Slide Presentation - Door County Web Map

Door County farms produce diverse agricultural
products, ranging from dairy to a wide array of
fruits and vegetables, thanks to the county’s
varying soils, topography, and moderate climate.
1

Overall, total number of farms, including
orchards, has trended downward, after factoring
in the change in the way farms are counted.
Change in the way the USDA Census of
Agriculture counted farms created upward spike;
horse and pony, Christmas tree, and maple
syrup farms now counted.
2

Losses occurring in number of mid-size farms.
Between 1987 and 2007:
21% increase in number of large farms (500+
acres)
28% decrease in number of mid-size farms (50
– 499 acres)
71% increase small farms or “hobby” farms (less
than 50 acres)
5

Both number and size of apple & cherry
orchards have significantly decreased
Mid-1940s, 700 cherry growers in the county; by
2002, only 65 growers remained.
As of 2008, approx. 60 cherry farms and 20
apple farms, producing on approx. 3,000
acres.
6

Conversion of agricultural land to nonagricultural
use in Door County exceeds eastern
district and state averages.
Between 2000 and 2002, 64% (yearly average)
of agricultural land sold in Door County
converted to non-agricultural uses, compared to
the state’s average of 29%.
9

Loss of agricultural land coincides with the
increase in seasonal and year-round population,
particularly in the northern part of the county;
population growth between 2000 and 2006 in
north accounted for 51% of all growth in the
county.
Towns experiencing high population growth in
northern Door County also had some of the
greatest percentage declines in dairy farm
numbers.
10

Number of hobby farms has gone up partly due to
niche agriculture in the areas of:
organic and sustainable farming
market farms
production of landscaping trees and plants
Over 80 (15 – 20%) agricultural producers that
sell their products locally at roadside stands,
farmers markets, or directly from
the farm.
11

GOAL 2: Establish and enhance local education,
coordination, and funding efforts to promote
agricultural preservation.
GOAL 5: Preserve existing agriculture and
promote more sustainable agricultural
operations, providing local food sources to serve
present and future generations.
12

Develop local plans, ordinances, and programs
to retain large, contiguous areas of prime
agriculture.
Support and preserve small family farms as well
as low-impact and emerging agricultural
operations.
13

sustainable agriculture practices, such as
organic certification
sustainable forestry practices
producing, processing, and selling crops locally
allow appropriate processing and sales options
on-site for agricultural uses.
tap into the growing “buy local” movement.
14

Revised Chapter 91 – “Working Lands Initiative” –
effective July 1, 2009.
New statutory definition of “Agricultural Use”:
Crop or forage production (includes orchards)
Keeping livestock
Beekeeping
Nursery, sod, or Christmas tree production; forest
management
Floriculture, aquaculture
Fur farming
Enrollment in federal agricultural commodity payment
program or federal or state agricultural land
conservation payment program 16

Multiple components: county farmland
preservation plans; income tax credits for
Exclusive Agricultural zoning and/or Agricultural
Enterprise Areas; Purchase of Agricultural
Conservation Easements.
Conservation standard compliance required.
Most components of law not effective until
updated plan, maps, and ordinance developed
and certified by DATCP. Door County plan must
be certified by December 31, 2012.
17

$5.00/acre if located in AEA only.
$7.50/acre if located in EA zoning only.
$10.00/acre if zoned EA and in AEA.
All must:
Earn at least $6,000/year in gross farm
revenue (or $18,000 over 3-year
period).
Be in compliance with NR 151
Agricultural Performance Standards.
Use the land primarily for agriculture.
Have paid property taxes.
18

No minimum lot size mandated by state.
Some non-farm development on small lots
allowed, either via conditional use permit
or by rezoning and paying conversion fee.
Creation of small lots no longer needs to
be for farm consolidation purposes or for
farm workers/family residences.
$7.50/acre income tax credit.
19

Rezoning out of EA requires “findings findings of fact” fact and shall
be “substantially substantially consistent” consistent with farmland preservation
plan.
Fee for rezoning lands out of EA:
3 times Dept. of Revenue (DOR) Grade 1 cropland
value.
Example: Clay Banks Grade 1 value is $219/acre
(changes yearly). $219/acre x 3 = $657/acre.
Fee collected by county, sent to DOR.
Owners not collecting tax credits still subject to fee.
No fee for sale of land.
No fee for rezoning as part of plan certification process.
20

Country Road
John &
Mary Smith
Zoned EA
40 a
John & Mary Smith
Zoned EA
20 a
John & Mary Smith
Purchased 20 a
Zoned EA
Smith
Acres LLC
Zoned EA
40 a
Base Farm Tract 2 – 40 acres
Base Farm Tract 1 – 60 acres
Ownership of both parcels is exactly the same
Purchased land after base farm tract
determined; does not change base farm tract
acreage. 22

Individual and cluster developments of non-farm lots
may be allowed by CUP in EA if:
Ratio of non-farm lot acreage to the base farm tract
acreage minus the non-farm acreage is less than 1 to
20 (0.05); and
No more than 4 non-farm dwelling units established
on base farm tract (an additional farm residence is
also allowed for each base tract); and
Proposed non-farm parcel(s) will not:
Convert prime farmland or cropland (other than a
woodlot) from agricultural use, unless no
reasonable alternative location.
Significantly impair or limit the current or future
agricultural use of any other protected farmland.
23

