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Planning & Zoning

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1. Do I need a building permit?

What people generally refer to as a building permit is called a Land Use Permit in Bayfield County. All structures in Shoreland/Floodplain areas shall require a land use permit.  

A land use permit shall be required for any new residence, any building erected, relocated or structurally altered, any change in the use of the land; or where any use of the land is altered. 

A land use permit shall be obtained prior to the initiation of construction or a change in land use. ** If adding an attached or detached Deck(s) a land use permit is required. ** No permit shall be issued if the applicant is in violation of the Bayfield County Zoning Ordinance, Flood Plain Ordinance, Shoreland-Wetlands Zoning Ordinance, or Subdivision Control Ordinance. Setback Compliance: Non-Habitable Structure Compliance

All structures shall meet prescribed setback standards (including eaves and overhangs) for the zoning district in which they are located. All structures in shoreland or floodplain areas shall require a land use permit. 

A non-shoreland residential land use permit shall not be required for a residential accessory structure (non-habitable) of less than two hundred (200) square feet in area (does not apply to additions or alterations of a structure), or for a private communication device, if not in a floodplain. A temporary structure of more than two hundred (200) square feet shall require a temporary permit.

2. Is or are there any structure(s) that do not require a permit?

A residential land use permit shall not be required for residential non-habitable (non-shoreland) structure of less than two hundred (200) square feet in area, or for a private communication device if not in a shoreland/floodplain.

Shoreland properties (per Act 55) all structures require a permit.   In the Shoreland Area, structure shall mean a principal structure or any accessory structure including a garage, shed, boathouse, sidewalk, walkway, patio, deck, retaining wall, porch or firepit.

Temporary structure(s) of more than two hundred (200) square feet shall require a temporary permit. 

Landings with steps shall not require a land use permit provided the landing area does not exceed 40 square feet, however, if landing is enclosed or covered a land use permit is required.

3. If my building is on skids, do I need a permit?

Yes. Even though the building is not on a permanent foundation it is an erected building and therefore requires a permit.

4. Must I have the actual permit in hand before I can start doing what I have applied for?

Yes, once your application is approved you will be provided a permit that you post in plain view on the property for which the permit applies. Site preparation does not require a permit, except in shoreland areas and mapped wetland areas you must have a permit in hand before you can do any site preparation.

5. What attachments do I need to include with my permit application?

All land use applications must be accompanied with the appropriate fees and proof of ownership. A land use application is also required to have a site plan and floor plan(s), and a copy of the property tax statement, unless you are a new property owner; then a copy of your recorded deed is required. Special Use, Conditional Use, Rezone, and Board of Adjustment applications must have a copy of property tax statement and a copy of your recorded deed.

6. If I come to the planning and zoning office and complete my permit application will I be able to leave with my permit?

No. A site inspection is required before a permit can be issued.

7. How long does it take to get a permit?

As a general rule of thumb it takes approximately 2 1/2 -3 weeks to receive your land use permit unless you are also applying for a Class-A, a mitigation plan, and/or sanitary permit. With a Class-A, a mitigation plan, and/or sanitary permit application it may take an additional 2-3 weeks before you receive your permit. Any Special Use-Class B, Rezone, Conditional Use, and Board of Adjustment applications must go before the Planning and Zoning Committee or the Board of Adjustment and will take 6-8 weeks before you receive your permit.

8. Can I Run a Business or Change the Use on my Property?

Short Answer:  Maybe.   Conversion or Change of Use to any property requires additional permitting.

All parcels of land in Bayfield County are based on Zoning Districts.  

In order to Run a Business, Change or Convert the Use of a Property; the Use must be allowed by our Classification List. 

See our Ordinance Link, Title 13, Chapter 1, Article D, Section 13-1-62 (Classification of Uses) to verify if the Permissible Use is allowed to be permitted within the Zoning District.

9. Can I Change or Convert the Use of my Accessory Structure?

No, not without the proper permitting.  

If you applied for an accessory structure or purchased a property with an existing structure; the structure may not be used for human habitation / sleeping purposes.  

Any and all conditions placed at the time of permitting are required to be followed.

All structures must meet and maintain setbacks (including eaves and overhangs) as permitted.  If you wish to relocate or move structure; it requires permitting prior to placement.

Note:  No pressurized water or plumbing fixtures allowed inside a structure unless said structure is permitted by the Planning and Zoning Office to be connected to a code compliant POWTS/Sanitary System.  

10. When I apply for a permit will someone actually inspect the site?

Yes. An Assistant Zoning Administrator will inspect the site to ensure that all setbacks are met and the site complies with the Zoning Ordinance.

11. What should I do to prepare the site for inspection?

Place stakes where your building, sanitary system, and well will be or are located, and also have all lots lines clearly marked.  Stakes should be placed from the furthest extensions (include eaves and overhangs).

Boundary Line Determination(s):

Prior to the placement or construction of a structure within ten (10) feet of the minimum required setback, the boundary line from which the setback must be measured must be visible from one previously surveyed corner to the other previously surveyed corner or marked by a licensed surveyor at the owner’s expense.

Prior to the placement or construction of a structure more than ten (10) feet but less than thirty (30) feet from the minimum required setback, the boundary line from which the setback must be measured must be visible from one previously surveyed corner to the other previously surveyed corner, or verifiable by the Department by use of a corrected compass from a known corner within 500 feet of the proposed site of the structure, or must be marked by a licensed surveyor at the owner’s expense.

12. Must I be present during the site inspection?

No, it is not necessary for you to be present.

13. I am in the process of buying property and would like the land use permit in my name. How do I go about doing this?

You must first obtain a recorded deed. Permits may only be issued in the name of the property owner. 

Note: A copy of the deed without the Register of Deeds recording in the upper right hand corner will not be accepted. A copy of the recorded deed is the only paperwork that will be accepted.

14. I am interested in purchasing or I recently purchased a parcel of land and would like to know if it is buildable, could I have an Inspector come out to the property and do an inspection?

You can request an on-site inspection.  You need to send a letter requesting an on-site inspection, it must have your name, phone number and a check for $250 to the Planning and Zoning Department requesting an on-site inspection. An inspector will call you to set a day and a time to meet on the property.  If you do not own the property and would like an on-site inspection, you will need to attach a letter of authorization from the existing property owner stating they approve of the inspection.

15. Can my contractor / agent apply for my permit?

Yes. However; the application must be filled out showing the property owners name and signed by the property owner. If anyone other than the property owner signs the application, the property owner must write and sign a Letter of Authorization, authorizing the contractor / agent to apply for the permit.

16. What if our property is in a Trust or LLC?

A copy of the Trust page(s) or LLC page(s) showing all owners and which of the owner(s) is/are authorized to sign on behalf of the Trust/Corporation will need to be included with the application.

17. Do I need a permit to build on my farm?

Yes. There are no exemptions for farm buildings / structures.