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Regbase

The Data Center Divide

Waupaca County

Pro-Data Center Policies

Wisconsin offers certified data centers a sales-tax exemption on qualifying construction, equipment, operations, and electricity, provided they meet county-dependent investment minimums within five years. The source also describes the enacted law as a proposed measure, creating a conflict in its descriptions.

Rating and summary from Wisconsin statewide as there are no scored current or future laws outside temporary restrictions for Waupaca County.

Specific to Waupaca County only.

pending · Unincorporated areas within the towns of Bear Creek, Caledonia, Dayton, Farmington, Helvetia, Iola, Larrabee, Lebanon, Lind, Little Wolf, Matteson, Mukwa, Royalton, Scandinavia, St. Lawrence, Union, Waupaca, Weyauwega, and Wyoming; nonmetallic mining provisions may not apply where a municipality has its own applicable ordinance.
The Waupaca County Planning and Zoning Committee reportedly approved stronger zoning restrictions for data centers and added a definition of data centers during a September 2026 proceeding.Waupaca County Zoning Ordinance Amendment (Data Centers) (2026)

What this means

The ordinance does not target data centers, but a project would need to fit an allowed land-use category and could face permits, conditional-use review, and site-plan requirements. Because the ordinance says uses not listed as permitted or conditional are prohibited, classification could create added uncertainty and delay; it does not impose a specific data-center ban.

People behind it

  • County office responsible for administering planning and zoning matters and publishing the proposed 2026 amendments to Zoning Ordinance Chapter 34.

Restrictions & requirementsHide restrictions & requirements5
  • A land use permit is required for any structure that will be on a property for more than 30 calendar days in a year, subject to the stated exception that Dupont, Fremont, and Harrison issue their own permits for properties outside shoreland areas.

  • A shoreland permit is required for all structures located within shoreland areas in every township, including Dupont, Fremont, and Harrison.

  • Land divisions are reviewed for compliance with the Waupaca County Subdivision Ordinance.

  • A sanitary permit is required through Waupaca County for applicable sanitary systems.

  • Planning and Zoning Office fees increase effective January 1, 2026, and sanitary maintenance fees increase to $10 annually, appearing on the property tax bill.

Benefits & exceptionsHide benefits & exceptions10
  • The RI-G Rural Industrial-General and RI-I Rural Industrial-Intensive districts are established for rural industrial development in areas served by transportation systems, with buffering requirements for potentially conflicting uses. This provides zoning districts where a data center could potentially be located if classified as an allowed industrial use. Rural industrial development

  • Light industrial uses are permitted, subject to site-plan review, in the RI-G and RI-I districts. A data center that qualifies as light industrial because its operations are enclosed and do not create detectable nuisances at the property line could use this permitting pathway rather than seeking a conditional use. Light Industrial

  • The ordinance permits accessory buildings, structures, and uses in all zoning districts except that accessory structures in the Conservancy District may require a conditional use permit. This can accommodate qualifying accessory facilities associated with a data center, subject to compatibility, site-plan, setback, and other ordinance requirements. Accessory buildings, structures and uses are permitted

  • Certain infrastructure is exempt from highway, railroad, and lot-line setbacks, including air-conditioning units, outdoor fuel-dispensing equipment, driveways, ornamental light standards, and open accessory parking spaces. These exemptions can reduce siting constraints for related data-center equipment and parking, but do not apply where visual-clearance requirements control. Setback exemptions

  • Structures over 35 feet high may receive additional height flexibility: one additional foot of height may be added for each additional foot of lot-line setback. The rule still requires the structure to meet the applicable fall-zone or setback requirements, and amateur radio antennas are excepted from the height-based setback rule. One additional foot of extra height

  • Cooling towers, stacks, water towers, roof- and building-mounted solar panels, and mechanical appurtenances may exceed the ordinary district height limits. They must still comply with the applicable setback requirements. Exemptions

  • Overhead and underground essential-service facilities, including electric power, telecommunications, and sewer and water utilities, may be located within required setbacks. The exception excludes buildings, towers, and antennas and may require removal or relocation at the owner's expense for future highway improvements. Essential service facilities

  • Existing public-service and utility facilities may be improved, expanded, or replaced without a conditional-use permit, rezoning, or variance when the expansion remains within the existing parcel of record and does not extend a setback encroachment closer than the legally established existing encroachment. This can facilitate expansion of qualifying utility infrastructure serving a data center. Existing facilities may be improved, expanded, or replaced

  • A lawful nonconforming structure may be repaired, maintained, renovated, rebuilt, or remodeled within its existing building envelope. If damaged by specified causes, it may also be restored or reconstructed to its prior size, location, and use, subject to the stated permit and regulatory conditions. Repair, Maintenance, Renovation, Rebuilding or Remodeling

  • Small accessory solar energy systems with panel areas of 1,400 square feet or less are permitted in all zoning districts. Rooftop and building-mounted small solar systems are also exempt from the land-use-permit requirement, although applicable state law and other standards still apply. Rooftop and building mounted small solar energy systems

Sources

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