Zoning in Dane County, Wisconsin: The Towns That Opted Out of County Control

The law: written for Dane County specifically, not Wisconsin generally

In most Wisconsin counties, the county/town zoning question comes down to the general statewide rule: a town is covered by county general zoning if the county has adopted it and the town has been included, or the town runs its own zoning if the county has none or the town has withdrawn under the general withdrawal statute available to towns statewide. Dane County has an additional, narrower legal tool that applies only here: 2015 Wisconsin Act 178 (originating as Assembly Bill 563), which created Wis. Stat. sec. 59.69(5m) and 60.62(6). That law applies specifically to towns in a county with a population of at least 485,000 -- a threshold that, as of this law's passage and today, only Dane County meets among Wisconsin's 72 counties. It lets any town in that county hold a special vote to withdraw from county zoning and subdivision review, with a new eligibility window opening every three years starting in 2017 (so: 2017, 2020, 2023, 2026, 2029, and onward).

The law isn't a one-step opt-out. Before a town can actually withdraw, its town board must first enact its own zoning ordinance, an official map, and a comprehensive plan (Wis. Stat. sec. 60.62(6)) -- meaning a withdrawing town has to stand up a full independent zoning apparatus (usually by contracting with a private planning/zoning administration firm) before the switch takes effect, not simply declare independence and figure out the details later.

The towns that opted out in 2017, and the ones that didn't

In the first eligible round in 2017, six Dane County towns voted at their annual town meetings to withdraw from county zoning and now administer their own: Berry, Blue Mounds, Bristol, Springfield, Sun Prairie, and Westport. Each of these towns adopted its own zoning ordinance (Springfield's took effect January 1, 2018, and directed that its pre-existing "Legacy Zoning" would freeze and any future rezoning or use changes would go through the new town-level process) and now handles zoning permits, rezoning petitions, and land divisions independently of Dane County Planning & Development.

Not every town that considered withdrawing followed through. The Town of Black Earth initially voted in favor of withdrawal in the same 2017 cycle but missed a legal filing deadline, so it remained under county zoning by default rather than by choice -- worth knowing if you see references to Black Earth's near-miss and assume it eventually completed the process; as of this research pass, it had not. The Town of Middleton put the question to its own annual meeting the same year and voted decisively against withdrawal, 352-29, choosing to stay under Dane County zoning -- though the issue was contentious enough that it cost incumbent town board members their seats to write-in challengers in the following town election. Local news reporting indicated the Middleton town board took steps toward a possible new withdrawal vote again in 2026 (the next eligible window), but this research pass could not confirm whether that vote occurred or its outcome -- Middleton's current zoning status should be verified directly rather than assumed from its 2017 history.

What actually changes for a buyer in an opted-out town

If a parcel sits in one of the opted-out towns (Berry, Blue Mounds, Bristol, Springfield, Sun Prairie, or Westport), Dane County Planning & Development's zoning map, district list, fee schedule, and permit process do not apply to it -- the town's own separately-adopted zoning ordinance does, typically administered day-to-day by a private planning/zoning contractor the town has hired rather than county staff. That means the zoning district names, setback tables, and conditional-use process can genuinely differ from the county's Chapter 10 framework, even for a parcel a short drive from one that's still under county zoning. It also means Dane County's newer policy actions -- like the 2026 hyperscale data-center permitting moratorium, which applies only where the county has zoning authority -- do not reach these six towns; whatever policy applies there is whatever that specific town has separately adopted.

What doesn't change regardless of which authority handles general zoning: Wisconsin's statewide shoreland zoning (NR 115, within 1,000 feet of a lake/pond/flowage or 300 feet of a river/stream) and the septic/well permitting process through Public Health Madison & Dane County still apply the same way across every Dane County town, opted-out or not, since those are separate state-mandated programs rather than part of the general zoning system this opt-out law addresses.

What to actually do before buying a Dane County parcel

1. Identify the specific town the parcel sits in, then call Dane County Planning & Development ((608) 266-4266) and ask directly whether that town is under county zoning or has withdrawn -- do not assume based on this page's 2017 list alone, since a later withdrawal round (2020, 2023, 2026, or beyond) could add towns this research pass did not capture.
2. If the town has its own zoning (one of the six 2017 towns, or any later addition), ask the town clerk who administers it day-to-day -- most contract with an outside planning/zoning firm rather than staffing it with town employees -- and get that contractor's contact information directly.
3. If the town is still under county zoning, and the parcel is large, rural, and near power/fiber infrastructure, ask specifically whether the 2026 hyperscale data-center moratorium (or whatever standards eventually replace it) has any bearing on development plans.
4. Regardless of which zoning authority applies, confirm shoreland-zone status (NR 115) directly if the parcel is anywhere near a lake, pond, or stream, and contact Public Health Madison & Dane County for septic and well permitting questions -- these run on a separate track from general zoning.