Wisconsin, Kenosha County Remodeler Permit Regulations and County Ordinances for Unincorporated Areas

Kenosha County Building & Safety Division

Kenosha County's permitting authority is divided, with some municipalities retaining local permit functions while the county handles others. For unincorporated areas, the Kenosha County Division of Planning and Development is the primary authority for zoning, sanitary, shoreland, and floodplain permits. Building permits are directly handled by the county in Brighton, Paris, and Salem Lakes, and for certain county-routed cases. For other unincorporated areas, local building departments may be responsible. It is crucial to confirm the specific municipality's routing and permit authority using the county's routing chart. The Division of Planning and Development is located at 19600 75th Street, Suite 185-3, Bristol, WI 53104-9772, and can be reached at (262) 857-1895.

Rules for Properties in Unincorporated Areas

In unincorporated areas of Kenosha County, a zoning permit is generally required for any structure or part thereof that is erected, moved, reconstructed, extended, enlarged, converted, or structurally altered. This includes principal structures (like single-family homes) and accessory structures over 150 square feet (such as detached garages).

Permit requirements can vary based on the specific municipality within the unincorporated area. It is essential to consult the Kenosha County routing chart to determine the correct permitting authority for your project. The county handles zoning and sanitary permits countywide, but building permits are handled differently depending on the municipality.

Specific Permit Triggers for Demolition Work During a Remodel

Demolition work during a remodel may trigger the need for a demolition permit. Generally, a permit is required for the demolition of a primary structure or any accessory structure with utility systems, mechanical systems, hazardous materials, or a basement foundation.

Partial demolition involving the removal of structural elements (like walls, roof sections, or floors) typically requires a building permit, and structural plans may be necessary to show how the remaining structure will be supported.

For structures built before 1978, an asbestos survey is usually required before demolition can begin. Utility disconnections (water, electric, gas, sewer) are also a prerequisite for obtaining a demolition permit.

If demolition will result in significant soil disturbance (2,000 sq ft or more) or the placement of a large volume of fill (200 cubic yards or more), an erosion and sediment control permit may also be required.

Permit Requirements for Altering or Converting Non-Living Spaces

Converting non-living spaces such as garages, attics, or unfinished basements into habitable living areas generally requires a building permit. Depending on the scope of work, additional electrical, plumbing, or mechanical permits may also be necessary.

Before undertaking such a conversion, it is recommended to meet with Kenosha County development staff to discuss zoning and building requirements. Existing conditions like ceiling heights, windows, stairs, and insulation must meet current building code standards for finished living spaces.

Specific considerations for garage conversions include ensuring adequate on-site parking is provided, as parking in the driveway alone may not suffice. If a detached garage is being converted, it must meet setback requirements, and if it's close to a property line, a fire wall may be needed.

For any converted living space, there are minimum floor area requirements (at least 70 sq ft), ceiling height standards (at least 6'8" in basements), and egress requirements (e.g., egress windows or exterior doors) that must be met.

Resources to Learn More

Note: The following state-wide building codes and regulations apply universally to all jurisdictions within Wisconsin, including Kenosha County.

Wisconsin Remodeler Legislation, Codes, and Guidelines

Wisconsin State Building Codes and Legislation for Remodelers and Residential Renovations

Wisconsin's building codes for remodelers and residential renovations are primarily governed by the Department of Safety and Professional Services (DSPS). The state adopts and modifies model codes from the International Code Council (ICC) to create its own administrative codes.

1. Specific State Statutes and Codes Adopted

For one- and two-family dwellings, the Uniform Dwelling Code (UDC), found in Wisconsin Administrative Code chapters SPS 320-325, applies. This code sets minimum standards for fire safety, structural strength, energy conservation, and general health and safety. The UDC is based on model codes but includes Wisconsin-specific adjustments.
For commercial and multi-family residential buildings, Wisconsin is transitioning to the 2021 International Building Code (IBC) standards, with additional state-specific adjustments. This updated code will take effect on September 1, 2025, and will be found in Wisconsin Administrative Code chapters SPS 361-366. Previously, the state used the 2015 editions of the model codes.
The International Existing Building Code (IEBC) is adopted and modified within Chapter SPS 366 of the Wisconsin Administrative Code, which covers the repair, alteration, change of occupancy, addition, or relocation of existing buildings.

2. Primary State Board or Agencies

The Department of Safety and Professional Services (DSPS) is the primary state agency responsible for setting and enforcing building codes and standards in Wisconsin.
Local municipalities also play a role in enforcing the UDC and may have their own specific permit requirements.

3. Classification of Remodels and Demolition Guidelines

Cosmetic vs. Structural Alterations: The UDC covers alterations to one- and two-family dwellings. While inspectors focus on code compliance, "cosmetic or non-code workmanship items will not normally be ordered corrected." However, deviations from approved plans may require revised submittals. The Wisconsin Home Improvement Practices Act (HIPA), found in Chapter ATCP 110 of the Administrative Code, defines "home improvement" broadly to include remodeling, altering, repairing, painting, or modernizing residential property, including additions. The definition of "remodel" in Wis. Stat. § 101.148 specifically means to alter or reconstruct a dwelling, and does not include maintenance or repair work.
When Demolition Guidelines Apply: Demolition activities require a demolition permit, which ensures compliance with local building codes and zoning laws. Specific requirements may include asbestos inspections for buildings constructed before the 1980s, utility clearances, and environmental inspections. In some municipalities, like Milwaukee, there are specific deconstruction ordinances for older structures to maximize salvageable materials. For demolition permits, all utility connections must be sealed and plugged, and a permit for boarding is not required if a demolition permit is obtained.

Resources to Learn More

Select a City in Kenosha County

If your project is located within incorporated city limits, you will likely need to follow municipal ordinances rather than county rules. Select your city below to view local regulations.

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