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 49.26 - Applying for ordinance certification

Universal Citation: WI Admin Code ยง ATCP 49.26

Current through August 26, 2024

(1) GENERAL. Except as provided under s. 91.36 (8), Stats., and s. ATCP 49.27, a political subdivision seeking certification of its farmland preservation ordinance shall submit an application to the department as provided in this section.

(2) REQUIRED INFORMATION. The application for certification shall include all of the following in order to be considered complete and evaluated for compliance with s. 91.36, Stats.:

(a) An application on a form developed by the department that includes the information required under s. 91.40 (2), Stats.

Note: You may obtain a copy of the form by contacting the department at the following address:

Department of Agriculture, Trade and Consumer Protection

Attn: Bureau of Land and Water Resource Management

P. O. Box 8911

Madison, WI 53708-8911

Website: https://datcp.wi.gov/Documents/OrdinanceApplicationForm.docx

(b) All parts of the zoning ordinance affected by the farmland preservation district for which the political subdivision is seeking certification.

(c) All spatial location data used to delineate the farmland preservation zoning districts proposed for certification, submitted in accordance with department requirements on format.

(3) ORDINANCE TEXT. The ordinance text shall comply with the requirements in s. 91.38 (1), Stats.

(4) ORDINANCE MAP. A farmland preservation zoning ordinance shall include a map that clearly delineates each farmland preservation zoning district so that a reader can determine whether a parcel is within a farmland preservation district. The farmland preservation zoning ordinance map shall do all of the following:

(a) Be comprised of one county map or a series of town maps for a county ordinance, or one map for a city, town, or village ordinance.

(b) Be titled "Zoning Ordinance Map" preceded or followed by the name of the political subdivision depicted on the map.

(c) Specify the county in which the farmland preservation zoning district is located, if the map covers only one town, city, or village.

(d) Clearly delineate areas zoned for farmland preservation, designating parcels as included in the farmland preservation district or included in another zoning district and following parcel boundaries to the extent possible.

Note: The zoning district does not need to follow parcel boundaries, although the department prefers that districts follow parcel boundaries. For purposes of the tax credit, landowners covered by the farmland preservation zoning district are responsible for claiming the correct number of acres of land they own that are covered by the farmland preservation district, regardless of whether the political subdivision follows parcel boundaries.

(e) Display environmental or other overlay areas in a way that does not obscure or confuse the boundaries of an underlying farmland preservation zoning district.

(f) Be drawn at a map scale no greater than one inch to 2,000 feet (1:24,000).

Note: For submission of a county ordinance, the county may fulfill this requirement by submitting maps at the required scale only for the towns which are to include farmland preservation districts.

(g) Show political boundaries, parcel boundaries, section lines, section numbers, roads, and water bodies.

(h) Include a map legend that includes corresponding symbols or colors for all data represented on the map.

(i) Identify all mapped farmland preservation districts with titles that correspond to the titles in the zoning ordinance text that apply to those districts.

(j) Specify map scale, north arrow direction, map date, and map producer.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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