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Milton, WI Solar Energy: Panel Permits (2026)

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

Key Facts

Large solar system approval
Building permit + conditional use
Governing statutes cited
Wis. Stat. §§ 66.0401, 66.0403
Small solar system size cap
No maximum square footage
Wiring requirement
Underground or inside a building
Governing section
Sec. 78-03.24(1)

Summary

The City of Milton requires a building permit and treats every large solar energy system as a conditional use, while a small rooftop or accessory solar array on a house carries no maximum size at all under a separate accessory-use table.

(1)Large solar energy system. Equipment and associated facilities that directly convert and then transfer or store solar energy into usable forms of thermal or electrical energy. Large solar energy systems are the only principal land use permitted on a property and are designed primarily to generate energy for commercial sale off-site. ... (g)A large solar energy system shall require a building permit before installation. ... (i)Solar energy systems are a conditional use. The city will apply Wis. Stats. § 66.0401 and Wis. Stats. § 66.0403 and PSC Chapter 128 of the Wisconsin Administrative Code as amended, in the evaluation of such requests.

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 splits solar regulation by scale. Sec. 24(1) governs "large solar energy systems," defined as equipment that converts and stores solar energy where the system itself is the only principal land use on the property, built primarily to sell power off-site. A large solar energy system "shall require a building permit before installation," and the application must include a scaled site plan, elevations showing height and configuration relative to property lines, foundation and soil specifications, equipment performance data, an emergency shutdown description, an electrical line drawing, evidence the utility has been notified, and evidence of FAA compliance where relevant.

The section goes further: "Solar energy systems are a conditional use," and the city applies Wis. 0403 along with PSC Chapter 128 of the Wisconsin Administrative Code in reviewing that conditional use application, meaning approval runs through the plan commission and common council rather than as an administrative sign-off. Structures must be rooftop, ground, or building-mounted within the height and yard standards for principal structures in the district, finished in a non-reflective, non-obtrusive color, wired underground or inside a building, unlit except where the FAA requires it, and lockable at all access points.

By contrast, a small solar energy system is listed in the minor accessory structures table at Sec. 28(13) as permitted in side and rear yards with "No maximum square footage," a markedly lighter standard than the large-system conditional use track.

Violations & Fines

Installing a large solar energy system without the required building permit or conditional use approval is a Chapter 78 violation, enforced by the zoning administrator under Sec. 78-10.60 with referral to the city attorney for prosecution or injunction. 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, plus costs of prosecution.

Frequently Asked Questions

Do I need a permit to install solar panels in the City of Milton?
For a large-scale, ground-mounted or standalone solar system, yes, Sec. 78-03.24(1) requires a building permit and treats the installation as a conditional use requiring plan commission review. A small accessory rooftop or ground array is regulated more lightly under Sec. 78-03.28(13).
Is there a size limit on rooftop solar panels in Milton?
No. Sec. 78-03.28(13)'s accessory-use table lists a small solar energy system as having "No maximum square footage" when placed in the side or rear yard, unlike the shed and gazebo entries on the same table that cap size at 120 square feet.
What state law does Milton apply when reviewing a solar conditional use permit?
Sec. 78-03.24(1)(i) directs the city to apply Wis. Stat. §§ 66.0401 and 66.0403 and PSC Chapter 128 of the Wisconsin Administrative Code, which limit how far a local restriction can go in blocking or increasing the cost of a solar installation.

Sources & Official References

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