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Racine County, WI Building Safety: Building Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Attached decks
use house's own setback
Also covers
pergolas, stairs, landings
Exempt
patios <6" off grade
Still applies
shoreland/floodplain limits
Coverage
towns adopting county zoning

Summary

A deck attached to your house in unincorporated Racine County must meet the same setback as the house itself, but a patio under 6 inches off grade skips setback review entirely under the county zoning ordinance.

City-specific rules exist: Burlington has its own building permits rules that differ from Racine County's county-level regulations. If you live in Burlington, check the city-specific page instead.

Pergolas, decks, stairs and landings that abut a principal structure, whether or not physically attached, and outdoor swimming pools, hot tubs or whirlpools on top of, within, or immediately abutting such shall be considered to be part of the principal structure and principal structure setbacks would apply for required setbacks except where sections 20-1113, 20-1118, and 20-1120 setbacks apply. Items such as a fence, trellis, retaining wall, and sidewalk, driveway or patio less than six (6) inches from grade are not considered an attachment, and are exempt from setbacks except where regulated by shoreland, floodplain or traffic visibility regulations.

(e) For shoreland zoning purposes, in accordance with section 59.692(1)(e), an accessory structure include detached garage, shed, boathouse, sidewalk, stairway, walkway, patio, deck, retaining wall, porch, or fire pit, where the accessory structure is or is not permanently attached to the principal structure by a roof or wall-to-wall, shall be considered separate from the principal structure. (Code 1975, § 7.062; Ord. No. 86-86, § 7.062, 8-26-86; Ord. No. 2000-251S, 8-28-01; Ord. No. 2007-28, 6-26-07; Ord. No. 2008-107, 1-13-09; Ord. No. 2008-136, 3-10-09; Ord. No. 2011-61, 11-8-11; Ord. No. 2020-110, 4-13-21)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 33).

Full Breakdown

Sec. 20-1115(d) treats any deck, pergola, stairs, or landing that abuts the principal structure, attached or not, as part of that structure, so the house's own setback applies to it instead of the looser accessory-structure setback. A raised deck therefore needs the same zoning-permit review as a house addition. By contrast, a patio, sidewalk, driveway, fence, trellis, or retaining wall less than six inches off grade doesn't count as an attachment and is exempt from setback rules, except where shoreland, floodplain, or traffic-visibility standards still apply. This governs unincorporated towns that adopted county zoning, not the City of Racine or its villages.

Violations & Fines

A deck that doesn't meet the principal structure's setback, or a low patio that ignores shoreland or floodplain limits, voids any permit issued under Sec. 20-84 and can draw a removal order.

Frequently Asked Questions

Does a deck need the same setback as my house?
Yes. Sec. 20-1115(d) treats an attached deck, pergola, or landing as part of the principal structure, so the house's setback applies.
Is a ground-level patio exempt from setbacks?
Yes, if it's under 6 inches off grade; taller patios and anything in shoreland or floodplain areas still must comply.

Sources & Official References

Other rules in Racine County

All Racine County rules

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