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Walworth County LCC accepts three farmland-preservation notices of noncompliance
Summary
The Land Conservation Committee accepted three Farmland Preservation Notices of Noncompliance tied to voluntary waivers of program rights; staff described solar siting as a recurring gray area.
The Walworth County Land Conservation Committee accepted three Farmland Preservation Notices of Noncompliance during its May 20 meeting, staff told the committee.
Katie, land conservation staff, said the notices — for Steven L. Loudenback; Truck and Broad Family Joint Venture; and the Mark Larbey Trust — stem from voluntary waivers of program rights rather than actions that clearly removed the properties from program eligibility. "They're a voluntary waiver of rights. They weren't interested in participating in the program, but they didn't do anything that pushed them out of compliance," Katie said.
Why it matters: Farmland preservation enrolment determines eligibility for certain local tax and program benefits and guides county conservation priorities. Committee members said they wanted staff to formally record the notices and asked staff to continue monitoring similar cases.
Staff described a recurring issue when landowners install solar: the committee was told solar can create a gray area for eligibility because some properties retain crop acres around solar installations. "One of the problems we run into is they still have farmland around the outside," Katie said, adding staff have been discussing how to handle such cases and that the county does not want to pursue enforcement if landowners are not actively pursuing solar development.
The committee voted to accept the three notices. The motion to accept was made by Vice Chair Rick Stacey and seconded by citizen member Rick Conkey; the committee recorded aye votes and no opposition.
Clarifying details from the meeting: the three notices were identified by name in the staff packet; staff characterized all three as voluntary waivers of rights rather than clear program violations; at least one case involved a potential solar installation and unresolved questions about whether retained crop acres on the parcel would preserve eligibility; staff recommended formal acceptance of the notices to create a recorded file.
Votes at a glance from the May 20 meeting
- Approve agenda: Motion by Vice Chair Rick Stacey, second by Rick Conkey — approved (ayes recorded). - Approve March minutes: Motion by Vice Chair Rick Stacey, second by Supervisor Sheila Reif — approved (ayes recorded). - Accept three Farmland Preservation Notices of Noncompliance (Loudenback; Truck and Broad Family Joint Venture; Mark Larbey Trust): Motion by Vice Chair Rick Stacey, second by Rick Conkey — approved (ayes recorded). - Adjourn: Motion by Vice Chair Rick Stacey, second by Rick Conkey — approved (ayes recorded).
Next steps: Staff will retain the accepted notices in the county file and continue to consult with landowners and committee members on cases involving solar installations or other uses that complicate farmland-preservation status.
