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

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

Key Facts

Max density, RH-35
1 dwelling per 35 acres
District purpose
Protect farms from encroachment
Ag/residential buffer
300 feet, husbandry & intensive ag
Parent-lot split allowed
20,000 sq ft to 2 acres
Governing section
Sec. 78-02.70(1)

Summary

The City of Milton, Wisconsin uses its (RH-35) Rural Holding zoning district, capped at one dwelling per 35 gross acres, expressly to protect existing farm operations from encroachment by incompatible development while land awaits urban services.

Sec. 78-02.70. - (RH-35) Rural Holding Zoning District.(1)Intent. This district is intended to permit very low-density single family detached residential development at a density of no more than one dwelling unit for every 35 gross acres. This district acts as a "holding zone" to preserve productive agricultural lands in the long-term, protect existing farm operations from encroachment by incompatible uses, promote further investments in farming, and may maintain eligibility for farming incentive programs.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 21 Update 2).

Full Breakdown

Milton's Chapter 78 zoning ordinance builds agricultural protection into the (RH-35) Rural Holding District rather than a standalone right-to-farm ordinance. Sec. 70(1) states the district's intent is to permit very low-density single-family development at no more than one dwelling unit for every 35 gross acres, and describes the district as a "holding zone" meant to preserve productive agricultural lands in the long term, protect existing farm operations from encroachment by incompatible uses, promote further investment in farming, and maintain eligibility for farming incentive programs until urban services justify a more intensive rezoning.

The district permits agricultural services, cultivation, community gardens, husbandry and intensive agriculture by right or as a conditional use, alongside compatible uses like bed and breakfasts and artisan production shops. That agricultural focus is reinforced elsewhere in Chapter 78: Sec. 26(1) bars new agricultural service uses from locating in or adjacent to an existing residential subdivision, and separately requires new husbandry and intensive-agriculture buildings and outdoor containments to sit at least 300 feet from residentially zoned property, a buffer that runs both ways to keep farm and subdivision uses apart.

RH-35 also allows a one-time lot split, carving a new 20,000-square-foot to 2-acre lot from a larger parent parcel of 1 to 70 acres so a farmstead's existing residence can be sold off while keeping the remaining acreage in agricultural use.

Violations & Fines

Establishing an incompatible use in the RH-35 district without required conditional use approval, or building an intensive agricultural operation within the required 300-foot residential buffer, is a Chapter 78 violation under Sec. 78-10.60, enforceable by the zoning administrator and prosecutable by the city attorney. Sec. 1-14 sets forfeitures of $50.00 to $500.00 for a first offense and $100.00 to $1,000.00 for a repeat offense.

Frequently Asked Questions

Does the City of Milton have a right-to-farm ordinance?
Not a standalone one. Instead, Sec. 78-02.70(1) builds farm protection into the (RH-35) Rural Holding zoning district, which the code describes as a holding zone meant to protect existing farm operations from encroachment by incompatible uses while preserving agricultural land.
How dense can development get in Milton's agricultural district?
The RH-35 district caps density at one dwelling unit for every 35 gross acres under Sec. 78-02.70(1), among the lowest densities in the city's zoning code, specifically to keep the land in farm use.
How far must a farm building be from a house in Milton?
Under Sec. 78-03.26(4), a building housing animals under husbandry or intensive agriculture must sit at least 300 feet from any residentially zoned property and 100 feet from all other lot lines.

Sources & Official References

Other rules in Milton

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