Agricultural Impact Statement (AIS) Frequently Asked Questions

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

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​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, rail road companies etc.

How is DATCP notified of a project?

Project initiators must submit an agricultural impact notification to inform DATCP of a project affecting a farm operation. To notify DATCP, please complete the appropriate notification forms​ and email them to​ datcpag​impactstatements@wi.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. ​

​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 (see ​How is DATCP notified of a project?). 
 
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.


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?

No, Wis. Stat. § 32.035 does not provide DATCP the power to stop a project.

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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 30 day waiting period according to Wis. Stat. § 32.035(4)(d) applies.


​ 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.​

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​​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 for 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 land​s.  

Will DATCP notify me of an AIS publication? 

​Yes, DATCP is required to notify all farm operations and agricultural landowners impacted by a project when the AIS is published. Notification is done by mail and will include a full color copy of the AIS document. An electronic copy can also be provided upon request to datcpagimpactstatements@wisconsin.gov.


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). Click here to view this agreement.​ ​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.​ ​

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