What is a waiver of liability?

A waiver of liability of foundation survey is a legal document signed by the property owner that states they are waiving the requirement to immediately hire a professional surveyor to complete a foundation survey showing the built location of the structure on the property. The legal document states that the owner is aware of the zoning codes and is building the permitted structure according to those codes (size, height, setbacks etc...). The waiver of liability will act as a temporary lien and remain on the property title until such time that it is removed. Usually when a property owner sells their property is when the wavier will be required to be released. In order for a waiver of liability document to be valid it must be recorded with the Kenosha County Register of Deeds. A small recording fee is required (payable to the “Register of Deeds”).

NOTE: EFFECTIVE EARLY 2019, PROPERTY OWNERS IN THE UNINCORPORATED PARTS OF KENOSHA COUNTY ARE NO LONGER PERMITTED TO SIGN A WAIVER OF LIABILITY OF FOUNDATION SURVEY DOCUMENT.  AS A CONDITION OF THEIR ZONING PERMIT FOR NEW HOME CONSTRUCTION, RESIDENTIAL ADDITIONS, DETACHED ACCESSORY BUILDINGS, ETC. CODE WILL REQUIRE A PROFESSIONAL SURVEYOR BE HIRED TO UPDATE THE PLAT OF SURVEY OF THE PROPERTY TO VERIFY THE LOCATION AND SIZE OF THE PERMITTED STRUCTURE.  THIS REQUIREMENTS DOES NOT APPLY TO PERMITTED ACCESSORY USES THAT ARE NOT BUILDINGS, FOR INSTANCE POOLS, DECKS AND FENCES.  WHILE WAIVERS ARE NO LONGER ALLOWED, THIS QUESTION REMAINS ON THIS FAQ PAGE DUE TO THE NUMBER OF PREVIOUSLY SIGNED AND RECORDED WAIVERS THAT STILL ARE ON TITLE AGAINST PROPERTIES ACROSS THE COUNTY AND WILL ULTIMATELY NEED TO BE RELEASED.

NOTE: EFFECTIVE EARLY 2021, PROPERTY OWNERS IN THE VILLAGE OF SOMERS ARE NO LONGER PERMITTED TO SIGN A WAIVER OF LIABILITY OF FOUNDATION SURVEY DOCUMENT.  AS A CONDITION OF THEIR ZONING PERMIT FOR NEW HOME CONSTRUCTION, RESIDENTIAL ADDITIONS, DETACHED ACCESSORY BUILDINGS, ETC. CODE WILL REQUIRE A PROFESSIONAL SURVEYOR BE HIRED TO UPDATE THE PLAT OF SURVEY OF THE PROPERTY TO VERIFY THE LOCATION AND SIZE OF THE PERMITTED STRUCTURE.  THIS REQUIREMENTS DOES NOT APPLY TO PERMITTED ACCESSORY USES THAT ARE NOT BUILDINGS, FOR INSTANCE POOLS, DECKS AND FENCES.  WHILE WAIVERS ARE NO LONGER ALLOWED, THIS QUESTION REMAINS ON THIS FAQ PAGE DUE TO THE NUMBER OF PREVIOUSLY SIGNED AND RECORDED WAIVERS THAT STILL ARE ON TITLE AGAINST PROPERTIES ACROSS THE COUNTY AND WILL ULTIMATELY NEED TO BE RELEASED.

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1. What areas are in the County’s zoning jurisdiction?
2. How do I find out the zoning of my property?
3. How do I find out what zoning district my property is in?
4. What is a stakeout survey?
5. Why do I need a survey?
6. Why is a survey an important document?
7. Is there a survey of the property and how do I get a copy?
8. What is a foundation survey?
9. What is a foundation survey requirement?
10. What is a waiver of liability?
11. What is a waiver of liability requirement?
12. What is a release of waiver of liability document?
13. What is a variance?
14. How many animals/horses or livestock can I have on my property?
15. Can the Kenosha County Department of Planning and Development answer questions about my property if it lies within the City of Kenosha or a Village within Kenosha County?
16. What is a setback?
17. What are the setbacks on my property?
18. What is a setback distance requirement measured from?
19. What is a 100-year floodplain?
20. What is an ordinary high water mark (OHWM) elevation?
21. What is a wetland?
22. When is a zoning permit required?
23. What if I am only replacing what already exists?
24. Do I need a permit for a patio?
25. Do I need a zoning permit for a fence?
26. Do I need a zoning permit for a deck?
27. Do I need a zoning permit for a swimming pool, spa, jacuzzi or hot tub?
28. Is a fence required around my swimming pool?
29. Do I need a zoning permit for a sign?
30. Do I need a permit to cut/remove trees on my property?
31. What is the process for applying for a zoning permit?
32. How long does it take to obtain a zoning permit?
33. What is the cost of a zoning permit?
34. How long are zoning permits valid?
35. What happens if construction is not complete and the zoning permit is about to expire?
36. Will the building inspector check my setbacks?
37. Do I need an appointment to apply for a zoning permit?
38. Where can I obtain my tax key number?
39. Where can I find a legal description of my property?
40. Can I store unlicensed and/or inoperable vehicles on my property?
41. Do I need a permit to operate a home occupation from my residential property?
42. Is more than one dwelling unit allowed on a property?
43. Can I have an "in-law" unit on my property?
44. Can I place a mobile home or manufactured home on my property?
45. Is my property in the 100-year floodplain?
46. Does the County issue permits for piers and other structures placed on the bed of a body of water?
47. Can I have a boathouse on my property?
48. How many accessory buildings can I have on my property?
49. What size accessory structure can I have on my property?
50. I have a vacant piece of land. Can I place or construct an accessory building/structure without a residence on the site?
51. What if I have a substandard lot or structure?
52. What is required for a new home construction permit?
53. Do I need a zoning permit for new windows, new doors, new shingles, etc....?
54. What do I need to start a new business?