Farmland Preservation

ATCP 49: Proposed Rule for the Farmland Preservation Program

ATCP 49 is a new rule that will govern Wisconsin's Farmland Preservation Program, along with Chapter 91 of Wisconsin Statutes. The Department of Agriculture, Trade and Consumer Protection (DATCP) administers the program in cooperation with local governments. This rule does not alter anything that already exists in state statutes. It is meant only to aid in administering the program and to clarify some provisions in the statutes.

We are still accepting comments until March 15, 2013.

View and download a copy of the proposed rule
Why DATCP is creating ATCP 49 
Overview of provisions 
Status of rule creation
Commenting on the rule 
For more information 

Why DATCP is Creating ATCP 49

The Legislature repealed and recreated the Farmland Preservation Program in 2009 in response to growing pressures to convert farmland statewide to nonagricultural uses, and recreated it with a new structure. The new law authorized the Department of Agriculture, Trade and Consumer Protection to write an administrative rule that sets technical details as to how local governments may plan and zone to preserve farmland. Landowners within farmland preservation zones may be able to claim tax credits.

Overview of ATCP 49 Provisions

In general, ATCP 49:

• Adds to definitions and clarifies some terms in Wisconsin Statutes Chapter 91
• Provides guidance for local governments seeking certification of farmland preservation plans and ordinances
• Specifies types of ordinance amendments for which certification is required
• Authorizes additional uses allowed in a farmland preservation zoning district
• Specifies information required in an application for a farmland preservation agreement

Definitions included in ATCP 49:

• Accessory uses and agriculture-related uses
• Crops and forest management
• Base farm tract, which will provide local governments flexibility in administering this density restriction if they choose to use it

Farmland preservation plan provisions include clarifications:

• That a county has one year after the expiration date to have its farmland preservation plan certified by the department
• When counties may request an extension to the expiration of their farmland preservation plan, so they can coordinate with other county planning and zoning efforts
• That any amendment to a certified farmland preservation plan must be submitted to DATCP for certification
• That the rationale used to identify the farmland preservation area must be based on objective criteria
• The farmland preservation plan provisions also describes the relationship between the county's farmland preservation plan and comprehensive plan; provides technical specifications for the farmland preservation plan map; and states that the county must provide DATCP with the data used to create the map.

Farmland preservation zoning provisions:

• Clarify that nonfarm residences that exist when an ordinance is certified may be considered permitted uses, rather than prior nonconforming uses
• Authorize single-family nonfarm dwellings as conditional uses, subject to density restrictions at least as restrictive as the density standards under Chapter 91 of Wisconsin Statutes 
• Describe the types of uses that qualify as governmental, institutional, religious, or nonprofit community uses
• Clarify that an ordinance expires according to the statutory schedule in Wisconsin Statutes 91.34, and a political subdivision has a year after the expiration date to have its ordinance certified by the department and keep landowners eligible for farmland preservation tax credits
• Clarify that local governments may request an extension to the expiration of their farmland preservation zoning ordinance, so they can coordinate other planning and zoning efforts
• Describe the relationship between a political subdivision’s farmland preservation zoning ordinance and the county’s farmland preservation plan
• Provide technical specifications for the farmland preservation zoning map and states that the political subdivision must provide the department with the data used to create the map
• Specify that DATCP may withdraw certification of an ordinance if the county farmland preservation plan expires or if the political subdivision adopts an ordinance that fails to comply with Wisconsin Statutes Chapter 91
• Specify when an amendment to a farmland preservation zoning ordinance must be submitted to DATCP for certification

Applications for farmland preservation agreements will need to include lands that the applicant owns, but that will not be covered under the agreement.

Commenting on ATCP 49

The final public hearing on ATCP 49 will be Thursday, February 28, 2:30-4:30 p.m. and 6:30-8:30 p.m. in the Board Room of the State Agriculture Building, 2811 Agriculture Drive, Madison.

Email to alison.volk@wi.gov

Mail to Alison Volk, DATCP-DARM, P.O. Box 8911, Madison, WI 53708-8911

The period for commenting on the economic impact of the rule has ended.

For more information

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