reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.035 - Public fences.

90.035
Public fences.
Where the 2 parties, one of whom is the state or a subdivision thereof, agree that a fence is reasonably necessary, the duty to erect and maintain partition fences shall apply equally to the state, as provided in s. 90.03, and its subdivisions as occupants of lands whenever such lands are bounded by privately owned agricultural or grazing lands.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.04 - Effect of fences on action for trespass by animals.

90.04
Effect of fences on action for trespass by animals.
Owners of lands who do not maintain and keep in repair lawful partition fences may not recover any damages for trespasses by the animals of owners of any adjoining lands with whom partition fences might have been maintained if such lands had been enclosed; but the construction of such a fence does not relieve the owner of swine, horses, sheep or goats from liability for any damage they commit upon the enclosed premises of an adjoining owner.
History:  1995 a. 148.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.05 - How partition made.

90.05
How partition made.
(1)
(a)
Every partition of a fence or of the line upon which partition fences are to be built between owners of adjoining lands, after being recorded in the town clerk's office, obligates the owners, their heirs and assigns to build and maintain the fence in accordance with the partition, if any of the following conditions is met:
1.
The partition is made by the owners of the adjoining lands and is in writing, signed and sealed by the owners and witnessed by 2 witnesses.
2.
The partition is made by fence viewers in the manner provided under this chapter and is in writing under their hands.
(b)
A partition made in accordance with par. (a) shall remain in effect so long as the adjoining land on each side respectively remains in the same ownership, and after a severance of ownership until a new partition of the fence is made.
(c)
An owner, or the owner's heirs or assigns, are not obligated to build or maintain any part of a partition fence during any time when none of the adjoining lands is occupied for farming or grazing.
(2)
If a fence is constructed by a subdivider under a town ordinance adopted under s. 60.23 (19) and the land adjoining the subdivision is not subdivided, the partition under sub. (1) shall require that an undivided one-half of the fence be maintained by the owner of the adjoining land not subdivided and one-half of the fence divided into equal shares be maintained by all of the owners of the adjoining subdivided land.
History:  1977 c. 229; 1983 a. 532 s. 36; 1991 a. 316; 1997 a. 253.
This chapter's plain language, when read in light of s. 990.01 (42), unambiguously authorizes a city to administer the enforcement procedures of this chapter. White v. City of Watertown, 2019 WI 9, 385 Wis. 2d 320, 922 N.W.2d 61, 16-2259.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.06 - Relocation of fence.

90.06
Relocation of fence.
(1)
When any owner or occupant of land builds a fence before a boundary line has been located between that land and any adjoining land and the location of the boundary line establishes that the fence is located on the adjoining land, the person who built the fence or that person's grantee, devisee or heirs shall be the owner of the fence. The owner of the fence shall relocate the fence to the boundary line within 30 days after service of written notice of the location of the fence upon the owner of the fence by the owner or occupant of the land upon which the fence is located.
(2)
The notice under sub. (1) shall be served personally on the fence owner or by leaving a copy of the notice at the fence owner's usual place of abode with some member of the fence owner's family who is of suitable age and discretion. If the notice is left with a family member, the family member shall be informed of the contents of the notice.
(3)
If the relocation of the fence is not made within 30 days after service of the notice under sub. (2), the party who served or caused the notice to be served may relocate the fence to the boundary line and recover the expense of doing so from the fence owner. However, no fence that is subject to relocation under this section shall be relocated by the party giving the notice during a time when annual crops will be damaged unless the owners or occupants of the adjoining lands mutually agree.
History:  1991 a. 316; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.07 - Division of partition fence.

