Laserfiche WebLink
3 . Require specific findings of fact under s . 91 . 77, <br /> Stats . , and applicable rules before rezoning land <br /> out of an exclusive agricultural use district . <br /> (10) Dane County has not yet adopted specific ordinance <br /> amendments in response to the conditions specified under subs . <br /> (8) (b) and (9) (b) above . However, Dane County has made other <br /> amendments to the ordinance which required department review for <br /> compliance with ch. 91, Stats . That review noted other provisions <br /> that will require amendment . <br /> (11) On October 4 , 1994 , the LWCB approved hearing draft <br /> rules interpreting ch. 91, Stats . The rules, if adopted, will <br /> create ch. ATCP 51, Wis . Adm. Code (Farmland Preservation) . The <br /> rules, if adopted, may alter the conditions specified by the LWCB <br /> when it conditionally certified the Dane County ordinance on <br /> December 20, 1993 and November 29, 1994 . <br /> (12) Adoption of the proposed rule, ch. ATCP 51, has been <br /> delayed due to a request from the governor that the department wait <br /> for the report of the Interagency Land Use Council before <br /> proceeding with the rule . The ILUC has completed its report to the <br /> governor and the department expects that a modified version of the <br /> proposed rule could be in effect by July 1, 1997 . <br /> (13) The department recommended that the LWCB conditionally <br /> certify Dane County' s exclusive agricultural zoning ordinance for <br /> 1996 only. <br /> CONCLUSIONS OF LAW <br /> (1) The LWCB is responsible for certifying exclusive <br /> agricultural zoning ordinances under ss . 91 . 06 and 91 . 78 , Stats . <br /> The department is responsible for reviewing certification requests <br /> and recommending certification decisions to the LWCB . <br /> (2) In order to be certified by the LWCB, an exclusive <br /> agricultural zoning ordinance must comply with standards specified <br /> under subch. V of ch. 91, Stats . <br /> (3) Before the LWCB certifies an exclusive agricultural <br /> zoning ordinance, the LWCB or the department may require a county <br /> to document that the ordinance complies with subch. V of ch. 91, <br /> Stats. , and that the ordinance was adopted in compliance with <br /> statutory procedures . The LWCB may deny certification if the <br /> requesting county fails to submit relevant documentation upon <br /> request . <br /> (4) Dane County has not made the necessary amendments <br /> specified in the LWCB orders of December 20, 1993 and November 29, <br /> 1994 . In addition, ordinance amendments to the Dane County <br /> ordinance during 1994 and 1995 necessitated a full department <br /> review that indicated further changes are necessary for compliance <br /> with ch. 91, Stats . <br /> (5) Rules currently proposed by the department and the LWCB <br /> may affect the conditions specified in the LWCB order when it <br /> conditionally certified Dane County' s exclusive agricultural zoning <br /> ordinance on December 20, 1993 and November 29, 1994 . <br />