Chapter 91

CHAPTER 91

FARMLAND PRESERVATION

SUBCHAPTER I

DEFINITIONS AND GENERAL PROVISIONS

91.01   Definitions.

91.02   Rule making.

91.03   Intergovernmental cooperation.

91.04   Department to report.

SUBCHAPTER II

FARMLAND PRESERVATION PLANNING

91.10   County plan required; planning grants.

91.12   Certified plan.

91.14   Expiration of plan certification.

91.16   Certification of plan by the department.

91.18   Requirements for certification of plan.

91.20   Applying for certification of plan.

SUBCHAPTER III

FARMLAND PRESERVATION ZONING

91.30   Authority to adopt.

91.32   Certified ordinance.

91.34   Expiration of zoning certification.

91.36   Certification of zoning ordinance by the department.

91.38   Requirements for certification of ordinance.

91.40   Applying for certification of ordinance.

91.42   Land use in farmland preservation zoning districts; general.

91.44   Permitted uses.

91.46   Conditional uses.

91.48   Rezoning of land out of a farmland preservation zoning district.

91.50   Exemption from special assessments.

SUBCHAPTER IV

FARMLAND PRESERVATION AGREEMENTS

91.60   Farmland preservation agreements; general.

91.62   Farmland preservation agreements; requirements.

91.64   Applying for a farmland preservation agreement.

91.66   Terminating a farmland preservation agreement.

91.68   Violations of farmland preservation agreements.

91.70   Farmland preservation agreements; exemption from special assessments.

SUBCHAPTER V

SOIL AND WATER CONSERVATION

91.80   Soil and water conservation by persons claiming tax credits.

91.82   Compliance monitoring.

SUBCHAPTER VI

AGRICULTURAL ENTERPRISE AREAS

91.84   Agricultural enterprise areas; general.

91.86   Agricultural enterprise area; petition.

subch. I of ch. 91 SUBCHAPTER I

DEFINITIONS AND GENERAL PROVISIONS

91.01 91.01 Definitions. In this chapter:

91.01(1) (1) “Accessory use” means any of the following land uses on a farm:

91.01(1)(a) (a) A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use.

91.01(1)(b) (b) An activity or business operation that is an integral part of, or incidental to, an agricultural use.

91.01(1)(c) (c) A farm residence.

91.01(1)(d) (d) A business, activity, or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than those described in par. (a) or (c), that employs no more than 4 full-time employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

91.01(1)(e) (e) Any other use that the department, by rule, identifies as an accessory use.

91.01(1m) (1m) “Agricultural enterprise area” means an area designated in accordance with s. 91.84.

91.01(2) (2) “Agricultural use” means any of the following:

91.01(2)(a) (a) Any of the following activities conducted for the purpose of producing an income or livelihood:

91.01(2)(a)1. 1. Crop or forage production.

91.01(2)(a)2. 2. Keeping livestock.

91.01(2)(a)3. 3. Beekeeping.

91.01(2)(a)4. 4. Nursery, sod, or Christmas tree production.

91.01(2)(a)4m. 4m. Floriculture.

91.01(2)(a)5. 5. Aquaculture.

91.01(2)(a)6. 6. Fur farming.

91.01(2)(a)7. 7. Forest management.

91.01(2)(a)8. 8. Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

91.01(2)(b) (b) Any other use that the department, by rule, identifies as an agricultural use.

91.01(3) (3) “Agriculture-related use” means any of the following:

91.01(3)(a) (a) An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes.

91.01(3)(b) (b) Any other use that the department, by rule, identifies as an agriculture-related use.

91.01(5) (5) “Base farm tract” means one of the following:

91.01(5)(a) (a) All land, whether one parcel or 2 or more contiguous parcels, that is in a farmland preservation zoning district and that is part of a single farm on the date that the department under s. 91.36 (1) first certifies the farmland preservation zoning ordinance covering the land or on an earlier date specified in the farmland preservation zoning ordinance, regardless of any subsequent changes in the size of the farm.

91.01(5)(b) (b) Any other tract that the department by rule defines as a base farm tract.

91.01(6) (6) “Certified farmland preservation plan” means a farmland preservation plan that is certified as determined under s. 91.12.

91.01(7) (7) “Certified farmland preservation zoning ordinance” means a zoning ordinance that is certified as determined under s. 91.32.

91.01(8) (8) “Chief elected official” means the mayor of a city or, if the city is organized under subch. I of ch. 64, the president of the council of that city, the village president of a village, the town board chairperson of a town, or the county executive of a county, or, if the county does not have a county executive, the chairperson of the county board of supervisors.

91.01(9) (9) “Comprehensive plan” has the meaning given in s. 66.1001 (1) (a).

91.01(10) (10) “Conditional use” means a use allowed under a conditional use permit, special exception, or other special zoning permission issued by a political subdivision.

91.01(11) (11) “County land conservation committee” means a committee created under s. 92.06 (1).

91.01(12) (12) “Department” means the department of agriculture, trade and consumer protection.

91.01(13) (13) “Farm” means all land under common ownership that is primarily devoted to agricultural use.

91.01(14) (14) “Farm acreage” means size of a farm in acres.

91.01(15) (15) “Farmland preservation agreement” means any of the following agreements between an owner of land and the department under which the owner agrees to restrict the use of land in return for tax credits: