May a municipality pass an ordinance against using land for
agricultural purposes, which in effect would disallow use value
assessment of such land?
The Wisconsin Department of
Revenue answer is yes. The Department has stated that a municipality may
enact such an ordinance, based on reasonable conditions. The legality
of such an ordinance, and administration of it, would be on a case by
case basis. If land was devoted primarily to a qualifying agricultural
use under Wis. Admin. Code, sec. Tax 18.05(1) during the prior
production season and was compatible with agricultural use on January 1
of the current assessment year, even if in violation of ordinance,
easement, or contract, the land must be classified as ag land for the
current assessment year. The ag classification would apply until such
time that the land is no longer devoted primarily to a qualifying
agricultural use.