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Washington County, WI Building Setbacks & Zoning: Structure Height Limits (2026)

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

Key Facts

Height cap
35 feet within 75 feet of OHWM
Applies in
Shoreland zone, unincorporated towns only
Effective date
February 1, 2010
Nonconforming expansion cap
35 feet above grade level
Enforcing agency
Planning and Parks Department
Penalty
$50 to $500 forfeiture per violation

Summary

In the unincorporated towns of Washington County, Wisconsin, Chapter 275 caps building height within 75 feet of the ordinary high-water mark at 35 feet to protect wildlife habitat and scenic views. The county has no general zoning height limit outside that shoreland band; beyond 75 feet from the water, height is set by each town's own zoning, not by the county code.

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.

To protect and preserve wildlife habitat and natural scenic beauty, on or after February 1, 2010, construction of a structure taller than 35 feet placed within 75 feet of the OHWM is prohibited. ... An existing structure that was lawfully placed when constructed, but does not comply with the required setback, may be vertically expanded unless the vertical expansion would extend more than 35 feet above grade level.

Full Breakdown

§ 275-3C, the general height regulation inside the county's Shoreland Zoning District, states that on or after February 1, 2010, construction of a structure taller than 35 feet placed within 75 feet of the OHWM is prohibited. The rule sits in Chapter 275, Shoreland, Wetland and Floodplain Zoning, the only land-use code Washington County itself administers; it reaches only the shoreland band in the eleven unincorporated towns and does not apply inside West Bend, Hartford, or any of the six villages, which each zone within their own limits.

The 35-foot cap also carries into nonconforming-structure rules. Under § 275-7A(6), an existing structure that was lawfully built but does not meet the required shoreland setback may still be expanded vertically, but only if the vertical expansion does not push the structure more than 35 feet above grade level; any addition beyond that height triggers noncompliance regardless of the structure's setback status. A property owner planning any new construction or addition within the 75-foot band should confirm height compliance with the Planning and Parks Department before applying for a shoreland permit, since the Department administers Chapter 275 and reviews plans against both the setback and height standards together.

Violations & Fines

Height violations in the shoreland zone are enforced the same way as other Chapter 275 violations: the Planning and Parks Department can withhold or revoke a permit and refer the matter to corporation counsel. § 275-23B(1) sets a forfeiture of $50 to $500 per violation plus prosecution costs, with each day the oversized structure remains counted as a separate offense.

Frequently Asked Questions

Does the 35-foot height cap apply everywhere in Washington County?
No. § 275-3C only limits height within 75 feet of the ordinary high-water mark in the shoreland zone of the county's eleven unincorporated towns. Washington County has no general zoning height ordinance covering land outside that band; West Bend, Hartford and the six villages each set their own citywide or village-wide height rules.
Can an existing home over 35 feet be added onto?
Only within limits. § 275-7A(6) lets a lawfully built nonconforming structure be expanded vertically, but the expansion cannot push the structure more than 35 feet above grade level. Beyond that ceiling, a vertical addition is not allowed regardless of when the original structure was built.
What agency reviews height for a new shoreland structure?
The Washington County Planning and Parks Department administers Chapter 275 and reviews shoreland construction plans, including height, alongside the required 75-foot setback. A violation can draw a forfeiture of $50 to $500 under § 275-23B(1), with each day of noncompliance treated as a separate offense.

Sources & Official References

Other rules in Washington County

All Washington County rules

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