Washington County, WI Building Setbacks & Zoning: Setback Rules (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.
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?
How close to the water can I actually build with setback averaging?
What happens if I build closer than the required setback without a permit?
Sources & Official References
Other rules in Washington County
Compare Washington County to another location·View the Wisconsin building setbacks & zoning overview
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