Land Use, Zoning, and Sanitary

Outagamie County General Zoning

Outagamie County's Zoning Ordinance guides how land can be used and developed to promote orderly growth, protect public health and safety, preserve property values, and safeguard natural resources. Zoning sets the basic rules for what can be built and where- such as permitted land uses, minimum lot sizes, setbacks, building height, and performance standards- while coordinating with related county and state requirements.

Where County Zoning Applies

Outagamie County zoning applies in 13 of the County's 19 townships (with cities, villages, and some towns administering their own zoning). Because zoning jurisdiction varies by location, property owners should confirm whether the County or a local municipality is the zoning authority for a specific parcel.

What Zoning Regulates (Core Topics)

1) Allowed land uses by zoning district

Zoning districts (such as agricultural, residential, commercial, and industrial) specify:

• Permitted uses (allowed by right)
• Special Exceptions (may be allowed with additional review and conditions)
• Prohibited uses (not allowed in the district)

2) Lot standards and building placement

Zoning sets dimensional requirements such as:

• Minimum lot area and width
• Setbacks from property lines, roads, and other features
• Building height limits
• Limits on lot coverage or intensity in certain districts (where applicable)

3) Accessory structures and site features

Zoning commonly regulates:

• Location and size of garages, sheds, and accessory buildings
• Fences, driveways, and parking areas (often in coordination with local road authorities)
• Home occupations and certain small-scale accessory uses (where applicable)

4) Nonconforming lots and structures

Many properties were created or built under older rules. The ordinance typically includes standards for:

• Continued use and maintenance
• When expansions are allowed (and when they are restricted)
• Replacement or reconstruction after damage (depending on circumstances)

5) Overlay and special purpose regulations

Additional standards may apply where mapped or adopted, including:

• Shoreland zoning (near navigable waters)
• Floodplain zoning (in mapped flood hazard areas)
• Airport zoning (height/use restrictions near the airport)
• Other environmentally sensitive or special protection areas (when applicable)

6) Permits and approvals tied to zoning

Depending on the project, zoning review may include:

• Zoning permits for new construction, additions, and certain land uses
• Conditional Use Permits (CUPs) (public hearing and conditions may apply)
• Variances (requested through the Board of Adjustment when a project cannot meet dimensional standards due to property hardship)
• Rezoning/Map amendments (legislative process to change district boundaries)

General zoning applies in unincorporated areas that have adopted Outagamie County's General Zoning. Cities and Villages usually administer their own zoning, so County General Zoning may not apply within incorporated municipal limits.

Outagamie County regulates General Zoning through nine zoning districts:

• Exclusive Agriculture District (AED)
• General Agriculture District (AGD)
• Single-family Residential District (RSF)
• Multifamily Residential District (RMF)
• Residential Two-family District (RTF)
• Local Commercial District (CL)
• Regional Commercial District (CR)
• Planned Commercial Office District (CP)
• Industrial District (IND)

Zoning helps ensure that land uses are compatible with surrounding properties and that growth occurs in a safe, orderly, and sustainable manner.

When a property requests a rezoning (a change to a zoning district designation), the County uses the Outagamie County Comprehensive Plan as a key reference. More information about the plan and how it is used countywide is available on the website under Planning and Community Development.

Zoning Committee and Board of Adjustment (BOA)

Zoning Committee

The Outagamie County Zoning Board of Adjustment is appointed by the County Executive and consists of five total members: three primary members and two alternate members.

Role and Authority

The Board of Adjustment hears and decides appeals related to:

• The Outagamie County Zoning Ordinance, and
• The Outagamie County Shoreland and Floodplain Ordinances

Quasi-Judicial Process

Because the Board functions similarly to a court, it is considered a quasi-judicial body. The Board follows established procedures and evaluates the facts and testimony presented in each case. A person or party who is aggrieved by a Board decision may appeal that decision to the Circuit Court.

Meetings and Application Timing

The Board typically meets on the first and third Friday of each month, only when an item on the agenda. A complete application must be submitted to the Zoning Department at least three weeks before the meeting date.

For additional information, contact the Zoning Administrator at (920) 832-5046.