90.07
Division of partition fence.
(1)
A division of a partition fence, or the line upon which a partition fence between adjoining lands shall be built, may be made by fence viewers in the following cases:
(a)
When a division of a partition fence, or the line upon which a partition fence between adjoining lands shall be built, shall not have been made in the manner prescribed by s. 90.05, either of the owners of adjoining lands may have the line between that person's land and the adjoining land of any other person divided, and the portion upon which the respective owners shall erect their share of the partition fence assigned, regardless of whether that person's land be enclosed or not and regardless of whether such adjoining land be enclosed or not.
(b)
When any lands belonging to different persons in severalty shall have been occupied in common or without a partition fence between them and one of the occupants shall be desirous to occupy that occupant's part in severalty, and the other shall refuse or neglect, on demand, to divide with the desiring occupant the line where the fence ought to be built or to build a sufficient fence on the part of the line belonging to the other occupant, when divided, the occupant desiring it may have the same divided and the share of each assigned.
(c)
When any controversy shall arise about the right of the respective occupants in partition fences or their obligation to maintain the same, either party may have the line divided and the share of each assigned.
(2)
In either such case application may be made to 2 or more fence viewers of the town where the lands lie or to 2 or more fence viewers of 2 towns, if the lands lie in 2 towns, who, after 8 days' notice in writing to each party to be served as a summons is in a civil action in a court of record or by registered mail with return receipt requested in the case of a party who does not reside in this state, shall, in writing, divide the partition fence or line and assign to each owner or occupant that party's share thereof; and in each of said cases they shall also therein direct the time within which each party shall build or repair, as may be proper, that party's share of the fence, having regard to the season of the year, and shall file such decision in the town clerk's office, who shall record the same. If either party refuses or neglects to build or repair within the time so assigned that party's part of the fence the other may, after having completed his or her own part, build or repair such part and recover the expense thereof as provided in s. 90.11.
(3)
Whenever practicable, in determining the division of a new line fence, when facing a farm, going around the farm to the right, the first one-half of the line fence belongs to the farm faced.
History:  1991 a. 316.
This chapter's plain language, when read in light of s. 990.01 (42), unambiguously authorizes a city to administer the enforcement procedures of this chapter. White v. City of Watertown, 2019 WI 9, 385 Wis. 2d 320, 922 N.W.2d 61, 16-2259.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.08 - Partition of fences in water.

90.08
Partition of fences in water.
Where a partition fence running into the water is necessary to be made the same shall be done in equal shares unless otherwise agreed by the parties, and in case either party shall refuse or neglect to make or maintain the share belonging to that party similar proceedings shall be had as in case of other fences and with the like effect.
History:  1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.09 - Partition when land bounded by water.

90.09
Partition when land bounded by water.
(1)
When the boundary line between enclosed lands owned by different persons is a river, brook, pond or creek, which of itself is not a sufficient fence, and it is impracticable, without unreasonable expense, for a partition fence to be built on the true boundary line, and either owner or occupant refuses to join in making a partition fence on either side of the river, brook, pond or creek, or they disagree respecting making a partition fence, either party may apply to 2 or more fence viewers of the town, who, after giving notice as provided in s. 90.07, shall proceed to view the river, brook, pond or creek.
(2)
If the fence viewers determine that the river, brook, pond or creek is not a sufficient fence and that it is impracticable, without unreasonable expense, to build a fence on the true boundary line, the fence viewers shall, in writing under their hands, determine how or on which side of the river, brook, pond or creek the fence shall be built or whether the fence shall be built partly on one side and partly on the other side. The fence viewers shall assign to each owner or occupant that owner's or occupant's share of the fence and the time within which the respective parties shall build the fence. The fence viewers shall file their determination in the office of the town clerk, who shall record the determination.
(3)
If either party refuses or neglects to build that party's part of the fence within the time assigned by the fence viewers, the other party may, after having completed his or her own part, build the other party's part and recover the expense of building the other party's part of the fence as provided under s. 90.11.
(4)
If the fence viewers determine that it is impracticable, either from the formation of the banks of the river, brook, pond or creek or for any other reason, to maintain any fence along or near the boundary line, they shall give written notice to the parties of that determination.
History:  1991 a. 316; 1997 a. 253.
This chapter's plain language, when read in light of s. 990.01 (42), unambiguously authorizes a city to administer the enforcement procedures of this chapter. White v. City of Watertown, 2019 WI 9, 385 Wis. 2d 320, 922 N.W.2d 61, 16-2259.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.10 - Compulsory repair of fence.

