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Municipal Regulation of Solar Energy Systems WI Statute §66.0401

July 14, 2026

MUNICIPAL REGULATION OF SOLAR ENERGY SYSTEMS

               Wisconsin has enacted statutes that protect solar development and limit municipal oversight. Wisconsin Statute §66.0401 explicitly limits the authority of municipalities to regulate solar energy systems. Under Wis. Stat. §66.0401(1m), municipalities may not place any restriction on the installation or use of solar energy systems unless the restriction satisfies one of the following conditions:

• Serves to preserve or protect the public health or safety;
• Does not significantly increase system cost or decrease efficiency; or
• Allows for an alternative system of comparable costs and efficiency.

This statute is not superseded by municipal zoning or conditional use powers. The three conditions listed above constitute the only standards that municipalities may consider when regulating solar projects. In the absence of enforceable municipal restrictions, a developer may construct a solar energy system even without prior municipal approval.¹ Moreover, the courts have upheld these statutes, barring municipalities from making restrictions contrary to the state’s expressed policy.² 

     ¹ See State ex rel. Numrich v. City of Mequon Board of Zoning Appeals, 2001 WI App 88, 242 Wis. 2d 677, 626 N.W. 2d 366, 00-1643.

     ² See Ecker Brothers v. Calumet County, 2009 WI App 112, 321 Wis. 2d 51, 772 N.W.2d 240.