Brown County, WI Building Safety: Building Permits (2026)
Key Facts
- Landward setback minimum
- 35 feet from OHWM
- Combined floor area cap
- 200 sq ft total
- Vegetative buffer required
- 70% of near-water half
- Citation
- Brown County Code § 22.27(2)(b)
Summary
Brown County requires a special shoreland permit for decks, patios, gazebos and screen houses built inside the 75-foot shoreland setback, capping their combined floor area at 200 square feet and requiring a 35-foot buffer from the water.
(b) Shoreland Permit - Special. Open sided, no side, and screened structures such as gazebos, decks, patios and screen houses in the shoreland setback area that satisfy the requirements in s. 59.692(1v), Wis. Stats. 1. The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary-high water mark. 2. The total floor area of all the structures in the shoreland setback area will not exceed 200 square feet. Boathouses shall be excluded from the calculation.
Full Breakdown
Section 22.27(2)(b) of Chapter 22 lets open-sided, no-side or screened structures such as decks, patios, gazebos and screen houses sit inside the ordinary 75-foot shoreland setback only under a special shoreland permit. The nearest part of the structure must stay at least 35 feet landward of the ordinary high-water mark, total floor area of all such structures on the lot cannot exceed 200 square feet, and the owner must maintain a vegetative buffer over at least 70% of the half of the setback area closest to the water. Boathouses do not count toward the 200-square-foot cap. This applies in unincorporated Brown County towns and the shoreland zone, not Green Bay or De Pere.
Violations & Fines
The Brown County Zoning Administrator issues the special shoreland permit; building a deck or patio in the setback without one, or exceeding the 200-square-foot cap, draws Chapter 30 forfeiture penalties and possible removal.
Frequently Asked Questions
Do I need a permit for a deck near the water in Brown County?
How close to the water can a shoreland-permitted deck sit?
Sources & Official References
Other rules in Brown County
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