Wisconsin Statewide Rule
Wisconsin Farmland Preservation Agricultural Zoning Law
Key Facts
- Chapter Governs Farmland
- Chapter 91 governs farmland preservation
- DATCP Certifies County
- DATCP certifies county preservation plans
- Tax Credits $10
- Tax credits up to $10 per acre available
- Conversion Fees Apply
- Conversion fees apply when land leaves zoning
- Coexists Right Farm
- Coexists with Right to Farm protections
Summary
Wisconsin's Working Lands Initiative under Statute 91 establishes farmland preservation zoning districts, certifies county and local plans, and offers income tax credits to farmers in certified agricultural enterprise areas.
The agricultural use or agricultural practice alleged to be a nuisance is conducted on, or on a public right-of-way adjacent to, land that was in agricultural use without substantial interruption before the plaintiff began the use of property that the plaintiff alleges was interfered with by the agricultural use or agricultural practice.
Full Breakdown
Wis. Stat. chapter 91, the Working Lands Initiative, replaced Wisconsin's earlier farmland preservation act. Counties prepare farmland preservation plans certified by the Department of Agriculture, Trade and Consumer Protection, and may designate exclusive agricultural zoning districts and agricultural enterprise areas. Farmers in certified districts can qualify for state income tax credits ranging from $5 to $10 per acre. Conversion of land out of farmland preservation zoning may trigger conversion fees. The framework coexists with right-to-farm protections in 823.08 and supports county-level planning that balances development pressures with agricultural viability.
Violations & Penalties
Conversion of land from a certified farmland preservation district triggers a conversion fee equal to three times the per-acre Class 4 agricultural land value. Farmers claiming tax credits must comply with conservation standards or risk loss of credits and back-tax liability.
Frequently Asked Questions
What is Wisconsin's farmland preservation tax credit?
Can a county adopt agricultural zoning in Wisconsin?
Sources
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