Members of the County Board of Adjustment are:

• Roy Hegard (term exp. 7/1/2026)
• George Fickau (term exp. 6/30/2026)
• Diane Rowe (term exp. 6/30/2026)
• Melissa Kraemer-Badtke - Alternate (term exp. 6/30/2026)
• Harold Steenbock- Alternate (term exp. 6/30/2026)

Board of Adjustment Meeting Materials

• 2026- January 16(PDF, 3MB)
• 2025- December 5(PDF, 9MB)
• 2024- March 15(PDF, 8MB)
• 2023- May 19(PDF, 43KB)
• 2023- February 17(PDF, 2MB)
• 2023- February 3  Adjourned
• 2022- August 5  Cancelled
• 2022- September 2(PDF, 2MB)

For Board of Adjustment Packet Materials predating 9/2/2022, please contact Development & Land Services at zoningemail@outagamie.org or (920) 832-1686.

Additional Resources

Zoning Permit Information Guide(PDF, 446KB)

Outagamie County's land division regulations (administered through the County Subdivision Ordinance and related zoning/sanitary/environmental ordinances) guide how property can be split, created, or reconfigured. The goal is to ensure new parcels are legal, buildable, served appropriately (sewer or septic), and have safe access, while coordinating with towns/cities/villages and state requirements.

What a "Land Division" Means

A land division is typically any action that:

• Creates new lots or parcels from an existing tract, or
• Adjusts lot lines in a way that affects lot size, setbacks, access, or buildability

Depending on the number of lots, location, and infrastructure involved, land divisions are generally processed as either:

• Certified Survey Map (CSM)/minor land division, or
• Subdivision plat (preliminary and final plat) for larger or more complex proposal

Outagamie County's review frequently occurs alongside the local municipality (town/city/village) and other agencies as needed.

Where Land Division Rules Commonly Apply

Land division review is especially important when property is:

• Served by private onsite wastewater (POWTS/septic) (sanitary feasibility is a major checkpoint).
• Within shoreland, wetland, or floodplain regulated areas (reduced buildable area can affect compliance).
• On or near roads with limited frontage or access constraints.
• Proposed for development that may require stormwater/erosion control permits.

What the County Reviews (Key Compliance Topics)

Land division review typically evaluates whether each proposed lot or parcel:

1) Meets zoning and buildability standards

• Minimum lot area/width requirements (based on underlying zoning).
• Adequate building site area outside restricted features (where applicable).

2) Has legal and safe access

• Sufficient road frontage or recorded access easements.
• Avoids creating landlocked parcels.
• Addresses driveway/access limitations where known (coordination may be needed).

3) Can be served by sanitary systems

• For lots without public sewer, review focuses on whether a lot can reasonably supports a POWTS and meet sanitary permitting requirements (based on soils/site conditions and separation distances).

4) Avoids impacts to regulated environmental areas

• Floodplain constraints, shoreland setbacks, wetlands, and drainage features can limit where structures and septic systems can be placed.

5) Includes proper surveying, mapping, and recording elements

• Survey standards, legal descriptions, monumentation, and clear depiction of easements/right-of-way
• Notes/dedications needed for long-term clarity and enforcement

Stormwater and Erosion Control

Stormwater and erosion control regulations are designed to protect public safety, property, and natural resources by managing how water flows across land during and after construction or land disturbance activities. When land is cleared or developed, soil can erode and stormwater runoff can increase, potentially causing flooding, property damage, and water pollution.

The County's stormwater and erosion control requirements help minimize these impacts by establishing standards for site design, drainage, sediment control, and long-term stormwater management. Property owners, contractors, and developers may be required to obtain permits and implement approved control measures before beginning certain types of land-disturbing activities.

These regulations support responsible development while protecting streams, roadways, neighboring properties, and the overall health of the community. 

Municipal Separate Storm Sewer System (MS4)

The Municipal Separate Storm Sewer System (MS4) is a publicly owned stormwater conveyance system (such as storm sewers, curb and gutter, ditches, and stormwater ponds) that collects and discharges stormwater to lakes, streams, and wetlands. MS4 communities operate under state and federal stormwater permits that require actions to reduce pollutants in runoff, such as public education, construction-site erosion control, post-construction stormwater management, and good housekeeping for municipal operations.

In Outagamie County, MS4 requirements apply to regulated municipalities and other public entities (such as transportation or facility operators) that own or operate storm sewer infrastructure within a permitted MS4 area. The County supports MS4 compliance through stormwater-related ordinance administration and coordination with local municipalities and the Wisconsin Department of Natural Resources (WDNR), with a focus on protecting local surface waters and managing runoff from development and public projects.

MS4 Annual Reports

2023 MS4 Annual Report(PDF, 69MB)

2024 MS4 Annual Report(PDF, 297KB)

Outagamie County administers Airport Zoning regulations to help protect the safe operation of the Appleton International Airport (ATW), formerly Outagamie County Regional Airport, and surrounding airspace. The airport is located in the Village of Greenville, 3 nautical miles west of Appleton.

