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Fond du Lac County, WI Building Setbacks & Zoning: Setback Rules (2026)

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

Key Facts

Shoreline building setback
75 feet from OHWM
Reduced setback floor
35 feet from OHWM
Interior lot-line setback
10 feet minimum
Small accessory exception
120 sq ft or less exempt from 10-ft rule
State/federal highway setback
110 ft from centerline or 50 ft from ROW
Penalty range
$50-$500 per offense per day

Summary

Within shoreland areas of unincorporated Fond du Lac County, buildings and structures must sit at least 75 feet back from the ordinary high-water mark of navigable water under Code Sec. 44-203, and lot-line setbacks run at least ten feet under Sec. 44-201, except for small accessory buildings.

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

(NR115.05(1)(b)1.) Unless exempt under subsection (b), or reduced under section 44-204, 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. ... The setback from one lot line shall be no closer than ten feet except in the case of an accessory structure of 120 square feet or less.

Full Breakdown

Fond du Lac County Code Sec. 44-203(a) sets the core shoreland setback: unless a structure is exempt or the setback is reduced under Sec. 44-204, every building and structure needs a setback of 75 feet from the ordinary high-water mark of any navigable water, measured to the nearest part of the building. Exempt structures under Sec. 44-203(b) include boathouses located entirely above the ordinary high-water mark, small open-sided structures like gazebos and decks meeting the 200-square-foot cap in Sec. 44-203(b)(2), satellite dishes one meter or less in diameter, certain utility structures, and pedestrian walkways up to 60 inches wide.

A reduced principal-structure setback is available under Sec. 44-204: where existing principal structures sit on both sides within 250 feet, the new setback can average the neighbors' setbacks, but it cannot drop below 35 feet from the ordinary high-water mark. Separately, Sec. 44-201 sets the interior lot-line setback: the minimum aggregate width for both lot lines together is 20 feet, and the setback from any one lot line cannot be closer than ten feet, except for an accessory structure of 120 square feet or less.

Highway setbacks are set independently under Sec. 44-202: 110 feet from the centerline of a state or federal highway, or 50 feet from the right-of-way, whichever is greater, and 75 feet from the centerline of a county trunk highway. These figures govern only shoreland areas of unincorporated Fond du Lac County; general setbacks outside shoreland areas are set by the individual town's own zoning ordinance.

Violations & Fines

Building within the required setback without a permit or variance is a violation of Chapter 44, enforced under Sec. 42-431 (Article XVI). The zoning administrator refers violations to the corporation counsel for prosecution, and a violator faces a forfeiture of not less than $50.00 nor more than $500.00 per offense, with each day of continued violation counted as a separate offense, plus taxable costs of the action; every violation is also declared a public nuisance that may be enjoined or abated under Wis. Stats. § 59.69(11).

Frequently Asked Questions

How far from the water must a building be in unincorporated Fond du Lac County?
Under Code Sec. 44-203(a), buildings and structures in shoreland areas must be set back at least 75 feet from the ordinary high-water mark of navigable water, unless exempt or reduced under Sec. 44-204.
Can the shoreline setback ever be reduced?
Yes. Sec. 44-204 allows an average setback based on neighboring principal structures within 250 feet, but the reduced setback can never go below 35 feet from the ordinary high-water mark.
What is the minimum side lot-line setback?
Sec. 44-201 sets a minimum ten-foot setback from any one lot line, with an exception allowing an accessory structure of 120 square feet or less to be built closer.
Does this setback apply to the whole county?
No, only within shoreland areas of unincorporated Fond du Lac County. General building setbacks outside shorelands are set by each town's own zoning, since the county has no general zoning ordinance.

Sources & Official References

Other rules in Fond du Lac County

All Fond du Lac County rules

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