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Published - Monday, February 08, 2010

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Vernon County Towns Association talks about zoning

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Farmland preservation zoning was the hot topic at the Vernon County Towns Association meeting Thursday, Jan. 28.

Although the tax credits could benefit most farmers, the idea of zoning throughout the county and implementing a comprehensive plan caused some town board members to shy away from the new Working Lands Initiative tax credit program. Another concern was that conversion penalties are now enforced if the zoning changes for land that is zoned exclusively agricultural.

“The farmland preservation program is 30 years old,” Ben Wojahn, Land and Water Conservation GIS specialist, said. “A lot of farmers have depended on it for some extra tax credit. It lost its effectiveness over the years.”

Wojahn said the reason for the changes is to concentrate the farmland preservation. The new farmland preservation zoning tax credits took effect Jan. 1, although many farmers won’t be impacted until their current farmland preservation contracts are up.

In order for all farmers in Vernon County to be able to participate, two things would need to be done: create a countywide exclusive ag zoning ordinance, or have each individual town create their own zoning ordinance, and have a comprehensive plan at the county or town level.

The tax credit is a refundable tax credit on a farmer’s income tax. The new program allows eligible landowners to collect $5 per acre tax credit for a farmland preservation agreement signed after July 1, 2009, and located in an agricultural enterprise area; $7.50 per acre tax credit in an area zoned for farmland preservation and $10 per acre tax credit in an area zoned for farmland preservation located within an agricultural enterprise area with a farmland preservation agreement signed after July 1, 2009.

Wojahn said the acreage counted toward the tax credit does not just include tillable acres. It includes all of the woodland, wasteland, rough acres or whatever land is connected to the base farm.

“It’s not going to happen overnight,” Wojahn said. “It’s going to take a lot of cooperation between the towns and the county. The mapping that is required is pretty detailed.”

The towns of Coon and Harmony in Vernon County already have exclusive agricultural zoning, so they will be able to participate in the new program this year.

Wojahn said the towns will have the option to have either the entire town or separate districts within the town zoned for farmers to get the tax credits. Only the areas zoned will be eligible for the tax credit, and they will be the only areas affected by the conversion fees.

Several town board members asked if the Amish would be included in this tax credit program.

“The Amish will be subject to all of this if [their property] is zoned,” Wojahn said. “They’ll have to pay the conversion fees and use a nutrient management plan. I think it would really restrict the Amish on what they’re already doing.”

Another informational meeting on the Working Lands Initiative farmland preservation zoning will be held at the Whitestown Town Hall, S710 Sandhill Rd., La Farge at 12:30 p.m. Feb. 9.
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