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 49.25 - Certification standards
Current through August 26, 2024
(1) QUALIFYING FOR CERTIFICATION. The department may certify a farmland preservation zoning ordinance under s. 91.36, Stats., if that ordinance complies with the requirements in ss. 91.38 and 91.40, Stats., and this subchapter.
(2) CONSISTENCY WITH FARMLAND PRESERVATION PLAN. At least 80% of the area planned for farmland preservation in each town, city, or village covered by a certified farmland preservation plan shall be included in the farmland preservation district or a district that imposes land use restrictions as restrictive as or more restrictive than the farmland preservation zoning district. The department may consider certifying a farmland preservation zoning ordinance that is between 70% and 80% consistent with a farmland preservation plan if the political subdivision can demonstrate to the secretary's satisfaction a reasonable, objective justification for the lower level of consistency.
If an area is planned for farmland preservation but is not zoned for farmland preservation, it may be zoned as open space or conservancy. Such a zoning designation would be consistent with farmland preservation. Areas that are zoned for nonagricultural residential, commercial, or industrial use, however, would not be consistent with farmland preservation.
