Legal rights and responsibilities for land use and conservation

Law is complicated. Whether it’s a rule or a responsibility that you are trying to figure out, here are some steps to take as you learn more about how you can use your land.

Whatever your concerns about legal matters, connect with resources and support to:

• Understand and comply with local, state, and federal regulations.
• Access legal resources and support for land stewardship issues.
• Navigate property rights and land use planning effectively.
• Protect your land through conservation easements and other legal tools.
• Stay informed about changes around laws and policies.

Discover what rules apply to your land

The laws about land use can be confusing because state, county, and municipal governments have different types of regulation. Most land use regulation is administered by local county and municipal (town, village, or city) governments. County governments maintain land records, county codes, comprehensive plans, farmland preservation plans, and land and water conservation plans. Ordinances such as zoning, local shoreland zoning, floodplain zoning, septic, and nonmetallic mining are local laws that you can usually find on county or municipal webpages, though it may be faster to call or email to find what you want to know. While some towns regulate land use through zoning, strict building and driveway requirements, and ordinances on dumping trash, installing wells, fencing, and other land uses, other towns exercise little control over land use. Even if local governments do not have zoning, state building and fencing codes, shoreland and floodplain zoning, and wetland laws still apply.

Use the law to conserve your property 

You can protect your property from future development through a donation of land or a conservation easement to a conservation organization. A conservation easement is a voluntary agreement between a landowner and a private land trust or government agency that protects your land in perpetuity by restricting uses that would impair the property’s conservation, timber, or farmland values. A gift of land or conservation easement may qualify you and your heirs for lower taxes. Search for a land trust in your area or learn more about donating land to the Wisconsin Department of Natural Resources.

Protect your property from odors, pollution, noxious weeds, and other nuisances

Wisconsin has strong “right to farm” and right to log laws that limit the ability of landowners to pursue nuisance violations against neighbors. Sometimes, landowners in rural areas are surprised about the smells, sounds, dust, and traffic from agricultural operations. At the same time, landowners are asked not to create nuisances for their neighbors. The state also has laws requiring control of noxious weeds that landowners may not expect.

Get a legal survey to confirm property boundaries

If you plan to buy, sell or transfer a property, or put in new buildings or fences, you should get a licensed surveyor to map the property. Though a survey does cost money, it can prevent expensive problems and disputes later on. Knowing the laws can help, such as the Property Line and Fence Laws in Wisconsin. 

Plan & Act

Make a plan with your family for the future of your land. Your Land Your Legacy is an online family succession planning class offered by Extension. Consulting an attorney can be an important part of protecting your land and property rights. 
When making a plan about your property several documents may need to be prepared, each serving a specific purpose ensuring your wishes for your estate are taken care of. Knowing about estate planning documents can help you choose what is best for your family. Creating legal documents like a will and power of attorney ensures your family understands your wishes for your assets and minimizes confusion and potential conflict during a difficult time.

Understand your property taxes

Depending on how you manage your property, you may be eligible for a break on your property tax. For example, active farmland is taxed based on its use value rather than its potential sale value. Farms can also qualify for sales tax exemptions for certain farm expenses. For more information on agricultural property tax classifications see the Department of Revenue’s Agricultural Assessment Guide. Developing certain kinds of long-term forest management plans can also qualify woodland property for property tax reductions. Farmland preservation can also qualify landowners for income tax credits.

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