Wisconsin Statewide Rule

Wisconsin Solar Access Statute Limits Local Restrictions

Few RestrictionsApplies statewide across Wisconsin (2026)

Key Facts

Statute: Wis. Stat. 66.0401
Preemption: Strong
Easements: Wis. Stat. 700.41
Aesthetic bans: Generally prohibited

Last verified: September 5, 2026Source: Wisconsin State Legislature

Summary

Wisconsin Statute 66.0401 broadly preempts municipalities and counties from restricting solar and wind energy systems unless restrictions serve specific public health, safety, or aesthetic exceptions defined by state law.

(1m) Authority to restrict systems limited. No political subdivision may place any restriction, either directly or in effect, on the installation or use of a wind energy system that is more restrictive than the rules promulgated by the commission under s. 196.378 (4g) (b). No political subdivision may place any restriction, either directly or in effect, on the installation or use of a solar energy system, as defined in s. 13.48 (2) (h) 1. g., or a wind energy system, unless the restriction satisfies one of the following conditions: 66.0401(1m)(a)(a) Serves to preserve or protect the public health or safety. 66.0401(1m)(b)(b) Does not significantly increase the cost of the system or significantly decrease its efficiency. 66.0401(1m)(c)(c) Allows for an alternative system of comparable cost and efficiency. 66.0401(2)(2) Authority to require trimming of blocking vegetation. Subject to sub.

Source: Wisconsin State LegislatureView official code

Full Breakdown

Wis. Stat. 66.0401 prohibits any city, village, town, or county from imposing restrictions on the installation or use of solar energy systems unless the restriction (a) serves to preserve or protect public health or safety, (b) does not significantly increase the cost or decrease the efficiency of the system, or (c) allows for an alternative system of comparable cost and efficiency. This statute strongly preempts local solar bans and restrictive permitting. Permit fees and reasonable building/electrical code compliance are still allowed, but blanket aesthetic prohibitions are barred. Wisconsin also recognizes solar access easements under Wis. Stat. 700.41.

Violations & Penalties

Aggrieved system owners may sue to invalidate restrictive ordinances and recover attorney fees and damages. Courts have repeatedly struck down local bans inconsistent with 66.0401.

Frequently Asked Questions

Can my Wisconsin city deny a solar permit for looks?

Generally no. Wis. Stat. 66.0401 preempts local restrictions that significantly raise cost or reduce efficiency unless they protect public health or safety. Pure aesthetic denials are unlawful.

Do I still need a building permit for solar panels?

Yes. Municipalities can require permits and enforce electrical/structural code (UDC), and HOAs face the same preemption. The state allows reasonable permitting consistent with 66.0401.

Sources

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