90.10
Compulsory repair of fence.
If any person neglects to repair or rebuild any partition fence that by law that person is required to maintain, the aggrieved party may complain to 2 or more fence viewers of the town, who, after giving notice as provided in s. 90.07, shall examine the fence. If the fence viewers determine that the fence is insufficient, they shall inform the delinquent party of the insufficiency and direct the delinquent party to repair or rebuild the fence within a time that the fence viewers determine is reasonable. If the fence is not repaired or rebuilt within the time fixed by the fence viewers, the complainant may repair or rebuild the fence and recover the expense of repairing or rebuilding the fence as provided under s. 90.11.
History:  1991 a. 316; 1997 a. 253.
This chapter's plain language, when read in light of s. 990.01 (42), unambiguously authorizes a city to administer the enforcement procedures of ss. 90.10 to 90.12. White v. City of Watertown, 2019 WI 9, 385 Wis. 2d 320, 922 N.W.2d 61, 16-2259.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.12 - Apportionment of cost of fence.

90.12
Apportionment of cost of fence.
When, in any controversy that may arise between occupants of adjoining lands as to their respective rights in any partition fence, it shall appear to the fence viewers that either of the occupants had, before any complaint made to them, voluntarily erected the whole fence, or more than that occupant's just share of the same, or otherwise become proprietor thereof, the other occupant shall pay for so much as may be assigned to him or her to repair or maintain; the just value thereof which the other occupant ought to pay shall be ascertained by proceeding as prescribed in s. 90.11.
History:  1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.13 - Partition fence on newly enclosed land.

90.13
Partition fence on newly enclosed land.
(1)
When any previously unenclosed land is enclosed, the owner or occupant of the newly enclosed land shall pay for 50 percent of each partition fence standing upon the line between that owner's or occupant's land and the enclosure of any other owner or occupant, unless the line has been previously divided. If the line has been previously divided, the owner or occupant of the newly enclosed land shall pay the value of the fence on the part of the line previously assigned to that owner or occupant. In either case, the value of the fence at the time shall be ascertained on the application of either adjoining owner or occupant as provided in s. 90.11, if the parties do not agree.
(2)
If the responsible owner or occupant fails to pay the value for 60 days after the value has been ascertained and demand made, the proprietor of the fence may recover the value with the fence viewers' fees and costs.
History:  1991 a. 316; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.14 - Fence on town line.

90.14
Fence on town line.
In all cases where the line upon which a partition fence is to be made or to be divided is the boundary line between towns or partly in one town and partly in another a fence viewer shall be taken from each town; and divisions of such fences by them or by agreement of the parties shall be recorded in the office of the clerk of each town.
This chapter's plain language, when read in light of s. 990.01 (42), unambiguously authorizes a city to administer the enforcement procedures of this chapter. White v. City of Watertown, 2019 WI 9, 385 Wis. 2d 320, 922 N.W.2d 61, 16-2259.
2023 Wisconsin Statutes & Annotations › Chapter 90 - Fences. › 90.15 - Fees of viewers; neglect of duty.

90.15
Fees of viewers; neglect of duty.
A fence viewer is entitled to the following fees and expenses for services rendered under this chapter: daily employment, mileage, service of notice or process and folios written. The rate of pay for the fees and expenses shall be set by the viewer's city, village or town. The fees and expenses shall be paid equally by the parties to the controversy, and if any of them neglect to pay the same within 30 days after the services are performed, each fence viewer may recover from delinquent parties jointly double the amount of the fees and expenses. A fence viewer who neglects to perform his or her duties shall forfeit $5 and be liable to the injured party for damages. Fence viewers may administer oaths for purposes of this chapter.
History:  1979 c. 221.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.02 - Rule making.