Country Road
John &
Mary Smith
40 a
Zoned EA
John &
Mary Smith
– 20 a
Zoned EA
Base farm tract = 60 acres
1 existing farm residence
Ratio of non-farm acreage to farm
acreage minus non-farm acreage may
not exceed 1 to 20 (0.05).
DATCP formula:
R (non-farm development
acreage allowed) = Base farm
tract acreage /21.
Up to 2.85 acres of non-farm lots
allowed. Could contain up to four
non-farm residences.
May
authorize
with CUP if
new lots do
not convert
prime soils
or cropland
or impair/
limit future
agricultural
use of any
other
protected
farmland.
24

Contiguous land area devoted primarily to
agricultural use and locally targeted for agricultural
preservation and agricultural development.
AEA must be identified as preservation area in
county Farmland Preservation Plan map.
Application must be submitted by five or more
eligible farms (land totaling at least 1,000 acres) and
the local government, and be approved by DATCP.
Farmers in AEAs are eligible for income tax credits
($5/acre) if they enter individual, 15-year contracts
with DATCP. Early contract release requires
payment of conversion fee (same formula as for
rezoning out of EA district).
25

Pilot program underway: Approx. 12 AEAs and
200,000 acres approved statewide for program start
January 1, 2011.
2011 applications being solicited now for 2012
program start; February 18, 2011 deadline.
Interested parties should also contact Coreen Fallat
at coreen.fallat@wisconsin.gov or (608) 224-4625
prior to submitting a petition.
Petition form on DATCP website,
http://www.datcp.state.wi.us/workinglands/forms.jsp.
26

State will provide 50% matching grants toward
PACE.
Participants: landowners, non-profit
organizations, local and other governments.
Permanent deed restrictions, binding current
and future owners.
Land remains on tax rolls as agricultural land.
No public access requirement.
Applications solicited annually; DATCP
determining selection process.
27

Door County Soil & Water Conservation
Department (SWCD) will review compliance for:
Cropland Erosion
Manure Storage Facilities
Clean Water Diversion
Nutrient Management
Manure Management
DATCP still working on processes for reporting
and communication between agencies (DOR,
Door County SWCD, and DATCP).
28

New landowner certification requirements
starting with the 2010 tax return
Most landowners can work toward achieving
compliance while still claiming a tax credit
Counties and DATCP have new compliance
monitoring responsibilities
29

Which Operations Must Meet State
Conservation Standards?
Operations in certified
agricultural zoning
districts
Operations with new or
modified agreements
signed after 2009
Operations with
agreements signed after
~2004 (new conservation
standards)

State Conservation Standards
Sheet, Rill & Wind Erosion Nutrient Management

State Conservation Standards
New or substantially altered
manure storage
Existing failing or leaking
manure storage

State Conservation Standards
Clean water diversions
Water quality
management areas
Areas susceptible to
groundwater
contamination
Within 300 feet of a
navigable stream
Within 1,000 feet of a
lake

State Conservation Standards
No overflow of manure
structures
No unconfined manure
stacks in WQMAs

State Conservation Standards
No direct runoff from feedlots or
stored manure
No unlimited livestock access to
waters of the state

Compliance is Required for the
Entire Farm
All parts of the farm must be compliant with
all agricultural performance standards and
manure management prohibitions
Does not only apply to land for which the credit is
claimed
Entire farm includes:
Commonly owned land used as part of a single
farm operation
Shared/rented land for manure applications
Land not in agricultural production

Landowner Responsibilities
Must certify compliance to claim tax credit
for CY 2010
For landowners who claimed in 2009
Exhibit compliance
Develop a schedule to achieve compliance
No later than December 31, 2015
Landowners that did not claim in 2009 must
certify compliance and will not be allowed to
schedule compliance
May amend tax return if compliance is later
verified

Notice of Noncompliance
Failure to comply with conservation
standards
Failure to permit a reasonable inspection
Failure to respond to self-certification
self certification
requests
Offer of cost-share cost share is not needed to
require compliance to maintain the ability
to receive tax credits

After 12/31/2012, for Door County
farmers to be eligible for tax credits,
farmland preservation plan and map
must meet state Working Lands Initiative
standards and be certified by DATCP.
If any EA zoning, zoning ordinance and
map(s) also must be certified.
Farmland preservation plan text and map
must be consistent with zoning; all must
be consistent with comprehensive plan.
39

1. Clay Banks retains and/or other towns choose
to have (some) areas zoned EA.
2. Rezone all EA to a different agricultural zoning
district, such as Prime Agricultural or General
Agricultural.
3. Pursue AEA designation(s), regardless of
zoning district(s).
4. Pursue PACE option, regardless of zoning
district(s).
5. Forego participation in formal state programs.
6. Develop (other or additional) programs within
the county.
40

November 30, 2010: Kick-off meeting.
Winter 2010-2011: Public Participation Plan,
possible grant application for plan development.
2011: Planning, SWCD, UWEX, and interested
farmers and others develop draft plan based on
comp. plans and other public input.
Early 2012: Submit plan (and ordinance ?)
certification application(s) to DATCP.
Late 2012: County adopts final versions;
county and towns amend comprehensive plan
future land use maps, if necessary.
Zoning ordinance amendments in place by
1/1/2014. (Note: conversion fees required if
EA zoning map removals not adopted “in
conjunction” with plan certification.)