Zoning, building permits and septic rules in Town of Black Earth, Wisconsin

Town of Black Earth’s own rules

• Building permitRequired

  Construction of buildings or mechanical systems in the Town of Black Earth.

  • New buildings, additions that increase dimensions including decks, structural or building-system alterations, new/remodeled electrical work, HVAC, and plumbing are listed as requiring permits.
  • Specified minor work, ordinary equipment repairs, and accessory structures not fixed to the ground are exempt; agricultural buildings require an administrative permit.
  • A permit is not issued unless the applicant has a Dane County zoning permit or proof that no permit is required.

  “No owner or contractor may commence construction of any building or mechanical system prior to obtaining a valid permit from the municipal building inspector.”

• Building code adoptedAdopted (with conditions)

  Dwellings, commercial buildings/structures, swimming pools, garages, structures, buildings, and residential accessory buildings in the Town of Black Earth.

  • The ordinance does not apply to children’s play structures or agricultural buildings.
  • The listed Wisconsin Administrative Code chapters and subsequent revisions are adopted and enforced by the Building Inspector.

  “The following Chapters of the Wisconsin Administrative Codes, as well as all subsequent revisions, are adopted by the Town and shall be enforced by the Building Inspector.”

• InspectionsRequired

  Permitted building projects in the Town of Black Earth.

  • The owner, contractor, or applicant must request footing/foundation, rough work, draintile/basement-floor, underfloor, insulation, final, and erosion-control inspections as applicable.
  • Requests must follow State-code timelines or be made at least 48 hours in advance.
  • Agricultural buildings require an administrative permit but no building inspections; electrical service permit and inspection remain required.

  “In order to permit inspection of a building project at all necessary phases without causing delay for the owner, the owner and/or contractor shall request all of the following inspections in conformity with the time lines required by State codes or at least 48 hours in advance by the applicant/contractor or property owner, as applicable:”

• Certificate of occupancyRequired

  Buildings in the Town of Black Earth after required inspections are completed.

  • The Building Inspector issues an occupancy permit after finding construction complies with applicable codes.
  • A temporary permit may be issued for a specified term for minor noncompliance not threatening occupants’ safety, health, or welfare.

  “No person may have occupancy of a building until an occupancy permit is issued.”

• Minimum lot sizeSpecified

  Creation of a residential lot in the Town of Black Earth.

  • Each rezoning request is considered and decided individually.
  • The Town guide separately states that residential parcels must be at least one acre; the two-acre rule is the stated requirement for creating a residential lot.

  minimum land area to create residential lot: >= 2 acres

  “The Town of Black Earth requires a minimum of two (2) acres of land area to create a residential lot. Each rezoning request is considered and decided upon individually.”

• Agricultural exemptionConditional

  Agricultural buildings in the Town of Black Earth.

  • An administrative building permit is required.
  • Building, HVAC, and plumbing inspections are not required.
  • Electrical permit and inspections are required under DSPS 316.

  “Administrative Building Permit (No building, HVAC, or Plumbing inspections required) – Electric Permit and inspections are required per DSPS 316.”

• Subdividing landRegulated (with conditions)

  Land divisions in the Town of Black Earth.

  • The Town and Dane County review land-use and land-division applications based on adopted policies.
  • The Town’s ordinance index identifies Chapter 6 as the Land Division Ordinance, amended April 4, 2024.

  “The purpose of this ordinance is to regulate and control the division of land within the corporate limits of the Town of Black Earth in order to promote the public health, safety and general welfare of the community.”

• Driveway accessRequired

  Private driveways connected to Town-road rights-of-way in the Town of Black Earth.

  • Applicants must submit a driveway construction plan to the Town Clerk before Town Board or designee consideration.
  • Erosion-control measures or a permit may be required by Town Board/designee decision.
  • No building permit for new residential construction is issued until the driveway is built to ordinance specifications, apart from final gravel after heavy equipment no longer uses it.
  • County or State right-of-way crossings require permits from the respective highway departments.

  “No person shall establish, construct, or re-route a driveway connected to a road right of way without first obtaining a Driveway Permit from the Town Board of Supervisors, or designee.”

• Permit feesPublished (with conditions)

  Town building permits.

  • Fees are established periodically by the Town Board and entered in the Fee Schedule.
  • The permit fee doubles if work begins before permit issuance.
  • State-required permit-issuance fees are also collected at the rate set by the State.

  “At the time of building permit application issuance, the applicant shall pay fees as established periodically by the Town Board and entered in the Fee Schedule. If work commences prior to permit issuances, the permit fee shall double.”

• Permit processPublished (with conditions)

  Building-permit applications in the Town of Black Earth.

  • For a new building or addition, two plan sets, a plot plan, erosion-control plan, and signed heat-loss calculations must be submitted; a third plan set may be requested for the Assessor.
  • The permit is issued only if all state, county, and local submission requirements are satisfied and the applicant has a Dane County zoning permit or proof none is required.
  • Permits are valid two years and may be extended by the inspector for up to two additional years.

  “The Inspector shall issue the requested permit if the owner or contractor demonstrates that all state, County and local submission requirements are satisfied. No permit shall be issued unless the applicant has a Dane County zoning permit or proof that no permit is required.”

Rules another office applies inside Town of Black Earth

Town of Black Earth does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Who permits septicCounty (with conditions)

  New single-family homes in the Town of Black Earth using a sanitary system.

  • The Town’s building-permit checklist requires a sanitary permit from the County Health Department before a new single-family home/duplex permit process can proceed.

  “NEW SINGLE-FAMILY HOME/DUPLEX – Sanitary Permit from County Health Department”

• Septic permitRequired

  New single-family homes/duplexes in the Town of Black Earth.

  • The permit is issued by the County Health Department as part of the Town’s listed prerequisites for new single-family home/duplex construction.

  “NEW SINGLE-FAMILY HOME/DUPLEX – Sanitary Permit from County Health Department”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Black Earth or Dane County directly.

• Owner-builder exemption — Owner-built construction in the Town of Black Earth.
• Local zoning — Land inside the Town of Black Earth.
• Zoning districts — Zoning districts applicable inside the Town of Black Earth.
• Minimum dwelling size — Dwellings in the Town of Black Earth.
• Setbacks — Structures in the Town of Black Earth.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.