subdivision is not precluded from seeking future certification of its farmland preservation zoning ordinance.
ATCP 49.24(2)(2) Certification expiration extension. The secretary may delay the expiration date of the certification of a farmland preservation zoning ordinance for up to 2 years upon a written request from the political subdivision demonstrating to the secretary’s satisfaction that a delay would allow the political subdivision to coordinate updating the farmland preservation zoning ordinance with other planning efforts in the political subdivision. ATCP 49.24 HistoryHistory: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14. ATCP 49.25(1)(1) Qualifying for certification. The department may certify a farmland preservation zoning ordinance under s. 91.36, Stats., if that ordinance complies with the requirements in ss. 91.38 and 91.40, Stats., and this subchapter. ATCP 49.25(2)(2) Consistency with farmland preservation plan. At least 80% of the area planned for farmland preservation in each town, city, or village covered by a certified farmland preservation plan shall be included in the farmland preservation district or a district that imposes land use restrictions as restrictive as or more restrictive than the farmland preservation zoning district. The department may consider certifying a farmland preservation zoning ordinance that is between 70% and 80% consistent with a farmland preservation plan if the political subdivision can demonstrate to the secretary’s satisfaction a reasonable, objective justification for the lower level of consistency. ATCP 49.25 NoteNote: If an area is planned for farmland preservation but is not zoned for farmland preservation, it may be zoned as open space or conservancy. Such a zoning designation would be consistent with farmland preservation. Areas that are zoned for nonagricultural residential, commercial, or industrial use, however, would not be consistent with farmland preservation.
ATCP 49.25 HistoryHistory: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14. ATCP 49.26ATCP 49.26 Applying for ordinance certification. ATCP 49.26(1)(1) General. Except as provided under s. 91.36 (8), Stats., and s. ATCP 49.27, a political subdivision seeking certification of its farmland preservation ordinance shall submit an application to the department as provided in this section. ATCP 49.26(2)(2) Required information. The application for certification shall include all of the following in order to be considered complete and evaluated for compliance with s. 91.36, Stats.: ATCP 49.26(2)(a)(a) An application on a form developed by the department that includes the information required under s. 91.40 (2), Stats. ATCP 49.26 NoteNote: You may obtain a copy of the form by contacting the department at the following address:
Department of Agriculture, Trade and Consumer Protection
Attn: Bureau of Land and Water Resource Management
P. O. Box 8911
Madison, WI 53708-8911
Website: https://datcp.wi.gov/Documents/OrdinanceApplicationForm.docx ATCP 49.26(2)(b)(b) All parts of the zoning ordinance affected by the farmland preservation district for which the political subdivision is seeking certification. ATCP 49.26(2)(c)(c) All spatial location data used to delineate the farmland preservation zoning districts proposed for certification, submitted in accordance with department requirements on format. ATCP 49.26(3)(3) Ordinance text. The ordinance text shall comply with the requirements in s. 91.38 (1), Stats. ATCP 49.26(4)(4) Ordinance map. A farmland preservation zoning ordinance shall include a map that clearly delineates each farmland preservation zoning district so that a reader can determine whether a parcel is within a farmland preservation district. The farmland preservation zoning ordinance map shall do all of the following: ATCP 49.26(4)(a)(a) Be comprised of one county map or a series of town maps for a county ordinance, or one map for a city, town, or village ordinance. ATCP 49.26(4)(b)(b) Be titled “Zoning Ordinance Map” preceded or followed by the name of the political subdivision depicted on the map. ATCP 49.26(4)(c)(c) Specify the county in which the farmland preservation zoning district is located, if the map covers only one town, city, or village. ATCP 49.26(4)(d)(d) Clearly delineate areas zoned for farmland preservation, designating parcels as included in the farmland preservation district or included in another zoning district and following parcel boundaries to the extent possible. ATCP 49.26 NoteNote: The zoning district does not need to follow parcel boundaries, although the department prefers that districts follow parcel boundaries. For purposes of the tax credit, landowners covered by the farmland preservation zoning district are responsible for claiming the correct number of acres of land they own that are covered by the farmland preservation district, regardless of whether the political subdivision follows parcel boundaries.
