Dunn County board approves conditional use to allow up to 1.5 acres for Rue family home in primary agricultural zone

Dunn County approved a conditional use permit on a vote of the Board of Adjustment to allow Mark and Jareta Rue to designate up to 1.5 acres for non-farm residential use within a primary agricultural district parcel.

The approval, made during the board's June meeting, allows the Rues to site a home and associated residential uses on the six-acre parcel they purchased, subject to conditions that include submission of a map of survey, recording a zoning affidavit with the Register of Deeds, and a two-year deadline to record the decision document.

The issue arose after staff said the 6-acre parcel at N 13418660 Fifth Street in Ridgeland is part of a larger base farm tract subject to Wisconsin farmland preservation rules. Tammy, zoning staff, told the board the parcel is zoned Primary Agricultural and that under state farmland-preservation rules and Dunn County’s farmland preservation plan, non-farm residential uses require a conditional use designation. "The parcel is 6 acres in size and is currently zoned primary ag agriculture," Tammy said, summarizing the staff report. She said the base farm tract keeper had agreed to release one acre for non-farm use but that the board could allow up to 1.5 acres contingent on additional approval by the base farm tract owner.

Applicant Mark Rue, who said he bought the property from family members, told the board he had assumed he could build and was surprised by the paperwork required. “We just wanna build on it,” Rue told the board, explaining constraints posed by steep slopes and poor soils and raising concerns about whether a mound septic system could be sited entirely inside the designated non-farm acre.

Neighbor Doug Shipley spoke in favor of the request and described a long family history on the land, saying, "I've been on this place for 71 years in November." Shipley said the family had expected building a house for relatives would be allowable and described prior preservation contracts on portions of the original farm.

Board members discussed technical details including the map of survey process, how the non-farm area is defined for zoning (a map of survey rather than a certified survey), and whether driveways or shared farm access should be included in the non-farm designation. Tammy recommended excluding the shared field driveway from the non-farm area so the flag-handle access would remain agricultural. The board extended the staff’s recommended timeframe, setting a two-year limit for recording the affidavit and decision document before the conditional use would become null and void.

The permit includes eight formal conditions drafted by staff. Key conditions require: (1) the owner to abide by representations made at the hearing and in the application; (2) submission of a map of survey clearly depicting up to 1.5 acres as approved by the base farm tract owner for non-farm residential use (the map is for zoning reference and not a recorded conveyance unless prepared and approved under land-division rules); (3) no land divisions without separate review; (4) recording a zoning affidavit referencing the board decision prior to commencing non-farm residential activity; (5) failure to record within two years will render the permit null and void; (6) the approval runs with the land; and (7) major changes to use or structures must be reviewed by the zoning administrator and may require a public hearing. Tammy told the applicant the affidavit will be drafted by the zoning office and must be notarized and recorded with a Register of Deeds recording fee.

The board made the conditional-use approval contingent on the map of survey and the base farm tract owner’s permission for any acreage above the one acre previously granted. Tammy explained the map-of-survey procedure is intended to identify the area for zoning reference, not necessarily to create a new conveyable parcel, and the applicant may pursue additional acreage from the base farm tract owner later if needed.

The decision closes the current public-hearing record but leaves open administrative steps the Rues must complete before construction: finalize a site-specific septic design and a recorded affidavit and to work with zoning staff on the map of survey.

The board also noted that approval does not exempt the property from other local, state or federal approvals that may be required for a private well, an onsite wastewater system, building permits or other permits required for construction.