Working Lands Initiative (WLI)

What is the Working Lands Initiative? For additional information or assistance, please contact Brian Simmert @ 608-355-3285 Ext 3437 or by Email: bsimmert@co.sauk.wi.us

What is the Working Lands Initiative?

The Governor included the Wisconsin Working Lands Initiative in his proposed 2009-2011 state
budget bill (AB 75). The Working Lands Initiative will:

Modernize Wisconsin’s 30-year old farmland preservation program, and enhance tax credits for farmers.
Improve farmland preservation planning and zoning.
Enhance soil and water conservation.
Authorize a matching grant program (PACE) to purchase agricultural conservation easements from willing landowners.

On May 12, 2009 the Legislature’s Joint Finance Committee approved the Governor’s Working Lands Initiative with slight modifications. The Joint Finance Committee action keeps the Working Lands Initiative intact (the proposal now goes to the full Legislature). The Joint Finance Committee made the following modifications to the Governor’s proposal:

How will the Working Lands Initiative Affect County Farmland Preservation Programs?

County Farmland Preservation Plans

Require counties to adopt farmland preservation plans by January 1, 2016, rather than January 1, 2015 (technical correction).
Clarify deadlines for re-certifying existing plans (certification is required for farmers to claim tax credits). Clarify that deadlines are based on actual change in county population density per square mile from 2000 to 2007, rather than percentage change (technical correction).
Allow the DATCP Secretary to extend a plan re-certification deadline for up to 2 years for cause, at the request of a county or local government (allows flexibility to coordinate with comprehensive planning).
Require counties to describe, in their farmland preservation plans, county policies, goals and strategies to increase housing density outside of farmland preservation areas (encourages higher housing density in non-farm areas to preserve farmland for agricultural use).
Require counties to state, in their farmland preservation plans, the rationale used to identify farmland preservation areas shown in the plan (helps ensure a rational planning process).

Farmland Preservation Zoning Ordinances

Clarify deadlines for re-certifying existing zoning ordinances (certification is required for farmers to claim tax credits). Clarify that deadlines are based on actual change in county population density per square mile from 2000 to 2007, rather than percentage change (technical correction).
Allow the DATCP Secretary to extend an ordinance re-certification deadline for up to 2 years for cause, at the request of a county or local government (allows flexibility to coordinate with other local zoning timetables).
Clarify that farmland preservation zoning standards in the bill are minimum standards, and that county and local governments may adopt more stringent standards to protect farmland. (County and local governments may adopt and enforce any ordinance they choose, but an ordinance must meet or exceed minimum farmland preservation standards in order to be certified for farmland
preservation tax credit purposes).
Clarify that farmland preservation zoning ordinances are to be adopted and administered according to existing municipal law (avoids conflict with current municipal law, and ensures that county and local governments may exercise all of their authority under current law).
Clarify that “prior nonconforming uses” are allowed in farmland preservation zoning districts in accordance with current law (avoids conflict with current municipal law related to “prior nonconforming uses”).
Allow alternative determination dates for “base farm tracts” (used to determine housing density in farmland preservation zoning districts). “Base farm tracts” may be determined on the date of ordinance certification or on an earlier date specified in the ordinance (this accommodates county and local governments that have already identified “base farm tracts”).
Clarify that a conditional use permit is required when, in a certified farmland preservation zoning district, a change of occupancy converts a farm residence to a non-farm residence (technical clarification).
Delay implementation of rezoning conversion fee (applies when a parcel of land is rezoned out of a farmland preservation zoning district at the request to a landowner) until January 1, 2010 (allows reasonable time for local implementation). Clarify that the landowner requesting the rezone is responsible for paying the conversion fee (technical clarification).

Agricultural Enterprise Areas

Authorize DATCP to designate up to 15, rather than 10, “agricultural enterprise areas” prior to January 1, 2012 (farmers in “agricultural enterprise areas” may enter into farmland preservation agreements with DATCP and claim tax credits pursuant to those agreements).

Funding for Farmland Preservation Tax Credits

Change the funding source for part of the farmland preservation tax credit by replacing lottery funds with GPR funds transferred from the school levy tax credit appropriation, and using the lottery funds to replace the school levy tax credit GPR funds (the funding switch addresses constitutional limitations on use of lottery funds – it has no budget impact, and does not change the amount of funding proposed for farmland preservation tax credits or school levy tax credits).

Purchase of Agricultural Conservation Easements (PACE) Program

Require conservation easements to be located in farmland preservation areas designated under a certified county farmland preservation plan (ensures that easements are consistent with county land use plans).
Require DATCP to specify reimbursable easement transaction cost by rule (will provide greater specificity related to reimbursement of transaction costs, which are different from easement purchase costs paid to farmers).
Require DATCP to notify the Joint Finance Committee, and give the committee 14 days to object, before DATCP authorizes the purchase of an agricultural conservation easement for more than $750,000 (allows the committee to review and, if it chooses, halt unusually expensive easement purchases).
Require DATCP to obtain a second professional appraisal if an initial appraisal values an easement at more than $350,000 (helps ensure that appraised values are accurate).
Clarify that DATCP may not pay for an easement based on an appraisal commissioned by the grantor of the easement (prevents conflicts of interest).
Remove provision authorizing a court to terminate an agricultural conservation easement and order the landowner to pay compensation to easement holders on terms determined by the court (this change makes the bill consistent with Wisconsin’s Uniform Conservation Easement Act, s. 700.40, Stats., which already provides equivalent authority and ensures equivalent treatment of PACE and other conservation easements).
Clarify that any payments received by the state in connection with the modification or termination of an agricultural conservation easement will be deposited to the working lands fund (ensures that payments, if any, will be used to preserve working lands).

Information provided via Department of Agriculture, Trade and Consumer Protection
May 20, 2009