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 following:
(a)
Identify accessory uses under s. 91.01 (1) (e).
(b)
Identify agricultural uses under s. 91.01 (2) (b).
(c)
Identify agriculture-related uses under s. 91.01 (3) (b).
(d)
Identify base farm tracts under s. 91.01 (5) (b).
(e)
Specify requirements for certification under s. 91.18 (1) (b).
(f)
Require information in an application for certification of a farmland preservation plan or amendment under s. 91.20 (4).
(g)
Specify types of ordinance amendments for which certification is required under s. 91.36 (8) (b) 3.
(h)
Specify exceptions to the requirement that land in a farmland preservation zoning district be included in a farmland preservation area under s. 91.38 (1) (g).
(i)
Specify requirements for certification of a farmland preservation zoning ordinance under s. 91.38 (1) (i).
(j)
Require information in an application for certification of a farmland preservation zoning ordinance or amendment under s. 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 farmland preservation zoning district under s. 91.46 (1) (j).
(p)
Require information in an application for a farmland preservation agreement under s. 91.64 (2) (h).
(r)
Prescribe procedures for compliance monitoring under s. 91.82 (3).
History:  2009 a. 28; 2011 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.03 - Intergovernmental cooperation.

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 standardizing relevant information, identifying and mapping significant agricultural resources, and planning and evaluating the impact of state actions on agriculture.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.04 - Department to report.

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 board of agriculture, trade and consumer protection and provide copies of the report to the department of revenue and the department of administration. The department shall prepare the report in cooperation with the department of revenue and shall include all of the following in the report:
(1)
A review and analysis of farmland availability, uses, and use trends in this state, including information related to farmland conversion statewide and by county.
(2)
A review and analysis of relevant information related to the farmland preservation program under this chapter and associated tax credit claims under subch. IX of ch. 71, including information related to all of the following:
(a)
Participation in the program by political subdivisions and landowners.
(b)
Tax credit claims by landowners, including the number of claimants, the amount of credits claimed, acreage covered by tax credit claims, the amount of credits claimed under zoning ordinances and under farmland preservation agreements, and relevant projections and trends.
(c)
The number, identity, and location of counties with certified farmland preservation plans.
(d)
Trends and developments related to certification of farmland preservation plans.
(e)
The number, identity, and location of political subdivisions with certified farmland preservation zoning ordinances.
(f)
Trends and developments related to certification of farmland preservation zoning ordinances.
(g)
The number, nature, and location of agricultural enterprise areas.
(h)
The number and location of farms covered by farmland preservation agreements, including new farmland preservation agreements, and the number and location of farms for which farmland preservation agreements have expired.
(i)
Conservation compliance by landowners under s. 91.80 and compliance activities by county land conservation committees under s. 91.82.
(j)
Rezoning of land out of farmland preservation zoning districts under s. 91.48.
(k)
Program costs, cost trends, and cost projections.
(L)
Key issues related to program performance and key recommendations, if any, for enhancing the program.
History:  2009 a. 28; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.12 - Certified plan.

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 plan that was certified under s. 91.16 if the certification has not expired or been withdrawn.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.14 - Expiration of plan certification.

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 expiration date, on the following date:
(a)
December 31, 2011, for a county with an increase in population density of more than 9 persons per square mile.
(b)
December 31, 2012, for a county with an increase in population density of more than 3.75 but not more than 9 persons per square mile.
(c)
December 31, 2013, for a county with an increase in population density of more than 1.75 but not more than 3.75 persons per square mile.
(d)
December 31, 2014, for a county with an increase in population density of more than 0.8 but not more than 1.75 persons per square mile.
(e)
December 31, 2015, for a county with an increase in population density of not more than 0.8 person per square mile.
(2)
The certification of a farmland preservation plan that the department certifies under s. 91.16 expires on the date specified under s. 91.16 (2).
(3)
For the purposes of sub. (1), a county's increase in population density is the number by which the county's population per square mile based on the department of administration's 2007 population estimate under s. 16.96 exceeds the county's population per square mile based on the 2000 federal census.
(4)
The secretary of agriculture, trade and consumer protection may delay the date for the expiration of a county's farmland preservation plan for up to 2 years beyond the date under sub. (1) upon a written request from the county demonstrating to the secretary's satisfaction that a delay would allow the county to concurrently develop a farmland preservation plan and a comprehensive plan or an update to a comprehensive plan.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.18 - Requirements for certification of plan.

