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

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Livestock pasturing
Allowed without a zoning permit, no filling or tilling
Crop cultivation
Allowed without a zoning permit under § 316-14A(4)
Cranberries
Flooding, dikes, dams and ditching allowed for cultivation
Farm roads
Zoning permit required, roadbed area only
Floodway farming
Agricultural uses allowed under § 290-22A
Penalty
$50 to $500 per violation under § 316-59A

Summary

In unincorporated Grant County, Wisconsin, the pasturing of livestock, the cultivation of agricultural crops and silviculture are allowed in the Shoreland-Wetland District without a zoning permit, as long as the work involves no filling, flooding, draining, dredging, ditching, tilling or excavating. Section 316-14 of the Grant County Code sets the rule.

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

§ 316-14. Permitted uses. ... The following uses shall be allowed, subject to general shoreland zoning regulations contained in this chapter, the provisions of Ch. 30, Ch. 31, and § 281.36, Wis. Stats., and the provisions of other applicable local, state and federal laws: A. Activities and uses which do not require the issuance of a zoning permit, but which must be carried out without any filling, flooding, draining, dredging, ditching, tilling or excavating: ... (3) The pasturing of livestock; (4) The cultivation of agricultural crops; (5) The practice of silviculture, including the planting, thinning, and harvesting of timber; and ... B. Uses which do not require the issuance of a zoning permit and which may include limited filling, flooding, draining, dredging, ditching, tilling, or excavating, but only to the extent specifically provided below: ... (3) The maintenance and repair of existing agricultural drainage systems, including ditching, tilling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use.

Full Breakdown

Section 316-14 lists the uses the Shoreland Protection Ordinance for Grant County, Wisconsin allows in the Shoreland-Wetland District, which covers shorelands designated as wetlands on the Wisconsin Wetland Inventory (§ 316-12). The uses are allowed subject to the general shoreland regulations in Ch. 316, Chs. 30 and 31 and § 281.36 of the Wisconsin Statutes, and other applicable local, state and federal law. Subsection A covers uses that need no zoning permit and must be carried out without any filling, flooding, draining, dredging, ditching, tilling or excavating: hiking, fishing, trapping, hunting, swimming and boating; harvesting wild crops such as marsh hay, ferns, moss, wild rice, berries, tree fruits and tree seeds; the pasturing of livestock; the cultivation of agricultural crops; silviculture, including planting, thinning and harvesting timber; and duck blinds.

Subsection B covers uses that need no zoning permit and allow limited filling, flooding, draining, dredging, ditching, tilling or excavating, only to the extent specifically provided: temporary water level stabilization for silvicultural activities, cranberry cultivation including flooding, dike and dam construction or ditching, maintenance and repair of existing agricultural drainage systems, and construction or maintenance of fences for the pasturing of livestock. Subsection C requires a zoning permit for roads necessary to conduct silvicultural activities or agricultural cultivation, and only if the road cannot as a practical matter be located outside the wetland, is built with the minimum cross-sectional area practical, and is constructed in the immediate area of the roadbed only.

Farming in the floodplain is handled separately: § 290-22A allows agricultural uses such as farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting in the Floodway District if the standards in §§ 290-23 and 290-24 and the permits under § 290-36 are satisfied. Under § 316-5E the chapter does not apply to lands adjacent to farm drainage ditches that meet the conditions listed there.

Violations & Fines

Chapter 316 violations are public nuisances. Section 316-59 prints two forfeiture ranges: not less than $10 nor more than $200 per offense in its opening paragraph, and not less than $50 nor more than $500 for each violation plus the cost of prosecution in Subsection A. Each day a violation exists is a separate offense. The Zoning Administrator refers violations to the Corporation Counsel, who prosecutes them, and a court injunction is available under Subsection B.

Frequently Asked Questions

Do I need a zoning permit to pasture livestock in a mapped wetland?
Not for the pasturing itself. Section 316-14A(3) lists the pasturing of livestock among uses that need no zoning permit, but it must be carried out without any filling, flooding, draining, dredging, ditching, tilling or excavating. Chs. 30 and 31 of the Wisconsin Statutes still apply under the opening sentence of § 316-14.
Can I repair an existing field drain in the Shoreland-Wetland District?
Yes. Section 316-14B(3) allows maintenance and repair of existing agricultural drainage systems, including ditching, tilling, dredging, excavating and filling necessary to maintain the level of drainage required to continue the existing agricultural use. Dredged spoil goes on existing spoil banks where possible, and no zoning permit is required.
Is a permit needed to build a farm road through a wetland?
Yes. Section 316-14C(1) requires a zoning permit for roads necessary for silviculture or agricultural cultivation, and the road must be one that cannot as a practical matter be located outside the wetland. It must be designed to minimize adverse impact on wetland functions, use the minimum cross-sectional area practical, and be built in the roadbed area only.
Does a pasture fence need a zoning permit in the Shoreland-Wetland District?
No. Section 316-14B(4) allows the construction or maintenance of fences for the pasturing of livestock, including limited excavating and filling necessary for that work, without a zoning permit. The activity is still subject to the general shoreland regulations in Ch. 316 and to Chs. 30 and 31 of the Wisconsin Statutes.

Sources & Official References

Other rules in Grant County

All Grant County rules

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