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History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.
ATCP 49.24Zoning ordinance certification expiration.
(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.
Note: 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.
(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.
History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.
ATCP 49.25Certification standards.
(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.
(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.
Note: 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.
History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.
ATCP 49.26Applying for ordinance certification.
(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.
(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.:
(a) An application on a form developed by the department that includes the information required under s. 91.40 (2), Stats.
Note: 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
(b) All parts of the zoning ordinance affected by the farmland preservation district for which the political subdivision is seeking certification.
(c) All spatial location data used to delineate the farmland preservation zoning districts proposed for certification, submitted in accordance with department requirements on format.
(3)Ordinance text. The ordinance text shall comply with the requirements in s. 91.38 (1), Stats.
(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:
(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.
(b) Be titled “Zoning Ordinance Map” preceded or followed by the name of the political subdivision depicted on the map.
(c) Specify the county in which the farmland preservation zoning district is located, if the map covers only one town, city, or village.
(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.
Note: 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.
(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.
(f) Be drawn at a map scale no greater than one inch to 2,000 feet (1:24,000).
Note: 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.
(g) Show political boundaries, parcel boundaries, section lines, section numbers, roads, and water bodies.
(h) Include a map legend that includes corresponding symbols or colors for all data represented on the map.
(i) Identify all mapped farmland preservation districts with titles that correspond to the titles in the zoning ordinance text that apply to those districts.
(j) Specify map scale, north arrow direction, map date, and map producer.
History: 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 49.27Applying for certification of an ordinance amendment.
(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).
Note: 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.
(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:
(a) Adds uses not previously allowed in the farmland preservation district.
(b) Eliminates findings or conditions that must be met before approving a use for a location in the farmland preservation district.
(c) Increases the number of nonfarm residences or the number of nonfarm acres allowed in the farmland preservation district.
(d) Changes the findings required for allowing a rezone out of a farmland preservation district.
(e) Results in a farmland preservation zoning ordinance map that no longer meets the requirements of s. ATCP 49.25 (2).
Note: 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.
History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.
ATCP 49.29Withdrawal of certification.
(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.
(2)The secretary may withdraw certification under sub. (1) if any of the following occur:
(a) The certification of a county farmland preservation plan for the lands under the certified farmland preservation zoning ordinance has expired.
(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.
(3)The notice under sub. (1) shall state the reason for the withdrawal of certification.
Note: 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.).
History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.
Subchapter IV – Farmland Preservation Agreements
ATCP 49.30Farmland preservation agreements; denial of application. The department may deny an application to enter into a farmland preservation agreement if any of the following apply:
(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.
(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.
History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.