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Washington County, WI Building Setbacks & Zoning: Setback Rules (2026)

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

Key Facts

Base setback
75 feet from the OHWM
Minimum with averaging
35 feet from the OHWM
Applies in
Unincorporated towns, shoreland zone only
Wetland setback
25 feet from mapped wetlands
Enforcing agency
Planning and Parks Department
Penalty
$50 to $500 forfeiture per violation

Summary

In the unincorporated towns of Washington County, Wisconsin, new principal structures within the shoreland zone, land within 1,000 feet of a lake or 300 feet of a navigable river, must sit at least 75 feet back from the ordinary high-water mark. Setback averaging can reduce that minimum to as little as 35 feet where neighboring homes already sit closer to the water. Cities and villages set their own rules.

These county ordinances apply to unincorporated areas of Washington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Except as reduced under this section, all temporary and permanent structures shall be set back 75 feet from the OHWM of navigable waters to the nearest part of a building or structure. ... Where there are existing principal structures in both directions, the setback shall equal the average of the distances the two existing principal structures are set back from the OHWM ... The average setback shall not be reduced to less than 35 feet from the OHWM of any navigable water.

Full Breakdown

Washington County Code § 275-5A sets the baseline: except as reduced under the section, all temporary and permanent structures must be set back 75 feet from the ordinary high-water mark (OHWM) of navigable waters, measured to the nearest part of the building. That standard governs the county's own shoreland zoning district under Chapter 275 and reaches only unincorporated land in the county's eleven towns; West Bend, Hartford, Germantown, Jackson, Slinger, Kewaskum, Richfield and Newburg each zone inside their own limits.

Setback averaging under § 275-5B lets a property owner build closer than 75 feet when neighboring principal structures already sit nearer the water. Where existing structures stand on both adjoining lots within 250 feet, the new setback equals the average of those two distances; where only one neighbor is closer, the setback splits the difference between that structure and the 75-foot standard. Either way, the averaged setback can never drop below 35 feet from the OHWM, and unenclosed decks or patios built with the qualifying structure may share the reduced line.

Separate rules cover accessory features: boathouses and water-access stairs, ramps and lifts are exempt from § 275-5A altogether if they meet the size and location limits in § 275-5C and D, and minor structures such as small unenclosed sheds can sit as close as 35 feet if their combined floor area in the setback zone stays under 200 square feet. All structures also carry a separate 25-foot minimum setback from any mapped wetland under § 275-5H. A permit from the Planning and Parks Department is required before construction begins in the shoreland setback area.

Violations & Fines

The Planning and Parks Department enforces Chapter 275 through permit denial, revocation and referral to the corporation counsel for prosecution. Under § 275-23B(1), anyone who builds in violation of the setback rules is subject to a forfeiture of not less than $50 nor more than $500 per violation, plus costs, with each day the violation continues counted as a separate offense. The county may also seek an injunction, since every violation is deemed a public nuisance.

Frequently Asked Questions

Does the 75-foot setback apply inside West Bend or Hartford?
No. The 75-foot shoreland setback in § 275-5A only governs unincorporated land in Washington County's eleven towns. West Bend, Hartford, Germantown, Jackson, Slinger, Kewaskum, Richfield and Newburg each administer their own zoning setbacks within their city or village limits, so a homeowner there needs to check that municipality's own code instead of Chapter 275.
How close to the water can I actually build with setback averaging?
Setback averaging under § 275-5B can reduce the 75-foot standard, but it never goes below 35 feet from the ordinary high-water mark. The reduced line depends on how close the two nearest existing principal structures on adjoining lots already sit, and unenclosed decks or patios built alongside a qualifying home can share that same reduced setback.
What happens if I build closer than the required setback without a permit?
The Planning and Parks Department can deny or revoke the permit and refer the case to the corporation counsel. § 275-23B(1) sets a forfeiture of $50 to $500 per violation plus prosecution costs, and every day the noncompliant structure remains counts as a separate offense, so fines can add up quickly on an unresolved case.

Sources & Official References

Other rules in Washington County

All Washington County rules

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