Laws and Plans Pertaining to Rezoning out of Farmland Preservation

Wisconsin Statutes and the Jefferson County Agricultural Preservation and Land Use Plan both specify procedures to be followed when rezoning out of farmland preservation. Both state that such rezonings must comply with comprehensive plans, but the rezoning of the boat-storage property clearly does not comply with the Town of Concord comprehensive plan. Further, those citizens who attended the county's meetings did not hear any discussion of how this property is "better suited" for nonagricultural use (point (a) of the procedures below). We also did not hear any discussion of how this complies with the county's plan.

Here are quotations from Wisconsin state law and the county plan (boldface added):

Wis. Stats. 91.48: Rezoning of land out of a farmland preservation zoning district

(1)  A political subdivision with a certified farmland preservation zoning ordinance may rezone land out of a farmland preservation zoning district without having the rezoning certified under s. 91.36, if the political subdivision finds all of the following, after public hearing:
(a) The land is better suited for a use not allowed in the farmland preservation zoning district.
(b) The rezoning is consistent with any applicable comprehensive plan.
(c) The rezoning is substantially consistent with the county certified farmland preservation plan.
(d) The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

Page 31 of Jefferson County Agricultural Preservation and Land Use Plan

Whenever land is proposed for rezoning from a certified farmland preservation zoning district (such as A-1) to a noncertified zoning district, require that the following criteria in Section 91.28,** Wis. Stats. is met:
a. The land is better suited for a use not allowed in the A-1 zoning district.
b. The rezoning is consistent with the applicable town and County comprehensive plan.
c. The rezoning is substantially consistent with this County certified farmland preservation plan.
d. The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.

**Section 91.28 appears to be a typo for Section 91.48. There is no Section 91.28 in the Wisconsin Statutes.