Milton, WI Right to Farm: Agricultural Zoning Protection (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.
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
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Sources & Official References
Other rules in Milton
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