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The Data Center Divide

Brown County

Anti-Data Center Policies

Brown County requires permits for new development in unincorporated shoreland areas, with typical 75-foot water setbacks and a 15% impervious-surface limit, which may be increased through mitigation.

current law · Unincorporated areas
The Brown County Code of Ordinances contains the county’s general regulatory chapters, including provisions concerning shorelands, wetlands, floodplains, noise control, public health, stormwater, and related subjects that could affect development.Brown County Code of Ordinances (2026 edition)

What this means

In unincorporated shoreland areas, new development generally needs a permit and structures must usually be set back 75 feet from the water (permit required before new development; 75 feet). The 15% impervious-surface limit, with higher limits possible through mitigation, could add real design costs for a large facility, but the rules apply only near navigable waters and do not impose broad operating restrictions (15% impervious surface).

People behind it

  • Adopted the Shorelands Ordinance for Brown County, Wisconsin.

  • Has authority to alter, supplement, or change the ordinance and its regulated districts.

  • Oversees the Zoning Office and reviews and recommends proposed ordinance amendments.

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  • Administers the ordinance, advises applicants, issues permits and certificates of compliance, conducts inspections, and investigates violations.

  • Issues shoreland permits, determines certain shoreland boundaries, reviews mitigation plans, and administers permit applications.

  • Decides special-exception applications, variances, and appeals under the ordinance.

Restrictions & requirementsHide restrictions & requirements21
  • The ordinance applies to unincorporated shorelands within 1,000 feet of navigable lakes, ponds, and flowages, and within 300 feet of navigable rivers or streams or to the landward side of the floodplain, whichever is farther. A data center located in these areas is subject to the shoreland restrictions. Areas regulated

  • A shoreland permit is required before new development or a change in the use of an existing building or structure, unless specifically exempted. Development includes constructing or moving buildings, additions, substantial alterations, paving, filling, grading, excavation, and similar work. A shoreland permit shall be obtained

  • Buildings and structures generally must be set back at least 75 feet from the ordinary high-water mark of navigable waters. A reduced setback for a new principal structure is limited to specified averaging situations, must generally be at least 35 feet, and requires qualifying nearby structures. a setback of 75 feet

  • A structure taller than 35 feet is prohibited within 75 feet of the ordinary high-water mark. This can restrict data-center buildings or related structures located near navigable waters. A structure taller than 35 feet

  • Residential, commercial, and industrial structures must be at least 20 feet from the top ridgeline of a slope of 20% or greater, measured to the foundation, unless a greater ordinary-high-water-mark setback applies. Encroachments not otherwise authorized require a special exception permit; a geotechnical study may support a permit for certain structures in the setback. set back a minimum of 20 feet

  • Impervious surface coverage is generally limited to 15% of the portion of a lot or parcel within 300 feet of the ordinary high-water mark. This can constrain data-center buildings, parking, driveways, equipment pads, and other surfaces. shall not exceed 15% impervious surface

  • For designated highly developed shorelines, the ordinance allows higher impervious-surface standards—up to 30% for residential uses and 40% for commercial, industrial, or business uses—but only where the shoreline qualifies under specified census, land-use, mapping, or development criteria. up to 30% for residential land use and up to 40% for commercial

  • A parcel may exceed the applicable impervious-surface standard only up to specified maximums—30% under the ordinary standard, 40% for residential use on highly developed shorelines, or 60% for commercial, industrial, or business use on highly developed shorelines—and development exceeding the standard requires an approved mitigation plan. not more than 60%

  • Development in the shoreland-wetland district is limited to listed permitted uses. Uses not listed, including an ordinary data-center building or use, are prohibited unless the wetland or affected portion is rezoned through an ordinance amendment. Any use not listed

  • Rezoning shoreland wetlands requires county procedures involving the zoning agency, public notice and hearing, and notices to the Department of Natural Resources. Rezoning may not occur if it could significantly adversely affect listed wetland functions, including flood storage, groundwater flow, sediment filtering, shoreline protection, wildlife habitat, or fish habitat. shall not be rezoned

  • Filling, grading, lagooning, dredging, ditching, or excavating must minimize erosion, sedimentation, and impairment of fish and wildlife habitat, comply with applicable federal, state, and local requirements, and protect or stabilize fill. In shoreland areas without mapped floodplain, a 35-foot no-fill area is required from the ordinary high-water mark unless an approved floodplain analysis supports a reduction. a minimum 35 foot no fill area is required

  • A permit is required for specified filling, grading, and excavating, including at least 1,000 square feet of such activity, more than 500 square feet of filling within 100 feet of a shoreland wetland, or certain work within 100 feet of navigable water. Work exceeding 20,000 square feet within 100 feet of navigable water requires a special exception permit. greater than 20,000 square feet

  • A special exception permit from the Board of Adjustment is required for certain artificial waterways, canals, ditches, lagoons, ponds, lakes, or similar waterways within 300 feet landward of navigable water or intended to connect to navigable water. Special exceptions require an application, public hearing, Class Two notice, written findings, and specified evaluation of pollution, erosion, drainage, waste, and compatibility impacts. shall be permitted only after

  • Vegetation may not generally be removed within the 35-foot vegetative buffer zone along navigable waters. The principal access-and-viewing-corridor exception is limited to 35% of shoreline frontage, with a minimum of 10 feet and maximum of 200 feet, and other vegetation-management activities require compliance with specified plans or conditions. prohibit removal of vegetation in the vegetative buffer zone

  • Minimum shoreland lot dimensions are 10,000 square feet and 65 feet of average width with public sanitary sewer, or 20,000 square feet and 100 feet of average width without public sanitary sewer. These standards can limit the creation or use of sites for data-center development. The minimum lot area shall be 20,000 sq. ft.

