Agricultural Impact Statement (AIS) Frequently Asked Questions

​Have a question that's not covered here? Please submit it to datcpagimpactstatements@wisconsin.gov.​

​For​ Project Initiators

Who is required to notify the AIS Program?
Any entity that possesses the powers of eminent domain within Wisconsin – as granted by Wis. Stat. § 32.02 – and proposes a project involving the actual or potential exercise of the powers of eminent domain that would affect a farm operation in Wisconsin shall make an agricultural impact notification to DATCP. Such an entity is commonly referred to as the “project initiator”. Examples of project initiators include but are not limited to: state agencies, municipalities, public utilities, the University of Wisconsin System, railroad companies, etc.

How is DATCP notified of a project?
Project initiators (as defined in the previous question Who is required to notify the AIS Program?) must submit an agricultural impact notification to inform DATCP of any project affecting a farm operation, as described in Wis. Stat. § 32.035(3). To notify DATCP, please complete the appropriate notification forms and email them to datcpagimpactstatements@wisconsin.gov.

Project initiators should also review the Non-significant Acquisitions and Summary AIN document to determine the most appropriate means to notify DATCP. Please contact DATCP with additional questions related to making an agricultural impact notification. 

Does DATCP need to be notified of projects that do not plan on using condemnation?
Yes. DATCP must be notified of projects that impact farm operations when a project initiator has the authority to exercise eminent domain, even when condemnation is not planned. While the prospects for the voluntary purchase of an easement or sale of real property may change, the project initiator always maintains the potential to use the powers of eminent domain and may not waive or lose those powers through contract.

What types of land or property right transactions must be reported to DATCP?
All project initiator land purchases (i.e. fee-simple, warranty deed) and property right purchases (i.e. permanent or temporary easements) from an agricultural operation shall be reported to DATCP as a part of the project notification (refer to How is DATCP notified of a project?). 

Does DATCP need to be notified of projects located entirely within an existing right-of-way?
Please contact DATCP at datcpagimpactstatements@wisconsin.gov to determine if notification is required. 

Does DATCP need to be notified of a project that does not require a Certificate of Authority (CA) or Certificate of Public Convenience and Necessity (CPCN) from the Wisconsin Public Service Commission (PSC)?
Yes. Agricultural impact notification requirements to DATCP apply regardless of the PSC’s authority to require a CA or CPCN for the project.

Can the AIS Program stop a project from happening?
Under Wis. Stat. § 32.035, the AIS program does not have the authority to stop a project. The AIS program uses AISs as a vehicle to make analyses, conclusions and recommendations concerning the agricultural impacts of a project. DATCP may make recommendations to a project initiator, landowners or other regulatory agencies, depending on related regulatory jurisdiction for the project.

What triggers the 30-day waiting period preventing a project initiator from negotiating with a landowner or making a jurisdictional offer?
When a project initiator actualizes the powers of condemnation with the intent to obtain an easement or acquire a property, the process may not start until 30-days after an AIS is published as described in Wis. Stat. § 32.035(4)(d). 

How long does a typical AIS document take to prepare and publish?
An AIS must be prepared and published in accordance with timelines established in Wis. Stat. § 32.035(4). Size and complexity of the project are the most significant factors in affecting how long it takes to prepare and publish an AIS document. Please contact DATCP at datcpagimpactstatements@wisconsin.gov​ for a timeline related to a specific project. 

For​​ Farm Operations and Agricultural Landowners

What service does the AIS program provide farm operations and agricultural landowners? 
The AIS program is an outreach program serving farm operations who are impacted by utility, municipal, and transportation projects such as electric transmission lines, wastewater treatment facilities, and highways. To these farm operations, the AIS program provides an opportunity for them to voice specific concerns and suggest alternatives to preserve farmland under the framework of Wis. Stat. § 32.035.

Can a farm operation or agricultural landowner request an AIS? 
No, a farm operation cannot request an AIS for a project. However, a farm operation can inform DATCP about a project that impacts their land. In such case, DATCP will reach out to the project initiator to examine the project.

How can impacted farm operations and agricultural landowners participate in the AIS process?
There are many ways to participate. Foremost, filling out and returning the DATCP landowner survey ensures your voice will be heard during the project design & approval process. Attending public meetings or hearings offered by the project initiator or another state agency are other ways to get involved.

Which impacted landowners will DATCP contact?
DATCP will only contact farm operations and agricultural landowners impacted by the project.

Why is DATCP requesting information on my farm operation?
DATCP requests information on your farm in order to evaluate the impact the project may have to it now or in the future.

Will DATCP request personal information, such as Social Security number or date of birth? 
No. For the purposes of the AIS program, DATCP will not request personal information such as your Social Security number, date of birth or credit card numbers. If you received a call from DATCP requesting information like this for use by the AIS program, please file an Identity Theft Complaint with DATCP at the provided link.

What will DATCP do with the information I provide about my farm operation?
DATCP will analyze the information you share for specific project impacts to your farm operation. DATCP will also collectively analyze all information to see if the project has any common impacts or trends across all farming operations in an affected project area. DATCP will then publish those impacts and trends within the AIS publication. DATCP will also share this information with other regulatory agencies that possess decision authority over the project. 

Will the information I provide make a difference?
Yes. The information you provide can be used by regulatory agencies to change the outcome of a project and/or impact the amount and types of mitigation efforts that are required for a project. Most common results observed include the requirement to use an alternative project route or requiring a specific agricultural mitigation practice for certain agricultural lands.  

Will DATCP send me a copy of the AIS when it is published?
DATCP will distribute a physical or digital copy of the published AIS to any individual or party who requests one through the questionnaire distributed by DATCP or by contacting the AIS program directly at (608) 224-4650 or DATCPAgImpactStatements@wisconsin.gov. A selection of past AISs can be found on the AIS website​.

For​ Cooperating Agencies

Will DATCP provide public notification of a newly published AIS document?
Yes, DATCP distributes every AIS document publicly in accordance with notification requirements pursuant to Wis. Stat. § 32.035(5). 

Does the AIS program maintain agreements with other state or federal agencies?
Yes, the AIS program maintains a formal cooperative agreement with the Wisconsin Department of Transportation (DOT). Access this agreement by visiting https://wisconsindot.gov/Documents/doing-bus/eng-consultants/cnslt-rsrces/environment/dotdatcpmoa.pdf. DATCP will cooperate with other state or federal agencies with or without a formal agreement for projects related to an AIS. DATCP also maintains the authority to prepare an AIS for projects under Wis. Stat. § 32.035 that are not regulated by another state or federal agency.

What roles will the AIS program serve when coordinating with another state or federal agency?
At the state level, the AIS program  most frequently interacts with DOT or PSC. The role of the AIS program, as a coordinating agency, is to analyze project impacts to farm operations. This analysis is usually included within the larger environmental document being prepared by DOT or PSC. The AIS program will also recommend project alternatives or mitigation practices to DOT and PSC in order to reduce impacts to farm operations and agricultural landowners. 

At the federal level, the AIS program may interact with the Federal Energy Regulatory Commission (FERC). The role of the AIS program, as a cooperating agency, is to advise FERC on the potential impacts a project may have to affected farm operations  in Wisconsin. The AIS program may also recommend project alternatives or mitigation practices in order to reduce impacts to farm operations and agricultural landowners.