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Fond du Lac 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
Zone of applicability
within 75 ft of ordinary high-water mark
Effective date
on or after February 1, 2011
Measurement point
lowest exposed wall to highest point
Penalty range
$50-$500 per offense per day

Summary

Within shoreland areas of unincorporated Fond du Lac County, the county may not permit any structure taller than 35 feet within 75 feet of the ordinary high-water mark of a navigable water, per Code Sec. 44-84. Height is measured from the lowest exposed wall point to the highest point of the structure.

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.

(a)To protect and preserve wildlife habitat and natural scenic beauty, on or after February 1, 2011, a county may not permit any construction that results in a structure taller than 35 feet within 75 feet of the ordinary high-water mark of any navigable waters.

Full Breakdown

Fond du Lac County Code Sec. 44-84 caps structure height near the water's edge in shoreland areas: on or after February 1, 2011, the county may not permit construction resulting in a structure taller than 35 feet within 75 feet of the ordinary high-water mark of any navigable water. The rule exists, per the section's stated purpose, to protect and preserve wildlife habitat and natural scenic beauty along the shoreline. The code defines exactly how that 35-foot line is measured: structure height is the vertical distance from the lowest point where any exposed wall meets the ground up to a horizontal line drawn at the highest point of the structure, unless another section of the code specifies a different measurement method for a particular structure type.

This 35-foot cap sits alongside the district-specific accessory-structure limits in Sec. 44-83(6), which separately caps garages, sheds and storage buildings in the recreational-residential district at one story and ten-foot sidewalls. The height limit applies only within shoreland areas of unincorporated Fond du Lac County, the land within 1,000 feet of a lake or 300 feet of a river or stream; general residential height limits elsewhere in the unincorporated county are set by the governing town, not the county, because Fond du Lac County has no general zoning ordinance outside shoreland, floodplain and similar special-purpose chapters.

Applicants seeking relief from the 35-foot cap must apply for a variance through the county's board of adjustment process under Article XIV of Chapter 44.

Violations & Fines

Constructing a structure that exceeds the 35-foot height limit within 75 feet of the ordinary high-water mark violates Chapter 44 and is enforced under Sec. 42-431 (Article XVI). The zoning administrator refers violations to the corporation counsel for prosecution, and a person or entity found in violation faces a forfeiture of not less than $50.00 nor more than $500.00 per offense, with each day of continued violation treated as a separate offense, plus the taxable costs of the action.

Frequently Asked Questions

How tall can a structure be near the water in unincorporated Fond du Lac County?
Under Code Sec. 44-84, the county cannot permit a structure taller than 35 feet within 75 feet of the ordinary high-water mark of a navigable water in shoreland areas.
How is structure height measured under this rule?
Sec. 44-84(b) measures height as the vertical line from the lowest point where an exposed wall meets the ground up to a horizontal line at the structure's highest point, unless another code section specifies otherwise.
Does the 35-foot cap apply to my whole property?
No, only to the area within 75 feet of the ordinary high-water mark. It also applies only within shoreland areas of unincorporated Fond du Lac County; the county has no general height ordinance for land outside shorelands.
What happens if a structure exceeds the height limit?
It becomes a violation of Chapter 44 under Sec. 42-431, referred to the corporation counsel for prosecution, with a forfeiture of $50.00 to $500.00 per offense and each day counted separately.

Sources & Official References

Other rules in Fond du Lac County

All Fond du Lac County rules

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