Chapter 91 — FARMLAND PRESERVATION
31 sections in this chapter.
Wis. Stat. § 91.01 Definitions
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91.01 Definitions. In this chapter: (1) “Accessory use” means any of the following land uses on a farm: (a) A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. (b) An activity or business operation that is an integral part …
Wis. Stat. § 91.02 Rule making
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91.02 Rule making. (1) The department shall promulgate rules that set forth technical specifications for farmland preservation zoning maps under s. 91.38 (1) (d). (2) The department may promulgate rules for the administration of this chapter, including rules that do any of the fo…
Wis. Stat. § 91.03 Intergovernmental cooperation
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91.03 Intergovernmental cooperation. State agencies shall cooperate with the department in the administration of this chapter and in other matters related to the preservation of farmland in this state. State agencies shall, to the extent feasible, cooperate in sharing and standar…
Wis. Stat. § 91.04 Department to report
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91.04 Department to report. At least once every 2 years, beginning not later than December 31, 2011, the department shall submit a farmland preservation report to the joint committee on finance, the standing committees of the legislature with jurisdiction over agriculture under s…
Wis. Stat. § 91.10 County plan required; planning grants
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91.10 County plan required; planning grants. (1) By January 1, 2016, a county shall adopt a farmland preservation plan that does all of the following: (a) States the county’s policy related to farmland preservation and agricultural development, including the development of enterp…
Wis. Stat. § 91.12 Certified plan
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91.12 Certified plan. The following farmland preservation plans are certified, for the purposes of this chapter and s. 71.613: (1) An agricultural preservation plan that was certified under s. 91.06, 2007 stats., if the certification has not expired. (2) A farmland preservation p…
Wis. Stat. § 91.14 Expiration of plan certification
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91.14 Expiration of plan certification. (1) Except as provided under sub. (4), the certification of a farmland preservation plan that was certified under s. 91.06, 2007 stats., expires on the date provided in the certification or, if the certification does not provide an expirati…
Wis. Stat. § 91.16 Certification of plan by the department
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91.16 if the certification has not expired or been withdrawn. History: 2009 a. 28.
Wis. Stat. § 91.18 Requirements for certification of plan
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91.18 Requirements for certification of plan. (1) A farmland preservation plan qualifies for certification under s. 91.16 if it complies with all of the following: (a) The requirements in s. 91.10 (1) and (2). (b) Any other requirements that the department specifies by rule. (2) …
Wis. Stat. § 91.20 Applying for certification of plan
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91.20 Applying for certification of plan. A county seeking certification of a farmland preservation plan or amendment to a farmland preservation plan shall submit all of the following to the department in writing, along with any other relevant information that the county chooses …
Wis. Stat. § 91.30 Authority to adopt
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91.30 Authority to adopt. A political subdivision may adopt and administer a farmland preservation zoning ordinance in accordance with s. 59.69, 60.61, 60.62, or 62.23. History: 2009 a. 28.
Wis. Stat. § 91.32 Certified ordinance
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91.32 Certified ordinance. The following zoning ordinances are certified, for the purposes of this chapter and s. 71.613: (1) An exclusive agricultural use zoning ordinance that was certified under s. 91.06, 2007 stats., if the certification has not expired or been withdrawn. (2)…
Wis. Stat. § 91.34 Expiration of zoning certification
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91.34 Expiration of zoning certification. (1) Except as provided under sub. (4), the certification of a farmland preservation zoning ordinance that was certified under s. 91.06, 2007 stats., expires on the date provided in the certification or, if the certification does not provi…
Wis. Stat. § 91.36 Certification of zoning ordinance by the department
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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. (b) Any other tract that the department by rule defi…
Wis. Stat. § 91.38 Requirements for certification of ordinance
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91.38 Requirements for certification of ordinance. (1) A farmland preservation zoning ordinance does not qualify for certification under s. 91.36 unless all of the following apply: (a) The farmland preservation zoning ordinance includes jurisdictional, organizational, and enforce…
Wis. Stat. § 91.40 Applying for certification of ordinance
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91.40 (5). (k) Authorize additional uses in a farmland preservation zoning district under s. 91.42 (4). (L) Authorize additional uses as permitted uses in a farmland preservation zoning district under s. 91.44 (1) (g). (m) Authorize additional uses as conditional uses in a farmla…
