91.48 Rezoning of land out of a farmland preservation zoning district. - Wisconsin Statutes

91.48

91.48 Rezoning of land out of a farmland preservation zoning district.

91.48(1)

(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 all of the following apply:

91.48(1)(a)

(a) The political subdivision finds all of the following, after public hearing:

91.48(1)(a)1.

1. The land is better suited for a use not allowed in the farmland preservation zoning district.

91.48(1)(a)2.

2. The rezoning is consistent with any applicable comprehensive plan.

91.48(1)(a)3.

3. The rezoning is substantially consistent with the county certified farmland preservation plan.

91.48(1)(a)4.

4. 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.

91.48(1)(b)

(b) Beginning on January 1, 2010, the person who requests the rezoning pays to the political subdivision, for each rezoned acre or portion thereof, a conversion fee equal to the greater of the following:

91.48(1)(b)1.

1. Three times the per acre value, for the year in which the land is rezoned, of the highest value category of tillable cropland in the city, village, or town in which the rezoned land is located, as specified by the department of revenue under s. 73.03 (2a).

91.48(1)(b)2.

2. An amount specified in the certified farmland preservation zoning ordinance.

91.48(2)

(2) A political subdivision shall by March of 1 each year provide all of the following to the department:

91.48(2)(a)

(a) 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.

91.48(2)(b)

(b) A report of the total amount of conversion fees that the political subdivision received as conversion fees under sub. (1) (b) for the rezoned acres under par. (a).

91.48(2)(c)

(c) A conversion fee equal to the amount under sub. (1) (b) 1. for each rezoned acre reported under par. (a).

91.48(3)

(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) (a) and (b) to the county in which the political subdivision is located.

91.48(4)

(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.

91.48 - ANNOT.

History: 2009 a. 28.