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)
An amendment to a farmland preservation plan qualifies for certification under s. 91.16 if it complies with all of the requirements in sub. (1) that are relevant to the amendment and it does not cause the farmland preservation plan to violate any of the requirements in sub. (1).
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.20 - Applying for certification of plan.

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 to provide:
(1)
The proposed farmland preservation plan or amendment.
(2)
All of the following background information:
(a)
A concise summary of the farmland preservation plan or amendment, including key changes from any previously certified farmland preservation plan.
(b)
A concise summary of the process by which the farmland preservation plan or amendment was developed, including public hearings, notice to and involvement of other governmental units within the county, approval by the county, and identification of any key unresolved issues between the county and other governmental units within the county related to the farmland preservation plan or amendment.
(c)
The relationship of the farmland preservation plan or amendment to any county comprehensive plan.
(3)
A statement, signed by the county corporation counsel and the county planning director or chief elected official, certifying that the farmland preservation plan or amendment complies with all of the requirements in s. 91.18.
(4)
Other relevant information that the department requires by rule.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.32 - Certified ordinance.

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)
A farmland preservation zoning ordinance that was certified under s. 91.36 if the certification has not expired or been withdrawn.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.34 - Expiration of zoning certification.

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 provide an expiration date, on the following date:
(a)
December 31, 2012, for a county with an increase in population density of more than 9 persons per square mile or a city, village, or town in such a county.
(b)
December 31, 2013, for a county with an increase in population density of more than 3.75 but not more than 9 persons per square mile or a city, village, or town in such a county.
(c)
December 31, 2014, for a county with an increase in population density of more than 1.75 but not more than 3.75 persons per square mile or a city, village, or town in such a county.
(d)
December 31, 2015, for a county with an increase in population density of more than 0.8 but not more than 1.75 persons per square mile or a city, village, or town in such a county.
(e)
December 31, 2016, for a county with an increase in population density of not more than 0.8 person per square mile or a city, village, or town in such a county.
(2)
The certification of a farmland preservation zoning ordinance that the department certifies under s. 91.36 expires on the date specified under s. 91.36 (2).
(3)
For the purposes of sub. (1), a county's increase in population density is the number by which the county's population per square mile based on the department of administration's 2007 population estimate under s. 16.96 exceeds the county's population per square mile based on the 2000 federal census.
(4)
The secretary of agriculture, trade and consumer protection may delay the date for the expiration of a political subdivision's farmland preservation zoning ordinance for up to 2 years beyond the date under sub. (1) upon a written request from the political subdivision demonstrating to the secretary's satisfaction that a delay would allow the political subdivision to concurrently develop a farmland preservation zoning ordinance and a comprehensive plan or an update to a comprehensive plan.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.38 - Requirements for certification of ordinance.

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 enforcement provisions that are necessary for proper administration.
(c)
The farmland preservation zoning ordinance clearly designates farmland preservation zoning districts in which land uses are limited in compliance with s. 91.42.
(d)
The farmland preservation zoning ordinance includes maps that clearly delineate each farmland preservation zoning district, so that a reader can easily determine whether a parcel is within a farmland preservation zoning district; that are correlated to the text under par. (e); and that comply with technical specifications that the department establishes by rule.
(e)
The text of the farmland preservation zoning ordinance clearly describes the types of land uses authorized in each farmland preservation zoning district.
(f)
The farmland preservation zoning ordinance is substantially consistent with a certified farmland preservation plan.
(g)
Except as provided by the department by rule, land is not included in a farmland preservation zoning district unless the land is included in a farmland preservation area identified in the county certified farmland preservation plan.
(h)
If an overlay district, such as an environmental corridor, is superimposed on a farmland preservation zoning district, all of the following apply:
1.
The farmland preservation zoning ordinance clearly identifies the overlay district as such.
2.
The overlay district is shown on the maps under par. (d) in a way that allows a reader to easily identify the underlying farmland preservation zoning district and its boundaries.
3.
The overlay district does not remove land use restrictions from the underlying farmland preservation zoning district.
(i)
The farmland preservation zoning ordinance complies with any other requirements that the department specifies by rule.
(2)
An amendment to a farmland preservation zoning ordinance qualifies for certification under s. 91.36 if it complies with all of the requirements in sub. (1) that are relevant to the amendment and it does not cause the farmland preservation zoning ordinance to violate any of the requirements in sub. (1).
(3)
The limits on land uses in farmland preservation districts under s. 91.42 are minimum standards for certification of a farmland preservation zoning ordinance under s. 91.36.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.40 - Applying for certification of ordinance.

