Chapter ATCP 49

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 Note 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.

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 History 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 49.27 ATCP 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 Note 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.

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(2)(e) (e) Results in a farmland preservation zoning ordinance map that no longer meets the requirements of s. ATCP 49.25 (2).

ATCP 49.27 Note 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.

ATCP 49.27 History History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.

ATCP 49.29 ATCP 49.29 Withdrawal of certification.

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 Note 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.).

ATCP 49.29 History History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.

subch. IV of ch. ATCP 49 Subchapter IV – Farmland Preservation Agreements

ATCP 49.30 ATCP 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 History History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.