Waukesha County, WI Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Base district
- A-1 Agricultural District (§7.01)
- Under 3-acre lots
- Recreational chickens only, crops need waiver
- 3-20 acre lots
- 1 livestock unit/20 poultry per acre over 3
- Over 20 acres
- Hogs/furbearers need Conditional Use
- Manure rules
- Must follow NR151 and ATCP50 standards
- Penalty
- $50-$1,000 forfeiture per offense (§22.03(1))
Summary
The A-1 Agricultural District, the base zoning for most unincorporated Waukesha County farmland, permits farm uses by right but scales animal-keeping to lot size: small lots are limited to recreational chickens, mid-size parcels get one livestock unit per acre, and operations over 20 acres get the broadest allowance, with hogs and fur-bearing animals needing a Conditional Use permit.
(3) Agricultural or Farm Uses. Such uses, as defined and listed in Section 2.02(13)(A) of this Ordinance, shall be permitted in accordance with the following standards except that fur farms, pig farms, and commercial poultry and egg production, and boarding stables are subject to the Conditional Use provisions of Section 3.08. ... (D) For lots or farms greater than twenty acres in size. Agricultural or farm uses as described in Section 7.01(3) above, except that the keeping of hogs and fur-bearing animals can be considered as a Conditional Use, and the keeping of male goats is a permitted use. Those practicing Agricultural or Farm Uses under this section must provide adequate food, forage, water, pasture, shelter and fencing and must comply with standard manure disposal practices such as those found in NR151 and ATCP50.
Full Breakdown
Sec. 01 of the Basic Zoning Ordinance sets the Permitted Uses for the A-1 Agricultural District, the zoning that applies across most of the county's unincorporated towns absent a more specific overlay. Sec. 01(3) permits "Agricultural or Farm Uses," as defined in Sec. " The standards step up with acreage: lots under three acres are limited to Recreational Chicken Uses, with crop or forage production requiring a Zoning Administrator waiver on the Town Plan Commission's recommendation; three-to-five-acre lots get one head of livestock or 20 poultry for the first three acres plus one more per additional acre; five-to-twenty-acre lots follow the same formula with a waiver path for extra animals; and lots over 20 acres may keep livestock without that acreage formula, though hogs and fur-bearing animals remain a Conditional Use and male goats become a permitted use outright.
Sec. 01(3)'s closing paragraph requires anyone farming under this section to "provide adequate food, forage, water, pasture, shelter and fencing" and to follow manure-disposal standards under state NR151 and ATCP50 rules, submitting a manure management plan to the Department of Parks and Land Use if the Zoning Administrator asks for one. The district also allows horticulture with a Site Plan, specified accessory buildings including stables set back 50 feet from a property line, and roadside stands under Sec. 14(2)(E), rounding out the by-right agricultural framework for the towns.
Violations & Fines
Exceeding the animal-density formula for a lot's acreage, or keeping hogs, fur-bearing animals, or commercial poultry without the required Conditional Use permit, is a zoning violation under Sec. 22.03(1): a $50-$1,000 forfeiture per offense, with each day of noncompliance a separate offense, plus costs and up to six months' jail in default. The county may also pursue injunctive relief or nuisance abatement instead of a forfeiture action.
Frequently Asked Questions
How much livestock can I keep on my property in unincorporated Waukesha County?
Do I need a permit to keep hogs on my farm?
What manure standards apply to farms in the A-1 District?
Sources & Official References
Other rules in Waukesha County
Compare Waukesha County to another location·View the Wisconsin right to farm overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.