91.40
Applying for certification of ordinance.
A political subdivision seeking certification of a farmland preservation zoning ordinance or amendment to a farmland preservation zoning ordinance shall submit all of the following to the department in writing, along with any other relevant information that the political subdivision chooses to provide:
(1)
The complete farmland preservation zoning ordinance or amendment proposed for certification.
(2)
All of the following background information:
(a)
A concise summary of the farmland preservation zoning ordinance or amendment, including key changes from any previously certified farmland preservation zoning ordinance.
(b)
A concise summary of the process by which the farmland preservation zoning ordinance or amendment was developed, including public hearings, notice to and involvement of other governmental units, approval by the political subdivision, and identification of any key unresolved issues with other governmental units related to the farmland preservation zoning ordinance or amendment.
(c)
A description of the relationship of the farmland preservation zoning ordinance or amendment to the county certified farmland preservation plan, including any material inconsistencies between the farmland preservation zoning ordinance or amendment and the county certified farmland preservation plan.
(3)
A statement, signed by the county planning director or the chief elected official, certifying that the farmland preservation zoning ordinance or amendment complies with s. 91.38 (1) (f) and (g).
(4)
A statement, signed by the applicant's attorney or chief elected official, certifying that the farmland preservation zoning ordinance or amendment complies with all applicable requirements in s. 91.38.
(5)
Other relevant information that the department requires by rule.
History:  2009 a. 28; 2011 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.42 - Land use in farmland preservation zoning districts; general.

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 preservation zoning ordinance allows a land use in a farmland preservation zoning district other than the following land uses:
(1)
Uses identified as permitted uses in s. 91.44.
(2)
Uses identified as conditional uses in s. 91.46.
(3)
Prior nonconforming uses, subject to s. 59.69 (10), 60.61 (5), or 62.23 (7) (h).
(4)
Other uses allowed by the department by rule.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.44 - Permitted uses.

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 following land uses:
(a)
Agricultural uses.
(b)
Accessory uses.
(c)
Agriculture-related uses.
(d)
Nonfarm residences constructed in a rural residential cluster in accordance with an approval of the cluster as a conditional use under s. 91.46 (1) (e).
(e)
Undeveloped natural resource and open space areas.
(f)
A transportation, utility, communication, or other use that is required under state or federal law to be located in a specific place or that is authorized to be located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use.
(g)
Other uses identified by the department by rule.
(2)
The department may promulgate rules imposing additional limits on the permitted uses that may be allowed in a farmland preservation zoning district in order for a farmland preservation zoning ordinance to comply with s. 91.42.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.48 - Rezoning of land out of a farmland preservation zoning district.

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 political subdivision finds all of the following, after public hearing:
(a)
The land is better suited for a use not allowed in the farmland preservation zoning district.
(b)
The rezoning is consistent with any applicable comprehensive plan.
(c)
The rezoning is substantially consistent with the county certified farmland preservation plan.
(d)
The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
(2)
A political subdivision shall by March 1 of each year provide to the department a report of the number of acres that the political subdivision has rezoned out of a farmland preservation zoning district under sub. (1) during the previous year and a map that clearly shows the location of those acres.
(3)
A political subdivision that is not a county shall by March 1 of each year submit a copy of the information that it reports to the department under sub. (2) to the county in which the political subdivision is located.
(4)
If a political subdivision fails to comply with sub. (2), the department may withdraw the certification granted under s. 91.06, 2007 stats., or under s. 91.36 for the political subdivision's farmland preservation zoning ordinance.
History:  2009 a. 28; 2011 a. 32; 2011 a. 257 s. 56.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.50 - Exemption from special assessments.