ATCP 49.26(4)(e)(e) Display environmental or other overlay areas in a way that does not obscure or confuse the boundaries of an underlying farmland preservation zoning district. ATCP 49.26(4)(f)(f) Be drawn at a map scale no greater than one inch to 2,000 feet (1:24,000). ATCP 49.26 NoteNote: For submission of a county ordinance, the county may fulfill this requirement by submitting maps at the required scale only for the towns which are to include farmland preservation districts.
ATCP 49.26(4)(g)(g) Show political boundaries, parcel boundaries, section lines, section numbers, roads, and water bodies. ATCP 49.26(4)(h)(h) Include a map legend that includes corresponding symbols or colors for all data represented on the map. ATCP 49.26(4)(i)(i) Identify all mapped farmland preservation districts with titles that correspond to the titles in the zoning ordinance text that apply to those districts. ATCP 49.26(4)(j)(j) Specify map scale, north arrow direction, map date, and map producer. ATCP 49.26 HistoryHistory: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14; CR 14-047: am. (2) (c) Register May 2015 No. 713, eff. 6-1-15. ATCP 49.27ATCP 49.27 Applying for certification of an ordinance amendment. ATCP 49.27(1)(1) An amendment to a certified farmland preservation zoning ordinance is automatically considered to be certified as part of the certified farmland preservation zoning ordinance, except as provided in sub. (2). ATCP 49.27 NoteNote: A political subdivision may submit to the department, at any time, an amendment to a certified farmland preservation zoning ordinance, and request a written determination from the department as to whether the amendment requires certification by the department.
ATCP 49.27(2)(2) An amendment to a certified farmland preservation zoning ordinance shall be submitted to the department for certification review under s. 91.36, Stats., and s. ATCP 49.26, and is not considered to be automatically certified, if the amendment does any of the following: ATCP 49.27(2)(a)(a) Adds uses not previously allowed in the farmland preservation district. ATCP 49.27(2)(b)(b) Eliminates findings or conditions that must be met before approving a use for a location in the farmland preservation district. ATCP 49.27(2)(c)(c) Increases the number of nonfarm residences or the number of nonfarm acres allowed in the farmland preservation district. ATCP 49.27(2)(d)(d) Changes the findings required for allowing a rezone out of a farmland preservation district. ATCP 49.27 NoteNote: Changing the numbering or formatting of the ordinance, changing the minimum lot size, rezoning land out of a farmland preservation district unless the rezone would result in a farmland preservation zoning map that no longer meets the specified consistency requirements with the currently certified farmland preservation plan map, or making changes that only affect districts outside of the farmland preservation zoning district do not require certification by the department.
ATCP 49.27 HistoryHistory: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14. ATCP 49.29(1)(1) Pursuant to s. 91.36 (8) (c), Stats., the department may by written notice, without prior notice or hearing, withdraw certification of a farmland preservation zoning ordinance under this section. The withdrawal is a summary special order under ch. ATCP 1. ATCP 49.29(2)(2) The secretary may withdraw certification under sub. (1) if any of the following occur: ATCP 49.29(2)(a)(a) The certification of a county farmland preservation plan for the lands under the certified farmland preservation zoning ordinance has expired. ATCP 49.29(2)(b)(b) An amendment, adopted after July 1, 2009, to a certified farmland preservation zoning ordinance fails to comply with the requirements of s. 91.38, Stats. ATCP 49.29(3)(3) The notice under sub. (1) shall state the reason for the withdrawal of certification. ATCP 49.29 NoteNote: The department may withdraw certification of an ordinance under this section regardless of the date the ordinance was certified, and regardless of whether the ordinance was developed under the provisions of s. 91.06, 2007 Stats., or ch. 91, Stats., (see s. 91.36 (8) (c), Stats.). ATCP 49.29 HistoryHistory: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14. ATCP 49.30ATCP 49.30 Farmland preservation agreements; denial of application. The department may deny an application to enter into a farmland preservation agreement if any of the following apply: ATCP 49.30(1)(1) The department determines that lands to be excluded from the proposed agreement are being withheld for purposes that conflict with the goals of the agricultural enterprise area program under s. 91.84, Stats. ATCP 49.30(2)(2) The department determines that lands to be excluded from the agreement are being withheld for purposes that will likely impair or limit agricultural use on other lands in the agricultural enterprise area or lands proposed for inclusion under a farmland preservation agreement. ATCP 49.30 HistoryHistory: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.
