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STAFF REPORT Dane County Exclusive Agricultural Zoning Ordinance Text Background The Dane County ordinance was certified on June 5, 1978, by the Agricultural Preservation Board (the predecessor of the Land and Water Conservation Board) under the standards for certification established at that time. In 1993, the Dane County ordinance text was again reviewed by the department. Amendments had been made to the ordinance text since its original certification, some of which were not consistent with current law. In addition, the ordinance text had not been updated to keep it completely consistent with changes in Chapter 91, Wis. Stats. At the December 20, 1993 meeting of the Land and Water Conservation Board, the following motion was adopted: "The board moves for approval and certification of the Dane County exclusive agriculture zoning ordinance text for 1993 calendar year, upon the condition that Dane County interpret and administer the ordinance according to the provisions of Chapter 91 in the following three areas: (1) complying with ch. 91 requirements on permitted and conditional uses, by requiring conditional use permits for day care centers for not more than 8 children, roadside stands, rental of secondary residences, and certain home occupations; (2) use the definition of `use consistent with agricultural use'; and (3) granting rezones only after findings of fact conform to the requirements of s. 91.77." Dane County failed to amend its text to bring it into compliance with ch. 91, Wis. Stats., at least in part because the department entered into rule making during 1994, which could impact ordinance requirements. The proposed administrative rule went to public hearing in December of 1994. Because the rule had not yet been promulgated, and some of the proposed rule provisions could affect both LWCB-required changes to the Dane County ordinance and other provisions of the Dane County ordinance, Dane County requested an extension to the conditional certification for 1994 and 1995 only, requiring Dane County to make the amendments necessary to their ordinance by the end of 1996. At the November 29, 1994 meeting of the LWCB, the conditional certification of the Dane County ordinance was extended for 1994 and 1995 only, with the following conditions: (1) Restrict nonagricultural uses in the exclusive agricultural use districts consistent with ch. 91, Stats., and applicable rules. (2) Require that special exceptions, conditional uses and variances in exclusive agricultural use districts be "consistent with agricultural use," as required under ch. 91, Stats., and applicable rules. (3) Require specific findings of fact under s. 91.77, Stats., and applicable rules before rezoning land out of an exclusive agricultural use district.