Section 91.16. Certification of plan by the department.

 

(1)   General. The department may certify a farmland preservation plan or an amendment to a farmland preservation plan as provided in this section.

(2)   Certification period.

(a) The department may certify a farmland preservation plan for a period that does not exceed 10 years. The department shall specify the expiration date of the certification of the farmland preservation plan in the certification.

(b) The certification of an amendment to a certified farmland preservation plan expires on the date that the certification of the farmland preservation plan expires, except that the department may treat a comprehensive revision of a certified farmland preservation plan as a new farmland preservation plan and shall specify an expiration date for the certification of the revised farmland preservation plan as provided in par. (a) .

(3)   Scope of department review.

(a) The department may certify a county's farmland preservation plan or an amendment to the farmland preservation plan based on the county's certification under s. 91.20 (3) , without conducting any additional review or audit.

(b) The department may do any of the following before it certifies a county's farmland preservation plan or amendment:

1. Review the farmland preservation plan or amendment for compliance with s. 91.18 .

2. Review and independently verify the application for certification, including the statement under s. 91.20 (3) .

(4)   Denial of certification. The department shall deny a county's application for certification of a farmland preservation plan or amendment if the department finds any of the following:

(a) That the farmland preservation plan or amendment does not comply with the requirements in s. 91.18 .

(b) That the application for certification does not comply with s. 91.20 .

(5)   Written decision; deadline. The department shall grant or deny an application for certification under this section no more than 90 days after the day on which the county submits a complete application, unless the county agrees to an extension. The department shall issue its decision in the form required by s. 227.47 (1) .

(6)   Conditional certification. The department may grant an application for certification under this section subject to conditions specified by the department in its decision under sub. (5) . The department may certify a farmland preservation plan or amendment contingent upon the county board adopting the farmland preservation plan or amendment as certified.

(7)   Effective date of certification. A certification under this section takes effect on the day on which the department issues its decision, except that if the department specifies conditions under sub. (6) , the certification takes effect on the day on which the department determines that the county has met the conditions.

(8)   Effectiveness of plan amendments. For purposes of this chapter and s. 71.613 , a certified farmland preservation plan does not include an amendment adopted after July 1, 2009, unless the department certifies the amendment.

(9)   Withdrawal of certification. The department may withdraw a certification that it granted under sub. (3) (a) if the department finds that the farmland preservation plan materially violates the requirements under s. 91.18 .

2009 a. 28 .