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

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

Key Facts

Permit required
Yes, before construction begins
Patio setback
At least 5 feet from property line
Deck setback
Matches the adjoining building's yard rules
No-permit fine
$200 citation plus court costs
Where it applies
Towns that adopted county zoning only

Summary

In towns that adopted Winnebago County's zoning ordinance, a permit is required before building, moving, or enlarging a deck, and patios must stay at least five feet from every property line.

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

No structure associated with a land use listed in the land use matrix under s. 23.8-41 shall be established, expanded, located, erected, moved, reconstructed, enlarged, extended, converted, or structurally altered without a zoning permit, except those specifically exempted in that section. ... When attached or adjoining a principal building, the deck shall meet the required yard, height, and separation requirements of the principal building. ... Patios shall not be closer than 5 feet to any property line.

Full Breakdown

Section 23.7-271 requires a zoning permit before any deck is established, expanded, moved, reconstructed, or enlarged, unless specifically exempted. A deck attached to the house must meet the same yard, height, and separation standards as the principal building; a free-standing deck follows accessory-building standards and still counts toward the maximum number of detached accessory buildings on the lot. Patios must sit at least 5 feet from any property line but are exempt from separation and accessory floor-area limits. These rules bind only the unincorporated towns that adopted Winnebago County's zoning ordinance under Wis. Stat. § 59.69, not Oshkosh, Neenah, Menasha, or Appleton.

Violations & Fines

Building or enlarging a deck or patio without the required permit draws a $200 citation plus court costs under § 23.14-9; other violations run $300 per day.

Frequently Asked Questions

Do I need a permit to build a deck in Winnebago County?
Yes. Section 23.7-271 requires a zoning permit before a deck is built, moved, or enlarged in any town that adopted the county's zoning ordinance, unless the work is specifically exempted.
How close can a patio be to my property line in Winnebago County?
At least 5 feet, per § 23.8-479(a)(1); patios are exempt from the county's accessory floor-area and building-separation limits.

Sources & Official References

Other rules in Winnebago County

All Winnebago County rules

Compare Winnebago County to another location·View the Wisconsin building safety overview

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Building Permits in Cities Across Winnebago County