ATCP 49.12 NoteNote: The criteria listed above are all land-based considerations that may or may not be relevant in the county. Other factors may also be considered such as availability of supporting infrastructure or presence of protected land.
ATCP 49.12(1)(b)(b) The rationale shall exclude from a farmland preservation area any parcels planned, within 15 years, for nonagricultural development or other incompatible uses in the town or county comprehensive plans.
ATCP 49.12(1)(c)(c) The rationale may not be based primarily on landowner preferences.
ATCP 49.12(1)(d)(d) The rationale shall be applied consistently across the county to the extent applicable and practicable.
ATCP 49.12(1)(e)(e) The farmland preservation plan map shall accurately reflect the rationale utilized by the county.
ATCP 49.12 NoteNote: Utilizing objective criteria means that the criteria must be applied impartially and not favor some landowners over other landowners. The criteria should be based on characteristics associated with the land itself or existing pressures that may affect the future use of the land instead of focusing solely on the preferences of individual landowners.
ATCP 49.12(2)(2)Relationship to the county comprehensive plan.
ATCP 49.12(2)(a)(a) The farmland preservation plan shall be consistent with any county comprehensive plan.
ATCP 49.12 NoteNote: To be “consistent with” does not mean that the farmland preservation plan and the comprehensive plan must be identical; however, for the department to find that the plans are consistent there should not be any significant difference between elements of the plans. For example, not every area that is shown as an agricultural area in the comprehensive plan future land use map must be included as a farmland preservation area in the farmland preservation plan map; however, lands planned for residential or non-agricultural commercial use in the comprehensive plan should not be planned for farmland preservation in the farmland preservation plan within the next 15 years.
ATCP 49.12(2)(b)(b) The farmland preservation plan shall be included in any county comprehensive plan.
ATCP 49.12 NoteNote: Under s. 91.10 (2), Stats., the county is required to include the farmland preservation plan in any county comprehensive plan it adopts. Under s. 91.18, Stats., the farmland preservation plan is not qualified for certification by the department if pars. (a) and (b) are not met.
ATCP 49.12(3)(3)Plan ineligible for certification. The department may not certify a farmland preservation plan that does not meet the requirements of ch. 91, Stats., and this subchapter.
ATCP 49.12 HistoryHistory: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.
ATCP 49.14ATCP 49.14Applying for certification of a plan or a plan amendment.
ATCP 49.14(1)(1)General. A county seeking certification of its farmland preservation plan or a plan amendment shall submit an application to the department as provided in this section.
ATCP 49.14(2)(2)Required information. The application for certification shall include all of the following in order to be considered complete and to be evaluated for compliance with s. 91.16, Stats.:
ATCP 49.14(2)(a)(a) An application on a form developed by the department that includes the information required under s. 91.20 (2) and (3), Stats.
ATCP 49.14 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/FPPPlanCertApplication.docx .
ATCP 49.14(2)(b)(b) All parts of the plan for which the county is seeking certification. A county seeking certification of a full plan shall submit the text and map of the plan along with the spatial location data used to create the farmland preservation plan map. A county seeking certification of an amendment to a certified plan shall submit all parts of the plan affected by the amendment.
ATCP 49.14 NoteNote: A county seeking certification of a plan amendment only needs to submit those parts of the plan that are affected by the amendment. If a county wishes to amend the text of its farmland preservation plan, then the county may submit just the plan text. If a county wishes to amend the plan map, then the county may submit just the plan map. If the amendment makes changes to both the plan map and text, then the county should submit both the map and the text.
ATCP 49.14(2)(c)(c) All spatial location data used to delineate the farmland preservation areas proposed for certification, submitted in accordance with department requirements on format.
ATCP 49.14(3)(3)Plan text. The plan text shall comply with the requirements in s. 91.10 (1) and (2), Stats., and this subchapter.
ATCP 49.14(4)(4)Plan map. A farmland preservation plan shall include a map that clearly delineates all areas in the county identified as a farmland preservation area so that a reader can determine whether a parcel is within an identified area. The farmland preservation plan map shall:
ATCP 49.14(4)(a)(a) Be comprised of one county map or a series of town, village, and city maps.
ATCP 49.14(4)(b)(b) Be titled “Farmland Preservation Plan Map” followed by the name of the political subdivision depicted on the map.
ATCP 49.14(4)(c)(c) Specify the county in which the farmland preservation plan area is located.
ATCP 49.14(4)(d)(d) Clearly delineate areas designated for farmland preservation, designating parcels as included or excluded from the district and following parcel boundaries where possible.
ATCP 49.14(4)(e)(e) Display environmental or other overlay areas, if any, in a manner that does not obscure or confuse the boundaries of an underlying farmland preservation area.
ATCP 49.14(4)(f)(f) Be drawn at a scale no greater than one inch to 2,000 feet (1:24,000).