How Ashwaubenon Handles Fence Regulations: A Practical Guide

Ashwaubenon maintains 112 local ordinances across all categories, and 3 of those deal specifically with fence regulations. Here is a breakdown of what the city actually requires, what is prohibited, and where Ashwaubenon falls on the strict-to-permissive spectrum compared to other cities.

Fence Permit Requirements

No fence may be built anywhere in Ashwaubenon without first securing a building permit from the building inspector. The application must include a sketch, design or other descriptive material showing the proposed fence complies with the Village's fence article before a permit can be issued.

Key details: Governing section: Ashwaubenon Municipal Code § 5-8-764(F). Permit required: For any fence built in the Village. Application must include: Sketch/design showing compliance. Issuing office: Village building inspector. First-offense penalty: $1 to $5,000 forfeiture plus costs.

Building a fence without first obtaining the required permit, or without submitting a sketch or design showing compliance, is a violation of Chapter 5 subject to the Village's General Penalty, Municipal Code Sec. 1-1-13: a first offense forfeits not less than $1.00 nor more than $5,000.00 plus costs of prosecution, with up to 90 days in jail in default of payment, and a second offense of the same provision within one year carries the same forfeiture range with up to six months in jail in default. Sec. 5-8-765 additionally requires any nonconforming fence that is later altered, enlarged or replaced to be brought fully into compliance with the article, which in practice requires a new permit review.

Height Limits

Residential fences in Ashwaubenon top out at six feet on the rear and side lot lines, dropping to three feet within the front building setback and on corner-lot setbacks. Commercial and industrial fences may run ten feet, with an eight-foot cap where commercial abuts residential land.

Key details: Governing section: Ashwaubenon Municipal Code § 5-8-758. Residential rear/side max: 6 feet. Residential front setback max: 3 feet. Commercial/industrial max: 10 feet (3 feet in sight triangles). Commercial-residential buffer max: 8 feet.

A fence built above these height limits, or a nonconforming fence altered without being brought fully into compliance under Sec. 5-8-765, is a violation of Chapter 5 subject to the Village's General Penalty, Municipal Code Sec. 1-1-13: a first offense forfeits not less than $1.00 nor more than $5,000.00 plus costs of prosecution, with up to 90 days in jail in default of payment, and a second offense within a year carries the same range with up to six months in jail in default. The Village Forester also has separate authority under Sec. 5-8-761(D) to order vision-triangle obstructions trimmed or removed, billing the owner's costs as a special tax lien if the owner fails to comply within ten days.

Material Restrictions

The Village of Ashwaubenon bans barbed wire and electrically charged fencing everywhere except on parcels larger than ten acres that are actively farmed. Section 5-8-766(B) also lets seven-foot security fences in the heavy industry and industrial park districts carry strands of barbed wire on top. Sharp or pointed pickets are barred outright under the same section.

Key details: Governing section: § 5-8-766, Prohibited Fences. General rule: Barbed wire/electric fences banned village-wide. Farm exception: Parcels over 10 acres, actively farmed. Industrial exception: 7-ft security fence, barbed wire on top only. Also banned: Sharp or pointed pickets, any material.

A violation of Section 5-8-766 is enforced under the Chapter 1 general penalty that applies Village-wide. A first offense draws a forfeiture of not less than $1.00 nor more than $5,000.00 plus costs of prosecution, with jail time of up to 90 days in default of payment. Each day a noncompliant fence remains standing is a separate offense, and a second conviction within one year under the same section raises the exposure further under Section 1-1-13(A)(2).

This is not one of those rules that cities tend to ignore. Ashwaubenon actively enforces its material restrictions requirements.

The Bottom Line

Ashwaubenon's fence regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Ashwaubenon is broadly strict or permissive.

This guide is based on Ashwaubenon's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.