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During 1995, the Governor asked that the rule making process for the proposed administrative <br /> rule for the farmland preservation program be delayed pending completion of a report by the <br /> Interagency Land Use Council. Since the report has now been filed, the department is <br /> resuming work on the rule and anticipates that a modified version of the proposed rule could <br /> be in effect by July 1, 1997. Due to the delay in the rule promulgation process, Dane County <br /> has requested another extension of its ordinance certification. <br /> Staff Review <br /> The department has again reviewed the Dane County ordinance text, in particular because it <br /> was amended several times from December 20, 1993 through April, 1996. Department review <br /> indicates that the Dane County ordinance will need, in addition to items indicated in 1993 and <br /> 1994, further amendments to be in compliance with ch. 91, Stats. These requirements are: <br /> (1) Include the minimum statutory limitations under s. 91.75(8), Stats., pertaining to farm <br /> family businesses, which are authorized under the ordinance. <br /> (2) Include the minimum statutory requirements and procedures under s. 91.75(9), Stats., <br /> pertaining to nonmetallic mineral extraction, which is authorized under the ordinance. <br /> (3) Clarify the circumstances under which the ordinance allows parcels of less than 35 <br /> acres in the exclusive agricultural zoning district. <br /> LWCB Action <br /> The Dane County ordinance was certified for 1994 and 1995 only, by the LWCB's action of <br /> November 29, 1994. In order for the landowners in Dane County who have been receiving <br /> tax credits in the past, to be eligible to receive 1996 tax credits, the LWCB must certify the <br /> county exclusive agricultural zoning ordinance before the end of 1996. <br /> Staff recommends that the LWCB order, in essence, what it ordered in December 1993: certify <br /> the Dane County ordinance for 1996 only, on condition that Dane County interpret and <br /> administer its ordinance in conformance with ch. 91, Stats., and on condition that Dane <br /> County formally amend its ordinance text before the end of 1997 to bring it into conformance <br /> with ch. 91, Stats., and any promulgated administrative rules. <br /> Enclosed is a proposed decision including findings of fact and conclusions of law for your <br /> review. The LWCB may also amend the proposed findings and conclusions according to its <br /> final decision. <br /> Prepared by Kate Lawton <br /> Department of Agriculture, Trade and Consumer Protection <br /> September 20, 1996 <br />