Zoning, building permits and septic rules in Town of Birnamwood, Wisconsin

Town of Birnamwood’s own rules

• Building permitRequired

  New 1 and 2 family dwellings inside Birnamwood town

  • The town page lists a UDC permit for new 1 and 2 family dwellings only; contact the named person before construction.
  • Land use permits must also be obtained before construction (see permit_process claim).

  “udc permit. contact mike block at 715-490-4049 for new 1 & 2 family dwellings only.”

• Driveway accessLimited

  Driveway or culvert access onto town roads inside Birnamwood town

  • The town does not issue driveway or culvert permits for town roads.
  • Driveways onto county highways go through the Shawano County Highway Department; onto state or federal highways through WisDOT.

  “town of birnamwood does not issue driveway or culvert permits for town roads.”

Rules another office applies inside Town of Birnamwood

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

• Zoning districtsPublished

  County zoning districts applying to land inside Birnamwood town, which the county administers

  • Districts include working lands districts (FP, FH, OAR), the R-S, R-M residential districts, and an A-R agricultural-residential district.
  • The text is the December 2014 version of Ordinance 7-14; amendments in 2020 and 2022 were not opened.

  “the r-s district is intended to accommodate single family detached and duplex residential development along with compatible home occupations”

• Manufactured homesLimited

  Manufactured homes as single-family dwellings on land inside Birnamwood town, under county zoning

  • Manufactured homes are allowed as single-family dwellings only if they meet the standards in the county land use description section x.9.03(283).
  • Temporary stand-alone manufactured or mobile homes are listed as a separate use in the district table; permissions by district were not resolved.

  “(including manufactured homes meeting standards in section x.9.03(283))”

• Accessory dwellingsLimited

  Accessory dwelling units on lots inside Birnamwood town under county zoning

  • The accessory dwelling unit may not be a travel trailer, recreational vehicle, camping unit, mobile home, bus, or truck storage container (b).
  • The ADU must have its own private onsite wastewater treatment system and at least one bedroom under SPS 383 (c).
  • Only one ADU is allowed per lot (e).
  • The owner of the lot must live in either the principal or accessory dwelling as primary residence (f).

  ADU maximum area: <= 1000 square feet (also not more than 50% of the principal dwelling livable area)

  “(d) the accessory dwelling unit shall not exceed 50% of the livable area of the principal dwelling unit and shall not exceed 1,000 square feet in area.”

• Who permits septicCounty (with conditions)

  Private onsite wastewater treatment systems (POWTS) on land inside Birnamwood town, which the county handles through its Planning & Development department

  • The town page states that a licensed plumber submits the sanitary application to Shawano County Planning & Development.
  • Sanitary permits are issued under Shawano County Ordinance 4-13 with state sanitary rules (SPS 383) applying.

  “sanitary permit. a licensed plumber will submit application to shawano county planning & development.”

• Septic permitRequired

  New or modified private onsite wastewater treatment systems on land inside Birnamwood town

  • Permits must be obtained prior to the start of construction of the POWTS (Section 7.1(2)).
  • A land use permit may not be issued until the sanitary permit for the structure has been issued (Section 7.1(1)).
  • A sanitary permit is valid for 2 years from the date of issuance and is renewable for additional 2-year periods (Section 7.3).
  • A soil and site evaluation report must be reviewed and approved before a sanitary permit is issued (Section 9.1).

  permit validity: 2 years (renewable for additional 2-year periods)

  “permits shall be obtained prior to the start of construction of the powts.”

• Septic inspectionRequired

  POWTS installed on land inside Birnamwood town

  • Mounds and at-grade systems are also inspected during plowing, sand fill placement, and distribution piping placement (Section 8.3).
  • Additional inspections may be required by the issuing agent (Section 8.3).

  “section 8.1 the issuing agent shall inspect all powts after construction, but before backfilling.”

• Subdividing landRegulated (with conditions)

  Land divisions creating parcels inside Birnamwood town

  • Most land divisions require a certified survey map or subdivision plat submitted to the county for review and approval.
  • The county land division ordinance is the governing text; it was not opened.

  “most land divisions/creation of land parcels require a certified survey map or a subdivision plat to be submitted to the county planning development & zoning department for review and approval”

• Permit processPartial

  Permit sequence for building or relocating a home inside Birnamwood town (land use, sanitary, 911 address, UDC)

  • Obtain 911 address from Shawano County Planning & Development.
  • A licensed plumber submits the sanitary application to Shawano County Planning & Development.
  • Land use permits are obtained from Shawano County Planning & Development; after-the-fact permits are charged a double fee.
  • A soil test should be done first, before the lot is purchased, with a septic contractor.

  “land use permits must be obtained prior to beginning a construction or relocation project.”

Still unanswered

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

• Owner-builder exemption — Owner-builder permitting inside Birnamwood town
• Building code adopted — New construction inside Birnamwood town
• Inspections — Inspections of new construction inside Birnamwood town
• Certificate of occupancy — Occupancy approval for new homes inside Birnamwood town
• Local zoning — Land inside Birnamwood town (unincorporated) - whether the town itself has adopted a zoning ordinance

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.