Statutes > Wisconsin Statutes > Chapter 91. Farmland preservation. > 91.84 Agricultural enterprise areas; general.

91.84 Agricultural enterprise areas; general.

91.84

SUBCHAPTER VI
AGRICULTURAL ENTERPRISE AREAS
91.84 Agricultural enterprise areas; general.

91.84(1)

(1) Designation.

91.84(1)(a)

(a)

91.84(1)(a)1.

1. The department may by rule designate agricultural enterprise areas targeted for agricultural preservation and development.

91.84(1)(a)2.

2. The department may by rule modify or terminate the designation of an agricultural enterprise area.

91.84(1)(b)

(b) Subject to par. (c), the department may designate agricultural enterprise areas with a combined area of not more than 1,000,000 acres of land.

91.84(1)(c)

(c) Before January 1, 2012, the department may designate not more than 15 agricultural enterprise areas with a combined area of not more than 200,000 acres of land.

91.84(1)(e)

(e) The department may not designate an area as an agricultural enterprise area unless all of the following apply:

91.84(1)(e)1.

1. The department receives a petition requesting the designation and the petition complies with s. 91.86.

91.84(1)(e)3.

3. The parcels in the area are contiguous. Parcels that are only separated by a lake, stream, or transportation or utility right-of-way are contiguous for the purposes of this subdivision.

91.84(1)(e)4.

4. The area is located entirely in a farmland preservation area identified in a certified farmland preservation plan.

91.84(1)(e)5.

5. The land in the area is primarily in agricultural use.

91.84(1)(f)

(f) In designating agricultural areas under this subsection, the department shall give preference to areas that include at least 1,000 acres of land.

91.84(2)

(2) Emergency rules. The department may use the procedure under s. 227.24 to promulgate a rule designating an agricultural preservation area or modifying or terminating the designation of an agricultural preservation area. Notwithstanding s. 227.24 (1) (c) and (2), a rule promulgated under this subsection remains in effect until the department modifies or repeals the rule. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to determine that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

91.84(3)

(3) Effect of designation. The designation of an area under sub. (1) allows owners of eligible land within the area to enter into farmland preservation agreements with the department. If the department modifies or terminates the designation of an area under sub. (1) and that modification or termination results in land covered by a farmland preservation agreement no longer being located in a designated area, the farmland preservation agreement remains in effect for the remainder of its term, but the department may not extend or renew the farmland preservation agreement.

91.84(4)

(4) Map. In a rule designating an agricultural enterprise area, the department shall include a map that clearly shows the boundaries of the proposed agricultural enterprise area so that a reader can easily determine whether a parcel of land is located within the agricultural enterprise area.

91.84(5)

(5) Effective date of designation. The designation of an agricultural enterprise area takes effect on January 1 of the calendar year following the year in which the rule designating the area is published, unless the rule specifies a later effective date.

91.84 - ANNOT.

History: 2009 a. 28.