Airport Zoning establishes land use and height standards in designated areas around the airport to reduce hazards such as tall structures, towers, lighting, glare, and uses that attract large concentrations of wildlife hazardous to airport operations.

These regulations help support aviation safety, protect public investment in airport facilities, and provide clear development expectations for property owners and project applicants near the airport.

ATW is included in the Federal Aviation Administration National Plan of Integrated Airport Systems for 2025-2029.

Click to view the Appleton International Airport Website

Septic System- Private Onsite Wastewater Treatment System (POWTS) Information

If you're planning new construction in Outagamie County where public sewer is not available, you will need a POWTS (Private Onsite Wastewater Treatment System)- commonly called a septic system.

A Sanitary Permit is required to help ensure waste water is properly treated and does not create a public health hazard. A Sanitary Permit must be issued before:

• A building permit can be issued, and
• Any construction begins

When is a Sanitary Permit Required?

A sanitary permit is required when a property owner:

• Installs a new POWTS or replaces an existing system
• Modifies an existing POWTS
• Makes a new connection to an existing system (example: new construction adding a bathroom)
• Adds bedroom to an existing residential

Who Can Apply

Property owners cannot submit a Sanitary Permit application directly. Applications must be submitted by a licensed plumbing contractor and are filed electronically through the County's online portal, CityView. Questions can be directed to a Code Inspector.

Sanitary Permit Process

Soil Testing (unless installing a holding tank)

Soil tests must be completed by a Certified Soil Tester (CST) licensed by the State of Wisconsin.

Determine the Review Path

• If the soil test supports a conventional in-ground system for a one- or two-family residence, the County may issue the sanitary permit without State plan review.
• If the soil test supports a mound, in-ground pressure, at-grade, or holding tank system, plans may need approval by Outagamie County and/or the State (as applicable) before the County can issue the sanitary permit.

Prepare Plans

Plans must be drawn by an architect, engineer, plumbing designer, or the master plumber installing the system.

Submit through the CityView Portal

Upload the completed plans and soil test results and pay the required fees.

Note: other permits (such as Stormwater/Erosion Control) may be required before a sanitary permit can be issued. Please visit FAQs to determine if additional permits are required.

After Approval

Once the sanitary permit is approved, provide it to your local building inspector, who can then issue the building permit. 

Timing and Construction Rules

• Soil tests, application review, and site inspections take time- Plan Ahead!
• No excavation may begin until all applicable permits are issued.
  • Excavation includes top soil stripping, is considered the start of construction.
  • Starting work without permits results in a double permit fee as a penalty.

Additional Resources

WOWRA Septic System Booklet(PDF, 621KB)

Care & Maintenance of Residential Septic Systems(PDF, 853KB)

Outagamie County's Shoreland Zoning Ordinance regulates development on properties near lakes, rivers, streams, and associated wetlands in order to protect water quality, prevent erosion, reduce runoff and nutrient loading, preserve habitat and natural shoreline character, and reduce risks to public safety and infrastructure. Shoreland standards typically apply within the mapped shoreland area along navigable waters and in designated shoreland-wetland areas, and they work alongside County zoning, sanitary (POWTS), stormwater/erosion control, and (where applicable) floodplain requirements.

Where the Shoreland Ordinance Applies

Shoreland zoning generally applies to:

• Parcels within the 300 ft shoreland zoning district along navigable waters (lakes and streams/rivers).
• Shoreland-wetland areas mapped/regulated due to sensitive wetland resources.
• Projects that include grading, filling, vegetation removal, or structures near the water.

Because applicability depends on mapping and site conditions, property owners should confirm shoreland status early during project planning.

What Activities Commonly Require Review/Permits

In shoreland areas, County review is commonly required for:

• New homes and accessory structures (garages, sheds) and additions.
• Decks, stairs, patios, retaining walls, and similar site improvements near the shoreline.
• Grading, filling, or excavating.
• Vegetation removal (especially clearing near the water) and changes to required vegetated buffer areas.
• Shoreline structures or near-shore work.
• Driveways, access changes, and drainage modifications that may affect runoff to the waterbody.
• Replacement/reconstruction of existing structures when changes increase impacts or expand nonconformities.

Core Regulatory Themes (What the Ordinance Typically Controls)

While exact standards depend on the property and waterbody type, shoreland zoning commonly includes:

1) Setbacks from the Ordinary High Water Mark (OHWM)

• Structures and impervious surfaces are usually required to meet minimum setbacks from the OHWM to protect the shoreline and reduce erosion and runoff impacts.

