Fitchburg, WI Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- District
- A-X Exclusive Agriculture (Sec. 22-481)
- Animal unit cap
- Under 500 per facility
- New farm residence
- Needs 50%+ income from the farm
- Rezone hearing
- Wis. Stats. § 91.48 public hearing
- Rezone finding
- Must not impair neighboring farmland
- Annual report
- Due to DATCP/Dane County by March 1
Summary
Fitchburg's Sec. 22-481 A-X Exclusive Agriculture District exists to keep farmland in production: rezoning out of it takes a public hearing and a finding that the change won't impair farming on neighboring parcels, and qualifying farms can claim Wisconsin Farmland Preservation Law tax credits.
(a)The purposes of the A-X Exclusive Agriculture District are to:(1)Preserve productive agricultural land for food and fiber production;(2)Preserve productive farms by preventing land use conflicts between incompatible uses and controlling public service costs; ... (8)Comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits under Wis. Stats. § 71.09(11). ... (c)The plan commission may consider a rezone out of A-X Exclusive Agriculture District after holding a public hearing pursuant to Wis. Stats., § 91.48, if all of the following apply:(1)The political subdivision finds all of the following, after public hearing: ... d.The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).
Full Breakdown
Chapter 22's Article V agricultural districts are built around the A-X Exclusive Agriculture District, established under Sec. 22-481 to preserve productive farmland for food and fiber production, prevent conflicts between farm and non-farm land uses, and let the city carry out the county's certified farmland preservation plan under Wisconsin's Farmland Preservation Law; landowners on a qualifying A-X parcel can claim the income tax credit under Wis. 09(11). Permitted uses in A-X, set out in Sec. 22-482, include general agricultural operations as long as any facility keeping cattle, swine, poultry, sheep or goats stays under 500 animal units, one new farm residence per farm occupied by someone earning more than half their gross income from the farm, and accessory uses like roadside stands selling that farm's own products, a wind tower, solar panels or a manure digester serving a single farm, and farm entertainment activities capped under 500 attendees at a time.
Getting land out of A-X is deliberately hard: Sec. 22-481(c) lets the plan commission consider a rezone only after a public hearing under Wis. 48, and only if the city finds the land is better suited to a non-agricultural use, the rezoning tracks the comprehensive plan and the county's certified farmland preservation plan, and, critically, that it will not substantially impair or limit current or future agricultural use of surrounding parcels zoned for or legally restricted to agricultural use. Approved A-X rezones must be reported to the state and Dane County by March 1 of each year.
Violations & Fines
Using A-X land for a use beyond the permitted and conditional use lists, exceeding the 500-animal-unit threshold without conditional use approval, or adding a second farm residence without meeting the farm-income test is a zoning violation enforced by the zoning administrator; a rezoning granted without the public-hearing findings required by Sec. 22-481(c) is improper and can be challenged like any other defective zoning action.
Frequently Asked Questions
What is Fitchburg's A-X Exclusive Agriculture District for?
How many animals can a farm keep in the A-X district?
How hard is it to rezone farmland out of A-X?
Sources & Official References
Other rules in Fitchburg
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Agricultural Zoning Protection in Nearby Cities
How other cities in Dane County handle agricultural zoning protection.