Items of Interest to Planners in the Governor's Budget Bill (1999 Assembly Bill 133), Introduced February 16, 1999

1. Farmland Preservation (On the way out the door). Effective December 31, 2000, lands will no longer have to be under preservation contracts or exclusive agricultural zoning to qualify for farmland preservation tax credits. After December 31, 2000, no liens will be attached to lands rezoned from exclusive agricultural zoning. Effective January 1, 2001, there will be no state minimum standard for exclusive agricultural use zoning, including no 35-acre minimum parcel size. All reference to farmland preservation planning will be deleted.

Farmland preservation tax credits will be available at reduced levels from January 1, 2001 through the end of calendar year 2002. Up until the end of the year 2002, a new law will allow credits for farmland owners who sell, donate or otherwise transfer development rights to a government agency or a non-profit entity.

The holder of the development rights may subsequently develop the property, with the written consent of the owner of the property and with the written consent of the Department of Agriculture, Trade, and Consumer Protection, "in a way that retains or protects natural, scenic or open space values of farmland, assuring the availability of farmland for agriculture, forest, wildlife habitat, or open space use, protecting natural resources or maintaining or enhancing air or water quality." This new credit available through the year 2002 will be called the Farmland Preservation Acreage Credit and is a credit against income tax liabilities.

2. New Drainage Boards Grants. A grant program will be set up within DATCP for local farm drainage boards.

3. On Site Waste Disposal Systems--Statutory Language Anticipating Comm 83. Language is established sorting out the responsibilities of the Department of Commerce and the Department of Natural Resources regarding small sewage systems. The phrase "private" systems is phased out. The Department of Commerce will assume concurrent jurisdiction to issue sanitary permits with local governments. This includes holding tanks and systems that discharge below the surface of the ground. These systems can be exempted by the DNR from WPDES permit requirements.

4. Dane County Regional Planning Commission Elimination and Expansion. The Dane County RPC is to be dissolved on December 31, 2001. In the interim, the Commission will be run by a board appointed by the Governor from lists submitted by the Dane County Executive, the Mayor of Madison and associations representing smaller cities, villages and towns. However, up to five seats can be filled from a list the Governor creates.

By January 1, 2002, the counties surrounding Dane County must vote on whether to participate in a new multi-county RPC. Formation requires 2/3s of the voting counties to approve. The SEWRPC membership model would be used for the proposed multi-county RPC. After December 31, 2001, no RPC can be formed that has only one county.

5. Definition of a Comprehensive Plan. A definition would be provided for the content of a comprehensive plan for a city, village, town or regional planning commission. No mandate is provided in this section of the budget bill for any government to do any such planning and the new definition would apply only prospectively to plans adopted after the effective date of the budget law or amended after the effective date. Statutory language is retained, under which county comprehensive plans must incorporate the master plans of cities and villages. Existing plans are not required to be brought into conformance with the new definition. This new definition of comprehensive plan is the work product of the discussion group initiated by the Wisconsin Builders Association and 1,000 Friends of Wisconsin with participation from a variety of groups. Profession Brian Ohm served as recorder.

6. Town Incorporations--Incorporations As Part of Cooperative Plans. The minimum area for a town incorporation is reduced from 4 square miles to 3 square miles. The cooperative plan statute is proposed to be amended to allow a cooperative plan to include incorporation of all or part of a town into a city or village, subject to referendum.

7. Annexation Reviews. The time frame for DOA (George Hall) annexation reports is expanded from 20 days to 60 days. The effective date of annexation ordinances is changed from the date of adoption by the city, village board to the date of recording with the register of deeds.

8. Minnesota-Wisconsin boundary area commission. The budget bill will withdraw Wisconsin from the joint commission.

9. Exemption of a project in Trempeleau County from wetland regulations. The bill exempts a particular, but unnamed, economic development project in Trempeleau County from wetland and shoreland/floodplain regulations.

10. Land Information System. The Wisconsin Land Information Board is abolished effective September 1, 2003. Effective that date, the funds will be available to the LIB but will be transferred to DOA to develop a computer-based land information system independent of the board. Additionally, DOA is authorized to conduct soil surveys and the soil mapping, assessing state agencies to do so.

11. Planning Grants. The budget bill authorizes the Department of Administration to award up to one million dollars each year to counties, cities, villages, towns and RPCs for planning activities, including consultant services and purchase of computer equipment and software. The 80% grants will be subject to written approval of the Department of Transportation, since Wisconsin DOT funds are the source of the appropriations.

12. Brownfields. The budget bill contains a number of provisions regarding brownfields and rehabilitation of blighted property subject to environmental pollution including further landscaping of septage.

13. The DNR is directed to study the State's program regulating application of septage to land.