1. (1) An amendment to a certified farmland preservation zoning ordinance is automatically considered to be certified as part of the certified farmland preservation zoning ordinance, except as provided in sub. (2).

   Note: A political subdivision may submit to the department, at any time, an amendment to a certified farmland preservation zoning ordinance, and request a written determination from the department as to whether the amendment requires certification by the department.

2. (2) An amendment to a certified farmland preservation zoning ordinance shall be submitted to the department for certification review under s. 91.36, Stats., and s. ATCP 49.26, and is not considered to be automatically certified, if the amendment does any of the following:

   1. (a) Adds uses not previously allowed in the farmland preservation district.
   2. (b) Eliminates findings or conditions that must be met before approving a use for a location in the farmland preservation district.
   3. (c) Increases the number of nonfarm residences or the number of nonfarm acres allowed in the farmland preservation district.
   4. (d) Changes the findings required for allowing a rezone out of a farmland preservation district.

   5. (e) Results in a farmland preservation zoning ordinance map that no longer meets the requirements of s. ATCP 49.25 (2).

      Note: Changing the numbering or formatting of the ordinance, changing the minimum lot size, rezoning land out of a farmland preservation district unless the rezone would result in a farmland preservation zoning map that no longer meets the specified consistency requirements with the currently certified farmland preservation plan map, or making changes that only affect districts outside of the farmland preservation zoning district do not require certification by the department.

History

History: CR 13-003: cr. Register December 2013 No. 696, eff. 1-1-14.