91.46(6)(f)(f) The farmland preservation zoning ordinance requires the owner to restore the land to agricultural use, consistent with any required locally approved reclamation plan, when extraction is completed. 91.46 HistoryHistory: 2009 a. 28. 91.4891.48 Rezoning of land out of a farmland preservation zoning district. 91.48(1)(1) A political subdivision with a certified farmland preservation zoning ordinance may rezone land out of a farmland preservation zoning district without having the rezoning certified under s. 91.36, if the political subdivision finds all of the following, after public hearing: 91.48(1)(a)(a) The land is better suited for a use not allowed in the farmland preservation zoning district. 91.48(1)(b)(b) The rezoning is consistent with any applicable comprehensive plan. 91.48(1)(c)(c) The rezoning is substantially consistent with the county certified farmland preservation plan. 91.48(1)(d)(d) The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. 91.48(2)(2) A political subdivision shall by March 1 of each year provide to the department a report of the number of acres that the political subdivision has rezoned out of a farmland preservation zoning district under sub. (1) during the previous year and a map that clearly shows the location of those acres. 91.48(3)(3) A political subdivision that is not a county shall by March 1 of each year submit a copy of the information that it reports to the department under sub. (2) to the county in which the political subdivision is located. 91.48(4)(4) If a political subdivision fails to comply with sub. (2), the department may withdraw the certification granted under s. 91.06, 2007 stats., or under s. 91.36 for the political subdivision’s farmland preservation zoning ordinance. 91.5091.50 Exemption from special assessments. 91.50(1)(1) Except as provided in sub. (3), no political subdivision, special purpose district, or other local governmental entity may levy a special assessment for sanitary sewers or water against land in agricultural use, if the land is located in a farmland preservation zoning district. 91.50(2)(2) A political subdivision, special purpose district, or other local governmental entity may deny the use of improvements for which the special assessment is levied to land that is exempt from the assessment under sub. (1). 91.50(3)(3) The exemption under sub. (1) does not apply to an assessment that an owner voluntarily pays, after the assessing authority provides notice of the exemption under sub. (1). 91.50 HistoryHistory: 2009 a. 28. FARMLAND PRESERVATION AGREEMENTS
91.6091.60 Farmland preservation agreements; general. 91.60(1)(1) Agreements authorized. The department may enter into a farmland preservation agreement that complies with s. 91.62 with the owner of land that is eligible under sub. (2). 91.60(2)(2) Eligible land. Land is eligible if all of the following apply: 91.60(2)(a)(a) The land is operated as part of a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which the owner applies for a farmland preservation agreement or a total of at least $18,000 in gross farm revenues during the last 3 taxable years preceding the year in which the owner applies for a farmland preservation agreement. 91.60(2)(b)(b) The land is located in a farmland preservation area identified in a certified farmland preservation plan. 91.60(2)(c)(c) The land is in an agricultural enterprise area designated under s. 91.84. 91.60(3)(a)(a) Except as provided in par. (c) or s. 91.66, a farmland preservation agreement entered into before July 1, 2009, remains in effect for the term specified in the agreement and under the terms that were agreed upon when the agreement was last created, extended, or renewed. 91.60(3)(b)(b) The department may not extend or renew a farmland preservation agreement entered into before July 1, 2009. 91.60(3)(c)(c) The department and an owner of land who entered into a farmland preservation agreement before July 1, 2009, may agree to modify the farmland preservation agreement in order to allow the owner to claim the tax credit under s. 71.613 rather than the tax credit for which the owner would otherwise be eligible.