2) Lot and Building Placement/ Design Constraints

• Minimum lot standards and building siting rules are intended to ensure adequate separation from the water, space for onsite wastewater (where used), and reduced disturbance of sensitive shoreline areas.

3) Vegetative Buffer and Clearing Limits

• Rules typically limit how much vegetation can be removed and require maintaining/restoring native vegetation buffers to filter runoff, stabilize soils, and protect habitat.

4) Erosion Control and Stormwater Management

• Land disturbance and construction activity near the shoreline usually must include erosion control practices (stabilization, sediment control, runoff management). This often overlaps with the County's stormwater/erosion control requirements.

5) Shoreland-Wetland Protections

• Wetlands within the shoreland zoning framework are commonly subject to more restrictive use limitations, and proposals may also trigger separate state/federal wetland requirements.

6) Nonconforming Structures and Lots

Older shoreland developments may be legally noncomforming (e.g., built closer to the water than current standards allow). The ordinance typically sets rules for:

• Maintenance/repair
• Expansion 
• Reconstruction after damage
• When a project becomes a substantial improvement (which can add additional restrictions)

Outagamie County's Floodplain Ordinance regulates development in mapped flood hazard areas to protect life and property, reduce flood damages, maintain natural flood storage and conveyance, and ensure construction complies with state and federal floodplain management standards (including FEMA flood maps where applicable). The ordinance helps ensure new development does not increase flood risk on the site or for neighboring properties and supports eligibility for federal flood insurance and disaster assistance programs.

Where the Floodplain Ordinance Applies

Floodplain standards generally apply to properties within areas mapped as:

• FEMA Special Flood Hazard Areas (SFHA) (commonly the 1% annual chance floodplain), and/or
• Other flood hazard mapping and designated floodplain districts adopted by the County (including floodways and floodfringe, where mapped)

Because mapping can be parcel-specific, applicants should confirm floodplain status early- especially before purchasing, designing, or placing fill.

What Activities Commonly Require Review/Permits

In floodplain areas, a County Shoreland Zoning Permit (and often additional reviews) is commonly required for:

• New buildings and additions (homes, garages, commercial buildings).
• Substantial improvements or major renovations to existing structures.
• Placement of fill, grading, excavation, or land contour changes.
• Basements, crawlspaces, or changes to lowest floor elevations.
• Culverts, bridges, driveways, stream crossings, ditching, or drainage changes.
• Accessory structures and storage buildings (depending on size/location/use).
• Relocation or replacement of structures after damage.
• Manufactured homes (new placements or replacements).
• Activities that may obstruct flow or reduce flood storage, including certain fences, walls, and storage of materials/equipment.

Core Regulatory Themes (What the Ordinance Typically Controls)

1) Floodway vs. Floodfringe (higher vs. lower tolerance areas)

Floodplain management typically distinguishes between:

• Floodway: the channel and adjacent area needed to carry floodwaters. Development is usually highly restricted because obstructions can increase flood heights/velocities.
• Floodfringe: areas that flood but are outside the floodway. Development may be allowed if it meets elevation, floodproofing, and compensatory storage requirements (as applicable).

2) Building Elevation and Floodproofing Standards

Common floodplain requirements include:

• Setting the lowest floor elevation at or above a required elevation (often tied to the Base Flood Elevation on FEMA maps).
• Floodproofing standards for non-residential structures (where allowed).
• Limits on basements and below-grade construction in mapped hazard areas.

3) Fill, Compensatory Storage, and No-Adverse-Impact

Floodplain ordinances typically regulate:

• Fill placement (because it displaces flood storage).
• Requirements for compensatory storage (replacing lost flood storage volume), where applicable.
• Ensuring projects do not cause increased flood elevations or damage to other properties.

4) Substantial Improvement/ Substantial Damage

Many floodplain rules tighten when a project is a substantial improvement (major renovation) or a structure is substantially damaged. When triggered, the structure may need to be brought into closer compliance with current floodplain standards (elevation, floodproofing, etc.). This is a key early determination in permitting.

5) Utilities, Tanks, and Service Equipment

Projects often must address protection/anchoring of:

• HVAC, electrical panels, and service equipment
• Fuel tanks and other buoyant/flammable containers
• Water/wastewater components to reduce contamination and damage during floods

6) Coordination with Other Permits

Floodplain review often overlaps with:

• Shoreland zoning (if also near navigable waters).
• Stormwater and erosion control (land disturbance and drainage changes).
• Sanitary/POWTS (if onsite systems are involved).
• WDNR and federal authorizations for work in waterways/wetlands, when applicable.