Wis. Stat. § 91.42 Land use in farmland preservation zoning districts; general
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91.42 Land use in farmland preservation zoning districts; general. A farmland preservation zoning ordinance does not qualify for certification under s. 91.36, if the farmland May 22, 2026, are designated by NOTES. (Published 5-22-26) 7 Updated 23-24 Wis. Stats. preservation zonin…
Wis. Stat. § 91.44 Permitted uses
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91.44 Permitted uses. (1) Except as provided in s. 84.01 (34), a farmland preservation zoning ordinance does not comply with s. 91.42 if the farmland preservation zoning ordinance allows as a permitted use in a farmland preservation zoning district a land use other than the follo…
Wis. Stat. § 91.46 Conditional uses
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91.46 Conditional uses. (1) GENERAL. Except as provided in s. 84.01 (34), a farmland preservation zoning ordinance does not comply with s. 91.42 if the farmland preservation zoning ordinance allows as a conditional use in a farmland preservation zoning district a land use other t…
Wis. Stat. § 91.48 Rezoning of land out of a farmland preservation zoning district
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91.48 Rezoning of land out of a farmland preservation zoning district. (1) A political subdivision with a certified farmland preservation zoning ordinance may rezone land out of a farmland preservation zoning district without having the rezoning certified under s. 91.36, if the p…
Wis. Stat. § 91.50 Exemption from special assessments
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91.50 Exemption from special assessments. (1) Except as provided in sub. (3), no political subdivision, special purpose district, or other local governmental entity may levy a special assessment for sanitary sewers or water against land in agricultural use, if the land is located…
Wis. Stat. § 91.60 Farmland preservation agreements; general
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91.60 Farmland preservation agreements; general. (1) AGREEMENTS AUTHORIZED. The department may enter into a farmland preservation agreement that complies with s. 91.62 with the owner of land that is eligible under sub. (2). (2) ELIGIBLE LAND. Land is eligible if all of the follow…
Wis. Stat. § 91.62 Farmland preservation agreements; requirements
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91.62 Farmland preservation agreements; requirements. (1) CONTENTS. The department may not enter into a farmland preservation agreement unless the agreement does all of the following: (a) Specifies a term of at least 10 years. May 22, 2026, are designated by NOTES. (Published 5-2…
Wis. Stat. § 91.64 Applying for a farmland preservation agreement
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91.64 Applying for a farmland preservation agreement. (1) SUBMITTING AN APPLICATION. An owner who wishes to enter into a farmland preservation agreement shall submit an application signed by the owner and each person required to be identified under sub. (2) (f), on a form provide…
Wis. Stat. § 91.66 Terminating a farmland preservation agreement
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91.66 Terminating a farmland preservation agreement. (1) The department may terminate a farmland preservation agreement or release land from a farmland preservation agreement at any time if all of the following apply: (a) All of the owners of land covered by the farmland preserva…
Wis. Stat. § 91.68 Violations of farmland preservation agreements
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91.68 Violations of farmland preservation agreements. (1) The department may bring an action in circuit court to do any of the following: (a) Enforce a farmland preservation agreement. (b) Restrain, by temporary or permanent injunction, a change in land use that violates a farmla…
Wis. Stat. § 91.70 Farmland preservation agreements; exemption from special assessments
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91.70 Farmland preservation agreements; exemption from special assessments. (1) Except as provided in sub. (3), no political subdivision, special purpose district, or other local governmental entity may levy a special assessment for sanitary sewers or water against land in agricu…
Wis. Stat. § 91.80 Soil and water conservation by persons claiming tax credits
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91.80 Soil and water conservation by persons claiming tax credits. An owner claiming farmland preservation tax credits under s. 71.613 shall comply with applicable land and water conservation standards promulgated by the department under ss. 92.05 (3) (c) and (k), 92.14 (8), and …
Wis. Stat. § 91.82 Compliance monitoring
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91.82 (3). History: 2009 a. 28; 2011 a. 253.
Wis. Stat. § 91.84 Agricultural enterprise areas; general
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91.84 Agricultural enterprise areas; general. (1) DESIGNATION. (a) 1. The department may by order designate agricultural enterprise areas targeted for agricultural preservation and development. 2. The department may by order modify or terminate the designation of an agricultural …
Wis. Stat. § 91.86 Agricultural enterprise area; petition