Wisconsin Department of Transportation

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Environmental areas - Agriculture

Legal requirements | FDM references | Worksheets/forms | Guidance | FHWA info. | FAQs | Agriculture impact statements

Tools and guidance to assist in the environmental documentation of the agricultural impact of a proposed project.

The following documents are in Adobe Acrobat PDF format unless noted otherwise.

Legal requirements

FDM references

  • FDM 3-15-20 Agricultural impact statements
  • FDM 5-5-5 Coordination with United State Department of Agriculture (USDA)
  • FDM 5-10-30 Coordination with DATCP
  • FDM 20-5-25 Federal agricultural law (Farmland Protection Policy Act)
  • FDM 20-10-20 Federal agricultural policy (farmland protection policy)

  • FDM 20-20-30 State agricultural statutes (SS.91 Farmland Preservation)
  • FDM 20-30-1 State agency agreements (DATCP - WisDOT cooperative agreement)
  • FDM 21-25-30 Agricultural impact statement (agricultural impact notice, processing, acquisition of interests where detailed information is not required, how to transmit notifications)
  • FDM 21-25-35 Natural resources conservation service farmland conversion impact rating (form AD-1006)
  • FDM 24-1-5 Ecological overview of land and water resources (including factor sheet reference list)

  • FDM 24-10-15 Agricultural lands (land suitable for cultivation and other uses)

Worksheets/forms

Guidance

The federal Farmland Protection Policy Act (FPPA) is concerned with soil; the state agricultural impact statement (AIS) statute is focused on economic units called farm operations.

The FPPA requires the completion of NRCS CPA-106 for all federal-aid projects that acquire any kind of land outside the corporate limits of a municipality. NRCS CPA-106 is completed by the project manager and most commonly results in a score of less than 60 points in part VI. If the score in part VI is 60 or more points, then the project manager must complete parts I and III of the form and send it to the Natural Resources Conservation Service (formerly the Soil Conservation Service) for their input into parts II, IV and V.

The state AIS statute requires WisDOT to provide DATCP with pertinent information whenever a project proposes to acquire land from a farm operation through the actual or potential use of the powers of eminent domain. The determination of whether to prepare an AIS, and the actual AIS preparation is the responsibility of DATCP.

AD-1006 form (see section 523.61) and the CPA-106 form (see section 523.62)

FHWA information

FAQs - for FPPA form NRCS CPA-106

Does land zoned for urban uses or land within the corporate limits of a community qualify as farmland?

No, the U.S. Department of Agriculture revised its interpretation of the FPPA implementing regulations and exempted such lands from the requirements.

When is form NRCS CPA-106 completed?

Form AD-1006 must be completed whenever a federally-funded project is proposed outside the corporate limits of a municipality. This form is completed and attached to the ER, EA or draft EIS if the score in part VI is below 60 points. If the score is 60 or more points the form must be sent to the state soil scientist of the Natural Resources Conservation Service (NRCS, formerly the Soil Conservation Service) so they may complete their portion. When the form is returned from the NCRS it should be attached to the ER, EA, or draft EIS.

What is done with it when it is completed?

When the score in part VI is below 60 points the process is complete and the form is attached to the ER, EA, or draft EIS. Scores of 60 or more points must be sent to the NCRS for their review and scoring. When returned from the NCRS, you must complete the remaining parts and total the score. If the total score is over 160 points, it indicates that additional alternatives should be considered that have a lesser score, or that efforts may need to be expended to lessen the projects effects on farmland.

Agriculture impact statements (AIS)

Who prepares an AIS and when?

The agriculture impact statement (AIS) is prepared by DATCP from information supplied by the project developer. Farms within the corporate limits of a municipality must be reported.

An AIS must be prepared whenever any urban or rural project would acquire five or more acres from a farm operation.

Note: Projects developed under Chapter 82 Wis. Stats. town highways are exempted from the AIS requirement and projects located entirely within the boundaries of a city or village.

An AIS may be prepared when between one and five acres are acquired from a farm operation. An AIS is rarely prepared if all acquisitions from farm operations are less than one acre and do not acquire elements of the farm operation that are needed for its function (barns, homes, outbuildings, wells, etc.)

The AIS is normally prepared by DATCP by the time an ER, EA or draft EIS is approved. Under certain circumstances, and in consultation with DATCP and Bureau of Technical Services (BTS), an AIS may be prepared before the Finding of No Significant Impact (FONSI) or final EIS is approved.

What happens if an AIS is not ready?

If the AIS is expected, but not completed by the time the environmental document is ready for approval, the regional environmental coordinator should be contacted. They will contact DATCP and BTS and work to resolve any issues. It is important to note that real estate negotiations with farm operations covered in an AIS cannot begin, by statute, until the AIS is completed.

Data and data sources

  • NRCS for extensive information including soil surveys

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Questions about the content of this page:
Janet Nodorft, janet.nodorft@dot.wi.gov
Last modified: November 18, 2013

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