Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 49 - Farmland Preservation
Subchapter III - Farmland Preservation Zoning
Section ATCP 49.23 - Conditional uses

In addition to the uses listed in s. 91.46, Stats., and s. ATCP 49.22, a proposed new single-family or duplex nonfarm dwelling may be allowed as a conditional use in a certified farmland preservation district. The new nonfarm dwelling is subject to legal restrictions established by the political subdivision which demonstrate to the department's satisfaction that the restrictions will be as restrictive as the density standards for nonfarm residences set forth in s. 91.46(2), Stats.

A political subdivision that chooses to allow limited nonfarm residences within the certified farmland preservation district may choose to implement the base farm tract concept defined in s. 91.01(5), Stats., and applied through s. 91.46(2) (c) 1 and 2., Stats., or may utilize an alternative provision developed at the local level. The political subdivision must demonstrate to the Secretary that the local provision limits nonfarm development to the same extent or more as the state statutes so that the alternative policy would not allow for both additional nonfarm residences to be built and more nonfarm residential acreage to be introduced into the farmland preservation district. The political subdivision may choose to apply a density restriction to all parcels in the district regardless of whether the parcels qualify as farms under the definition of farm in the ordinance. The conditional use permit for a nonfarm residence is an optional provision that a political subdivision may choose to include in a farmland preservation zoning ordinance.