Washington County, WI Building Setbacks & Zoning: Structure Height Limits (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.
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?
Can an existing home over 35 feet be added onto?
What agency reviews height for a new shoreland structure?
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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