Dane County, WI Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Governing districts
- FP-1 and FP-35 Farmland Preservation zoning
- FP-1 minimum lot
- 1 acre, must stay under 35 acres
- Livestock density
- 1 animal unit per acre above 5 acres
- State tie-in
- Certified under Wis. Stat. § 91.38
- Forfeiture range
- $50-$200 per offense, per day
- Enforcing office
- Dane County Zoning Administrator
Summary
Dane County protects working farms in unincorporated towns through Farmland Preservation zoning districts (FP-1 and FP-35) under Chapter 10.220-.222 of the county code, capping non-farm development on certified farmland while allowing agricultural uses, farmstands and CSA operations by right.
(c) Preserve agricultural and open space uses on zoning lots between one (1) and thirty-five (35) acres in size. (d) Provide for additional economic opportunities for property owners that are generally compatible with agricultural use, such as the establishment of new small-scale farming operations, including market gardens, road-side farmstands, pick-your-own operations, or Community Supported Agriculture farms. (e) Preserve remnant parcels of productive agricultural land following development of adjoining property. (f) Meet the criteria for certification as a Farmland Preservation Zoning District under s. 91.38, Wis. Stats.
Full Breakdown
220 sets the rules that apply to every Farmland Preservation district in the towns that have adopted county zoning. The stated purposes are to preserve agricultural and open-space uses on lots between 1 and 35 acres, allow incidental processing and value-added activity, and let landowners run market gardens, road-side farmstands, pick-your-own operations or Community Supported Agriculture farms without losing preservation status. To keep the protection, a district must meet the certification criteria for a Farmland Preservation Zoning District under Wis. 38 -- the state program that ties preservation zoning to farmland preservation tax credits.
Rezoning out of FP-1 or FP-35 into a non-farmland-preservation district requires the county board to find the land is better suited to a disallowed use, that the change tracks the county comprehensive plan and the state-certified Dane County Farmland Preservation Plan, and that it will not impair agricultural use on neighboring farmed parcels. Inside FP-1, minimum lots run 1 acre and must stay under 35 acres, livestock is capped at one animal unit per acre above 5 acres (unrestricted below 5 acres requires a conditional use permit), and lot coverage tops out at 15-35 percent depending on lot size. Structures housing livestock must sit at least 100 feet from residential-district lot lines. 101(9).
Violations & Fines
Violations of Chapter 10 are handled under 10.101(4): each day a non-permitted structure, building, addition or activity continues counts as a separate offense. The zoning administrator can post a stop-work order halting all construction until the property is brought into compliance, and enforcement runs through citation under Chapter 2 and Wis. Stat. § 66.0113. Convicted violators face a forfeiture of not less than $50 and not more than $200 per offense; the county or a neighbor within 300 feet may also seek an injunction without first prosecuting for forfeiture, and an individual who can pay but refuses can be jailed until the forfeiture is paid (capped at 30 days).
Frequently Asked Questions
Does Dane County's farmland preservation zoning apply inside Madison or Sun Prairie?
Can I sell produce from my farm stand in an FP-1 district?
How many livestock can I keep on a 10-acre FP-1 parcel?
What happens if I build without a permit in an FP district?
Sources & Official References
Other rules in Dane County
Compare Dane County to another location·View the Wisconsin right to farm overview
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