  • Where public sewage collection and treatment is unavailable, private on-site wastewater systems must comply with the county's private sewage system ordinance; where public water is unavailable, private wells must comply with state requirements. design and construction of private on-site waste treatment system

  • Buildings and structures in a floodplain must comply with the applicable floodplain zoning ordinance, creating an additional regulatory requirement for a data-center site or expansion in a floodplain. required to comply with any applicable floodplain zoning ordinance

  • When mitigation is required for impervious-surface exceedances or certain nonconforming-structure expansions, the owner must obtain county approval, provide a professionally prepared site plan, record an enforceable maintenance obligation, start the measures within one year, and complete them within two years. must be started within one year

  • An existing nonconforming principal structure located at least 35 feet from the ordinary high-water mark may be expanded laterally within the setback only up to 200 square feet over the life of the structure, without moving closer to the water, and only with an approved mitigation plan. limited to a maximum of 200 square feet

  • A shoreland permit expires two years after issuance, requiring work to proceed within that period or a new authorization to be obtained. Shoreland permits shall expire two years

  • Shoreland permit fees are imposed as established in the annual county budget, creating an additional permitting cost for covered data-center construction, expansion, or development. Fees

Benefits & exceptionsHide benefits & exceptions14
  • Treated impervious surfaces are excluded from impervious-surface calculations when runoff is managed through approved systems such as stormwater ponds, constructed wetlands, infiltration basins, rain gardens, or bioswales, or is retained and infiltrated on a pervious area.

  • Roadways and sidewalks are excluded from impervious-surface calculations, which can reduce the calculated impervious coverage of a development site.

  • Impervious surface may exceed the ordinary 15% limit up to 30% if the parcel does not exceed the applicable maximum and the development includes an approved mitigation plan.

  • Highly developed shorelines may allow higher impervious-surface percentages, subject to the ordinance’s eligibility criteria and Department-approved mapping. The maximums may reach 40% for residential uses and 60% for commercial, industrial, or business uses with mitigation.

  • Lawfully existing impervious surfaces may be maintained and repaired, replaced within the existing building envelope, or relocated or modified without increasing the impervious-surface percentage that existed when the ordinance took effect, provided applicable setbacks are met.

  • A new principal structure may receive a reduced shoreland setback, using one- or two-sided averaging when the specified neighboring-structure conditions are satisfied. The reduced setback cannot be less than 35 feet.

  • Certain utility transmission and distribution facilities are exempt from the shoreland setback, when no feasible alternative location exists outside the setback and best management practices are used to control stormwater runoff.

  • Certain public-utility facilities are deemed to satisfy the ordinance, if the Department has issued required permits or approvals, or if no Department permit is required and construction or maintenance uses best management practices to infiltrate or otherwise control stormwater runoff.

  • Lawfully nonconforming structures may be maintained, repaired, replaced, restored, rebuilt, or remodeled without expanding their footprint, and may be vertically expanded unless the expansion would extend more than 35 feet above grade.

  • A nonconforming principal structure may expand laterally within the setback by up to 200 square feet, if it is at least 35 feet from the ordinary high-water mark, the expansion is not closer to the water than the existing structure, and an approved mitigation plan is implemented.

  • A nonconforming principal structure may be expanded beyond the setback, if the expanded area itself complies with the required setback and all other ordinance requirements are met.

  • No enforcement action may commence against a violating structure that has been in place for more than 10 years, and the structure may be maintained, repaired, replaced, restored, rebuilt, or remodeled without expanding its footprint. Vertical and lateral expansions are not allowed under this provision.

  • The Board of Adjustment may grant variances from dimensional standards, but only when literal enforcement creates unnecessary hardship caused by property-specific special conditions, the variance is not contrary to the public interest, and it provides the minimum necessary relief.

  • A critical-slope setback may be addressed through a geotechnical study, allowing a structure within the 20-foot critical-slope setback if it is built according to the study’s recommendations and a professional certificate of compliance is submitted after construction.

Sources

Specific to Brown County only.

failed · County measure
Proposes a temporary pause on data centers in Brown County, including their ability to purchase land, obtain permits, or otherwise move forward, until state legislation enables appropriate regulations, monitoring, Department of Natural Resources enforcement, and protection of energy infrastructure from excessive demand.Brown County Planning, Development & Transportation Committee Communication: Proposed Temporary Pause on Data Centers (2026)

What this means

The proposal would pause land purchases, permits, and steps toward new data centers until state rules were in place, but it does not call for shutting down existing facilities. Its practical effect would likely be limited because the committee said the county has no authority to dictate local zoning laws.

People behind it

  • Submitted the communication requesting a Brown County moratorium on data centers.

Restrictions & requirementsHide restrictions & requirements1
  • Supervisor Welch proposed a temporary moratorium pausing data centers’ ability to purchase land, obtain permits, or take any further steps until state regulations and oversight could be established and enforced. The proposal said the pause would expire when proper regulations, monitoring, DNR enforcement, and energy-infrastructure oversight could be enacted and enforced through state legislation. The committee unanimously declined to consider the countywide moratorium, so the sources do not show this as an adopted restriction. Proposal · Committee declined to consider it

Sources

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