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Proposed ordinance amendment 2026 OA-007 would remove a number of intensive, non-agricultural conditional uses from agricultural and transitional districts (FP-1, FP-35, FP-B, AT-35, and RM-16) in the Dane County Zoning Ordinance. The amendment was introduced by District 29 Supervisor Don Postler and is supported by the Dane County Towns Association. The county Zoning and Land Regulation Committee will hold a public hearing on the ordinance amendment, but the specific date has not yet been scheduled. Once the hearing is set, as required under state statutes, all 26 rural towns within county zoning will have an opportunity to provide input and act on the amendment.
In practical terms, the proposal would affect uses such as utility and transmission projects, renewable electric generating facilities under 100MW in size, non-metallic mineral extraction, and temporary asphalt or ready-mix concrete production where those uses are allowed by Conditional Use Permit (CUP). Applicants seeking to establish these uses on ag-zoned land would instead need to seek rezoning into a commercial or industrial district, such as Rural Industrial, and then apply for and obtain a CUP if needed.
The proposed ordinance change will provide greater oversight of major land use decisions to both the town and county. Under Wisconsin law, CUP decisions are “quasi-judicial” in nature and must be supported by “substantial evidence,” whereas rezones are legislative decisions over which the town and county have broader discretion. Town actions on CUPs are only advisory to the county zoning committee, whereas the county cannot override town denial of a rezoning.
Existing CUPs would remain valid, so current permit holders would not be affected. However, new or renewed proposals for these uses would be.
Please contact Majid Allan, allan.majid@danecounty.gov with questions about OA-007.
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