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Winnebago County, WI Right to Farm: Agricultural Zoning Protection (2026)

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

Key Facts

Districts
A-1 Agribusiness / A-2 General Agriculture
Farmland status
Ch. 91 preservation certification
Scope
Town-adopted towns only, § 59.69
Excludes
Incompatible urban uses barred
Penalty
$200–$1,000 forfeiture per violation

Summary

Winnebago County's Chapter 23 zoning code creates an Agribusiness (A-1) district built specifically to protect large-scale farming: incompatible urban development is barred, and the district is designed to meet Wisconsin's certified farmland preservation standard under ch. 91, Wis. Stats.

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

Agribusiness (A-1) district. This district is intended to accommodate large-scale agricultural uses and related support services. It includes those areas of the county where productive agricultural lands predominate and can be used for the production of forest products, crops, and livestock, including large livestock operations. Because the primary intent of this district is agricultural production, incompatible urban uses are not permitted. It is designed to meet the requirements of a certified farmland preservation zoning ordinance under ch. 91, Wis. Stats.

(2) General agriculture (A-2) district. This district is intended to accommodate both large and small-scale farms and hobby farms. Although scattered residential lots are allowed, agriculture is the predominant land use. This district should be located in those areas suitable for agriculture, but not for large-scale agricultural operations, and adjacent to urbanizing areas.

(3) Rural residential (R-1) district. This district is intended to accommodate single-family residences on scattered lots to foster and maintain the rural character and lifestyle of the surrounding area. Lots are generally served by on-site wastewater treatment systems.

Full Breakdown

Chapter 23's A-1 Agribusiness district is written to accommodate large-scale agriculture, forestry, and livestock production and to bar incompatible urban uses outright; it is designed to qualify as a certified farmland preservation zoning district under ch. 91, Wis. Stats. A separate A-2 General Agriculture district covers smaller and hobby farms, where scattered residential lots are allowed but agriculture stays the predominant use. Because Chapter 23 is a town/county code adopted under Wis. Stat. § 59.69, these district protections apply only in towns whose board approved the county's zoning ordinance, and never inside the cities of Oshkosh, Neenah, or Menasha.

Violations & Fines

Placing an incompatible urban use in the A-1 or A-2 district without a zoning permit or required approval draws a $200–$300 citation (or a $200–$1,000 civil forfeiture) plus court costs; nonpayment can mean up to 6 months in county jail.

Frequently Asked Questions

Does Winnebago County's agricultural zoning apply everywhere in the county?
No. Chapter 23 is a town/county code: it governs only towns whose board adopted it under Wis. Stat. § 59.69, and it never reaches inside Oshkosh, Neenah, or Menasha.
What does the A-1 Agribusiness district actually protect?
It excludes incompatible urban development from large-scale farm and forest land and is structured to qualify as a certified farmland preservation zoning district under ch. 91, Wis. Stats.

Sources & Official References

Other rules in Winnebago County

All Winnebago County rules

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