Right to Farm in Fitchburg, WI

If you live in Fitchburg or are thinking about moving there, right to farm are one of those things you probably won't think about until they affect you directly. Fitchburg has 2 specific rules on the books covering different aspects of right to farm, and some of them might surprise you.

Agricultural Zoning Protection

Fitchburg's Sec. 22-481 A-X Exclusive Agriculture District exists to keep farmland in production: rezoning out of it takes a public hearing and a finding that the change won't impair farming on neighboring parcels, and qualifying farms can claim Wisconsin Farmland Preservation Law tax credits.

Key details: District: A-X Exclusive Agriculture (Sec. 22-481). Animal unit cap: Under 500 per facility. New farm residence: Needs 50%+ income from the farm. Rezone hearing: Wis. Stats. § 91.48 public hearing. Rezone finding: Must not impair neighboring farmland.

Using A-X land for a use beyond the permitted and conditional use lists, exceeding the 500-animal-unit threshold without conditional use approval, or adding a second farm residence without meeting the farm-income test is a zoning violation enforced by the zoning administrator; a rezoning granted without the public-hearing findings required by Sec. 22-481(c) is improper and can be challenged like any other defective zoning action.

Farm Nuisance Protection

Fitchburg's RC Rural Cluster District ties new rural subdivisions to farming: Sec. 22-614(3) requires every new residential lot created under a rural cluster rezoning to have a right-to-farm document recorded, warning incoming homeowners that they sit next to protected agricultural operations.

Key details: District: RC Rural Cluster (Sec. 22-611). Density: 1 dwelling per 35 acres (1979 base). Cluster size: 2 to 10 homes. Land eligibility: 75% no tillage history or Class IV-VIII soil. Right-to-farm document: Required on every new lot.

Recording a final plat or certified survey for an RC subdivision without the required right-to-farm document, or without meeting the tillage/soil eligibility or cluster-size caps in Sec. 22-614, blocks plan commission and common council approval of the rezoning; Chapter 24's land-division violation provisions bar issuance of building permits until all recording requirements are met.

The Bottom Line

Fitchburg's right to farm rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Fitchburg is broadly strict or permissive.

Keep in mind that Fitchburg can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.