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 in a farmland preservation zoning district.
(2)
A political subdivision, special purpose district, or other local governmental entity may deny the use of improvements for which the special assessment is levied to land that is exempt from the assessment under sub. (1).
(3)
The exemption under sub. (1) does not apply to an assessment that an owner voluntarily pays, after the assessing authority provides notice of the exemption under sub. (1).
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.60 - Farmland preservation agreements; general.

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 following apply:
(a)
The land is operated as part of a farm that produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which the owner applies for a farmland preservation agreement or a total of at least $18,000 in gross farm revenues during the last 3 taxable years preceding the year in which the owner applies for a farmland preservation agreement.
(b)
The land is located in a farmland preservation area identified in a certified farmland preservation plan.
(c)
The land is in an agricultural enterprise area designated under s. 91.84.
(3)
Prior agreements.
(a)
Except as provided in par. (c) or s. 91.66, a farmland preservation agreement entered into before July 1, 2009, remains in effect for the term specified in the agreement and under the terms that were agreed upon when the agreement was last created, extended, or renewed.
(b)
The department may not extend or renew a farmland preservation agreement entered into before July 1, 2009.
(c)
The department and an owner of land who entered into a farmland preservation agreement before July 1, 2009, may agree to modify the farmland preservation agreement in order to allow the owner to claim the tax credit under s. 71.613 rather than the tax credit for which the owner would otherwise be eligible.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.62 - Farmland preservation agreements; requirements.

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 15 years.
(b)
Includes a correct legal description of the tract of land covered by the farmland preservation agreement.
(c)
Includes provisions that restrict the tract of land to the following uses:
1.
Agricultural uses and accessory uses.
2.
Undeveloped natural resource and open space uses.
(2)
Form. The department shall specify a form for farmland preservation agreements that complies with s. 59.43 (2m).
(3)
Effectiveness. A farmland preservation agreement takes effect when it is signed by all owners of the land covered by the farmland preservation agreement and by the department.
(4)
Recording. The department shall provide a copy of a signed farmland preservation agreement to a person designated by the signing owners and shall promptly present the signed agreement to the register of deeds for the county in which the land is located for recording.
(5)
Change of ownership. A farmland preservation agreement is binding on a person who purchases land during the term of a farmland preservation agreement that covers the land.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.64 - Applying for a farmland preservation agreement.

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 provided by the department, to the county clerk of the county in which the land is located.
(2)
Contents of application. A person submitting an application under sub. (1) shall include all of the following in the application:
(a)
The name and address of each person who has an ownership interest in the land proposed for coverage by the agreement.
(b)
The location of the land proposed for coverage, indicated by street address, global positioning system coordinates, or township, range, and section.
(c)
The legal description of the land proposed for coverage.
(d)
A map or aerial photograph of the land proposed for coverage, showing parcel boundaries, residences and other structures, and significant natural features.
(e)
Information showing that the land proposed for coverage is eligible under s. 91.60 (2).
(f)
A description of every existing mortgage, easement, and lien, other than liens on growing crops, on land proposed for coverage, including the name and address of the person holding the lien, mortgage, or easement.
(h)
Any other information required by the department by rule.
(i)
Any fee under sub. (2m).
(2m)
County processing fee. A county may charge a reasonable fee for processing an application for a farmland preservation agreement.
(3)
County review.
(a)
A county shall review an application under sub. (2) to determine whether the land proposed for coverage meets the requirements under s. 91.60 (2) (b) and (c). The county shall provide its findings to the applicant in writing within 60 days after the day on which the county clerk receives a complete application.
(b)
If the county finds under par. (a) that the land proposed for coverage meets the requirements under s. 91.60 (2) (b) and (c), the county shall promptly send all of the following to the department, along with any other comments that the county chooses to provide:
1.
The original application, including all of the information provided with the application.
2.
A copy of the county's findings.
(4)
Department action on application.
(a)
The department may prepare a farmland preservation agreement that complies with s. 91.62 and enter into the farmland preservation agreement under s. 91.60 (1) based on a complete application and on county findings under sub. (3) (b).
(b)
The department may decline to enter into a farmland preservation agreement for any of the following reasons:
1.
The application is incomplete.
2.
The land is not eligible land under s. 91.60 (2).
History:  2009 a. 28; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.66 - Terminating a farmland preservation agreement.

