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Walworth County, WI Zoning Overlays & Bonuses: Density Bonus Law (2026)

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

Key Facts

Combined cap
20 percent maximum above base site capacity
Eligible districts
A-2, C-2, C-3, R-1, R-2, R-2A, R-3
Approval type
Conditional use, conservation development design
Largest single bonus
10 percent for 150-foot shoreyard setback
Condition
Minimum conservation land requirement still applies

Summary

Walworth County lets conservation subdivisions in the A-2, C-2, C-3, R-1, R-2, R-2A, and R-3 districts earn density bonuses for extra shoreyard setbacks, wetland buffers, public trail easements, and other conservation measures. Section 74-63(1)i caps the combined bonuses at 20 percent above the site's base capacity.

These county ordinances apply to unincorporated areas of Walworth County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

i.A density bonus shall be allowed at the specified rate for each of the following up to a 20 percent site capacity maximum:1.A ten percent density bonus shall be allowed for increasing the total shoreyard setback to 150 feet from the ordinary high-water mark of navigable lakes, ponds, flowages and streams.2.A five percent density bonus shall be allowed for increasing the total shoreyard setback to 100 feet from the ordinary high-water mark of navigable lakes, ponds, flowages and streams. ... The minimum conservation land requirement must be met when using the density bonus.

Full Breakdown

9-A of the subdivision control ordinance. Subsection (1)i stacks a menu of density bonuses on top of the base site capacity, up to a combined 20 percent maximum: a ten percent bonus for increasing the total shoreyard setback to 150 feet from the ordinary high-water mark, a five percent bonus for increasing it to 100 feet, a ten percent bonus for a 75-foot buffer around an isolated, non-zoned wetland, a five percent bonus for preserving an environmental corridor covering at least ten percent of the site, a five percent bonus for providing ten percent more conservation land than required, a ten percent bonus for dedicating a public park or trail access easement, a five percent bonus for a conservation easement to a public agency, and further five percent bonuses for preserving a significant archaeological site, restoring native plant species on at least half of the required open space, dedicating land to a nonprofit conservation organization, funding a stewardship endowment, preserving a historic structure listed on the state or federal register, or providing affordable housing for at least 25 percent of the units.

Every bonus still requires the developer to meet the minimum conservation land requirement for the district, and site capacity is calculated from the net buildable area after subtracting rights-of-way, wetlands, and open water. The County Zoning Agency and Planning, Zoning, and Sanitation Committee review the conservation development application under §§ 74-58 and 74-59.

Violations & Fines

A conservation development that claims a density bonus without meeting its specific condition, such as the required shoreyard setback or conservation land percentage, or that exceeds the 20 percent combined cap in § 74-63(1)i, is a zoning violation enforced under § 74-47: a forfeiture of $100 to $1,000 per violation plus costs, and each day the noncompliance continues counts as a separate offense.

Frequently Asked Questions

How much extra density can a conservation subdivision get in Walworth County?
Up to 20 percent above the base site capacity. Section 74-63(1)i lists a menu of specific density bonuses, from 5 to 10 percent each, for measures like wider shoreyard setbacks, wetland buffers, and public trail dedications, but the bonuses cannot be stacked past the 20 percent combined maximum.
What is the easiest way to earn a density bonus?
Widening the shoreyard setback earns the largest single bonus: a ten percent density bonus for increasing the total shoreyard setback to 150 feet from the ordinary high-water mark of a navigable lake, pond, flowage, or stream, or a five percent bonus for reaching 100 feet, under § 74-63(1)i.1 and i.2.
Does the density bonus reduce how much conservation land I have to set aside?
No. Section 74-63(1)i states directly that the minimum conservation land requirement must still be met when using a density bonus, so the bonus only affects how many dwelling units the site can hold, not the amount of open space the development must preserve.

Sources & Official References

Other rules in Walworth County

All Walworth County rules

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