HomeMy WebLinkAboutResolution 2010 (03) RESOLUTION SUPPORTING
DELAYED IMPLEMENTATION OF
FARMLAND PRESERVATION REZONING CONVERSION FEE
Resolution No. 3 C�� ► ��
St. Croix County, Wisconsin
WHEREAS, St. Croix County has participated in the Wisconsin Farmland
Preservation Program since the St. Croix County Farmland Preservation Plan was
adopted by the County Board in 1980 and exclusive agricultural zoning was adopted in
1982; and
WHEREAS, St. Croix County's participation in the Wisconsin Farmland
Preservation Program has resulted in the preservation of productive agricultural land
and allowed farmers to collect tax credits totaling more than twelve million dollars since
1982; and
WHEREAS, the governing statute, Wisconsin Statutes Chapter 91, remained
largely unchanged for nearly 30 years until Governor Doyle and the Department of
Agriculture, Trade, and Consumer Protection (DATCP) proposed revisions (known as
the Working Lands Initiative) to Chapter 91 in Assembly Bill 75, the proposed state
budget; and
WHEREAS, Assembly Bill 75 was signed into law as 2009 Wisconsin Act 28 on
June 29, 2009, and revised Chapter 91 to require landowners to pay a conversion fee
beginning on January 1, 2010 when they rezone their land from the Agricultural zoning
district to any other zoning district, whether or not they ever farmed the land or ever
collected farmland preservation tax credits; and
WHEREAS, Chapter 91 requires all counties to update their farmland
preservation plan over the next 5 years and, within one year after plan adoption,
requires counties to update their exclusive agricultural zoning ordinances to maintain
certification for tax credit eligibility; and
WHEREAS, Chapter 91 imposes the rezoning conversion fee effective January
1, 2010, based on existing plans, ordinances and zoning maps, without the benefit of
an updated farmland preservation plan or ordinance; and
WHEREAS, charging the conversion fee is a burden on property owners who are
not farmers, whose land is not currently being farmed, and who never collected
farmland preservation tax credits in the past; and
WHEREAS, delaying implementation of the conversion fee until after revised
plan and ordinance adoption and certification allows counties and landowners time to
properly address all the planning and zoning requirements of the new Working Lands
Program.
NOW, THEREFORE, BE IT RESOLVED that the St. Croix County Board of
Supervisors hereby requests that legislation be introduced and passed to delay the
implementation of the farmland preservation rezoning conversion fee under Wisconsin
Statutes § 91.48(1)(b) until a county updates its farmland preservation plan and zoning
ordinance, and the plan and ordinance are certified by DATCP.
BE IT FURTHER RESOLVED, that the County Clerk send a copy of this
resolution to Governor Jim Doyle, Senator Sheila Harsdorf, Representatives Ann
Hraychuck, John Murtha and Kitty Rhoades, the Senate Committee on Agriculture and
Education, the Assembly Committee on Agriculture, DATCP Secretary Rod Nilsestuen,
all county clerks of Wisconsin counties with exclusive agricultural zoning and the
Wisconsin Counties Association.
Offered by the Planning and Zoning Committee on January 19, 2010.
YES NO ABSTAIN ABSENT SUPERVISOR SIGNAT '?
❑ ❑ ❑ Gene Ruetz�
Sharon
❑ ❑ ❑ Norton- Bauman ,
�-❑ ❑ ❑ Lorin Sather
❑ ❑ ❑ Peter Post �aJt —�
❑ ❑ ❑ Steve Hermsen a�
-7 This Resolution was adopted by the St. Croix County Board
Reviewed as to form on / — ` of Supervisors on ke,q
Greg TinVerman, Corporation Counsel Cindy Campbell, ounty Cler
STATE OF WISCONSIN
COUNTY OF ST. CROIX
I. Cindy Carnpbelf, St. Croix
County Clark, DO HEREBY CERTFY that
the f Qregoi is a true arid co of
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adopted by the County Board of Supervisors
at their rnaetirrB.heM � �► . / a-D IO
�I St. croif County Ct