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 preservation agreement consent to the termination or release, in writing.
(b)
The department finds that the termination or release will not impair or limit agricultural use of other protected farmland.
(c)
The owners of the land pay to the department, for each acre or portion thereof released from the farmland preservation agreement, a conversion fee equal to 3 times the per acre value, for the year in which the farmland preservation agreement is terminated or the land is released, of the highest value category of tillable cropland in the city, village, or town in which the land is located, as specified by the department of revenue under s. 73.03 (2a).
(1m)
All conversion fees received under sub. (1) (c) shall be deposited in the working lands fund.
(2)
The department shall provide a copy of its decision to terminate a farmland preservation agreement or release land from a farmland preservation agreement to a person designated by the owners of the land and shall present a copy of the decision to the register of deeds for the county in which the land is located for recording.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.68 - Violations of farmland preservation agreements.

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 farmland preservation agreement.
(c)
Seek a civil forfeiture for a change in land use that violates a farmland preservation agreement.
(2)
A forfeiture under sub. (1) (c) may not exceed twice the fair market value of the land covered by the agreement at the time of the violation.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.70 - Farmland preservation agreements; exemption from special assessments.

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 agricultural use, if the land is covered by a farmland preservation agreement.
(2)
A political subdivision, special purpose district or other local governmental entity may deny the use of improvements for which the special assessment is levied to land that is exempt from the assessment under sub. (1).
(3)
The exemption under sub. (1) does not apply to an assessment that an owner voluntarily pays, after the assessing authority provides notice of the exemption under sub. (1).
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.80 - Soil and water conservation by persons claiming tax credits.

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 281.16 (3) (b) and (c).
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 91 - Farmland preservation. › 91.82 - Compliance monitoring.

91.82
Compliance monitoring.
(1)
County responsibility.
(a)
A county land conservation committee shall monitor compliance with s. 91.80.
(b)
For the purpose of par. (a), a county land conservation committee shall inspect each farm for which the owner claims farmland preservation tax credits under subch. IX of ch. 71 at least once every 4 years.
(c)
For the purpose of par. (a), a county land conservation committee may do any of the following:
1.
Inspect land that is covered by a farmland preservation agreement or farmland preservation zoning and that is in agricultural use.
2.
Require an owner to certify, not more than annually, that the owner complies with s. 91.80.
(d)
At least once every 4 years, the department shall review each county land conservation committee's compliance with par. (b).
(2)
Notice of noncompliance.
(a)
A county land conservation committee shall issue a written notice of noncompliance to an owner if the committee finds that the owner has done any of the following:
1.
Failed to comply with s. 91.80.
2.
Failed to permit a reasonable inspection under sub. (1) (c) 1.
3.
Failed to certify compliance as required under sub. (1) (c) 2.
(b)
A county land conservation committee shall provide to the department of revenue a copy of each notice of noncompliance issued under par. (a).
(c)
If a county land conservation committee determines that an owner has corrected the failure described in a notice of noncompliance under par. (a), it shall withdraw the notice of noncompliance and notify the owner and the department of revenue of the withdrawal.
(3)
Procedure. The department may promulgate rules prescribing procedures for the administration of this section by land conservation committees.
History:  2009 a. 28.