Wisconsin Statutes 91.64 – Applying for a farmland preservation agreement
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Terms Used In Wisconsin Statutes 91.64
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- in writing: includes any representation of words, letters, symbols or figures. See Wisconsin Statutes 990.01
- Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) Submitting an application. An owner who wishes to enter into a farmland preservation agreement shall submit an application signed by the owner and each person required to be identified under sub. (2) (f), on a form provided by the department, to the county clerk of the county in which the land is located.
(2) Contents of application. A person submitting an application under sub. (1) shall include all of the following in the application:
(a) The name and address of each person who has an ownership interest in the land proposed for coverage by the agreement.
(b) The location of the land proposed for coverage, indicated by street address, global positioning system coordinates, or township, range, and section.
(c) The legal description of the land proposed for coverage.
(d) A map or aerial photograph of the land proposed for coverage, showing parcel boundaries, residences and other structures, and significant natural features.
(e) Information showing that the land proposed for coverage is eligible under s. 91.60 (2).
(f) A description of every existing mortgage, easement, and lien, other than liens on growing crops, on land proposed for coverage, including the name and address of the person holding the lien, mortgage, or easement.
(h) Any other information required by the department by rule.
(i) Any fee under sub. (2m).
(2m) County processing fee. A county may charge a reasonable fee for processing an application for a farmland preservation agreement.
(3) County review.
(a) A county shall review an application under sub. (2) to determine whether the land proposed for coverage meets the requirements under s. 91.60 (2) (b) and (c). The county shall provide its findings to the applicant in writing within 60 days after the day on which the county clerk receives a complete application.
(b) If the county finds under par. (a) that the land proposed for coverage meets the requirements under s. 91.60 (2) (b) and (c), the county shall promptly send all of the following to the department, along with any other comments that the county chooses to provide:
1. The original application, including all of the information provided with the application.
2. A copy of the county’s findings.
(4) Department action on application.
91.64(4)(a) (a) The department may prepare a farmland preservation agreement that complies with s. 91.62 and enter into the farmland preservation agreement under s. 91.60 (1) based on a complete application and on county findings under sub. (3) (b).
(b) The department may decline to enter into a farmland preservation agreement for any of the following reasons:
1. The application is incomplete.
2. The land is not eligible land under s. 91.60 (2).