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Waupaca council holds first reading to ease permitting for small garden sheds; council seeks clearer language

City of Waupaca Common Council · June 3, 2026
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Summary

Council held the first reading of an ordinance to allow small accessory sheds (under 150 sq ft) to be waived from a full building permit if they meet setback, anchoring and materials requirements; council members asked staff to clarify when a permit remains required and will vote again June 16.

The Waupaca Common Council took the first reading on an amendment to the city’s building and zoning codes to simplify permitting for small accessory structures commonly called garden sheds.

Justin Behrens summarized the proposal as allowing structures under 150 square feet to have the building-permit requirement waived by the building inspector if they meet conditions such as weather-resistant materials, anchoring, and compliance with setback and height rules. "So small, accessory structures that are under a 150 square foot... if they're under that, no, the permit can be waived by the building inspector," Behrens said during the hearing.

Council member Paul Hagen pressed staff for clarity, asking why a waiver matters if owners still must meet setback and site-plan requirements. Hagen asked whether the draft still requires permits for those elements and said the language could be confusing. Staff replied the waiver is intended to speed approval for simple prefabricated sheds while preserving full permit and review when setbacks, height, plumbing, electrical or other complications apply. Mayor Brian Smith said staff will revise the language and may consult the state attorney or building inspector before the item returns for final action.

Context: this was a first reading; if the council makes only minor changes it could move to final adoption at the next meeting (June 16); substantive changes would return the measure for another first reading.

What’s next: staff will clarify the draft language on when a building permit is required versus when a waiver applies and return the ordinance for second reading and a vote.