Brown County, WI Building Setbacks & Zoning: Setback Rules (2026)
Key Facts
- Standard setback
- 75 feet from OHWM
- Averaging can reduce to
- as little as 35 feet
- Citation
- Brown County Code § 22.27(1)
- Jurisdiction
- unincorporated towns and shoreland zone
Summary
Brown County requires a 75-foot setback from the ordinary high-water mark for every building and structure in the unincorporated towns and shoreland zone, unless a specific exemption or averaging reduction applies.
(1) SHORELAND SETBACK (s. NR 115.05(1)(b)1.) and (s. 59.692(1n)(am), Wis. Stats. Unless exempt under section 22.27(2), or reduced under section 22.28 of this ordinance, a setback of 75 feet from the ordinary high-water mark of any navigable waters to the nearest part of a building or structure shall be required for all buildings and structures.
(2) EXEMPT STRUCTURES (s. NR 115.05(1)(b)1m. and s. 59.692(1k)(a)(6), Wis. Stats. 59.692(1n)(d) Wis. Stats). All of the following structures are exempt from the shoreland setback standards in Subsection (1), above:
(a) Dry Boathouses. Boathouses located entirely above the ordinary high-water mark and entirely within the access and viewing corridor that do not contain plumbing and are not used for human habitation. (s. 59.692(1o), Wis. Stats) The roof of a boathouse may be used as a deck provided that:
1. The boathouse has a flat roof.
2. The roof has no side walls or screens.
3. The roof may have a railing that meets the Department of Safety and Professional
Services standards.
(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
(22)12
Full Breakdown
Section 22.27(1) of Chapter 22, the county's shoreland zoning ordinance adopted under Wis. Stat. § 59.692, sets a 75-foot setback from the ordinary high-water mark of any navigable lake, river or stream for the nearest part of a building or structure. Narrow exemptions cover items like dry boathouses and utility lines, and section 22.28 allows averaging down to as little as 35 feet where neighboring principal structures already sit closer to the water. The setback governs only the unincorporated towns of Brown County and the statutory shoreland zone, not Green Bay, De Pere, Ashwaubenon or the villages, which apply their own municipal setbacks.
Violations & Fines
The Zoning Office enforces the setback through the shoreland permit process; encroachment without an exemption or approved reduction requires a variance from the Board of Adjustment or draws a forfeiture penalty under Chapter 30.
Frequently Asked Questions
Is the 75-foot setback the same everywhere in Brown County?
Can the 75-foot shoreland setback be reduced?
Sources & Official References
Other rules in Brown County
Compare Brown County to another location·View the Wisconsin building setbacks & zoning overview
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