Burlington's Fence Regulations: The Rules That Matter

Every city handles fence regulations a little differently. In Burlington, Wisconsin, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Height Limits

Burlington caps front-yard fences at four feet if they are at least 80% open, or three feet if more solid, while side and rear yard fences can rise to six feet under Zoning Code § 315-51C. Historic district fences need Historic Preservation Commission approval regardless of height.

Key details: Front yard, 80%+ open: 4 feet max. Front yard, less open: 3 feet max. Side/rear yard: 6 feet max. Street setback: 3 feet from right-of-way. Historic district: Needs certificate of appropriateness.

A fence built taller than the § 315-51C height limits for its yard, or placed inside the required vision clearance triangle under § 315-51C(2)(a), is a zoning violation enforced under § 315-136A: forfeiture of $10 to $200 plus prosecution costs per offense, with each day the fence remains noncompliant treated as a new violation. Nonconforming fences existing before the section's effective date may stay, but altering more than 50% of one brings the entire fence into compliance under § 315-51C(4).

Material Restrictions

Burlington bans fences that conduct electricity, are designed to shock, use barbed wire, or contain any part meant to harm a person, under Zoning Code § 315-51C(2)(b). Barbed wire is allowed only atop industrial-district fences at least 10 feet up, and invisible pet fences are exempt from the ban.

Key details: Electric/shock fences: Banned citywide. Barbed wire (residential): Banned. Barbed wire (industrial): Allowed only 10+ ft up, facing inward. Invisible pet fences: Exempt, 3-ft setback required. Decorative side: Must face adjoining property.

Installing a barbed-wire, electrified, or shock-designed fence outside the narrow industrial-district exception, or building one from unsightly or dangerous materials, violates § 315-51C(2) and is enforced under § 315-136A as a zoning violation: a forfeiture of $10 to $200 plus prosecution costs for each offense, with every day the prohibited fence remains up counted as a separate violation.

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

Fence Permit Requirements

Anyone building a fence in Burlington must first get a fence permit from the Building Inspector, with a fee set by the City Council, under Zoning Code § 315-51A. The application must include a plat of survey, fence design details, and site drawings.

Key details: Permitting authority: Building Inspector. Fee: Set by City Council. Application needs: Plat of survey, fence design. Appeal path: Zoning Board of Appeals. Permit-free exceptions: Invisible pet fences, temporary fences.

Constructing a fence in Burlington without first obtaining a permit from the Building Inspector under § 315-51A is a zoning violation enforced under § 315-136A, carrying a forfeiture of not less than $10 nor more than $200 plus prosecution costs per offense, with each day the unpermitted fence remains standing counted as a separate offense and possible county jail time of up to 30 days for nonpayment.

Retaining Walls

Burlington's Property Maintenance Code requires every retaining wall in the City to be structurally sound and bars any wall from repeatedly spilling mud, gravel or debris onto a sidewalk, street, alley or neighboring property. The rule sits alongside the fence-maintenance standard in the same subsection of Chapter 181.

Key details: Governing section: § 181-4F(2), Property Maintenance Code. Standard required: Structurally sound retaining wall. Prohibited condition: Repeated spillage of mud or gravel. Enforcing official: Building Inspector or code enforcement agency. First-offense forfeiture: $5 to $500.

A retaining wall that is unsound or that repeatedly spills debris onto a public way is enforced the same way as any other Property Maintenance Code violation: a general penalty forfeiture of $5 to $500 for a first offense, $10 to $1,000 for a repeat offense within a year, plus costs, and up to 90 days in jail if unpaid. Reinspection fees of $75, then $100, apply once the City verifies continued noncompliance.

Burlington is more permissive than most cities when it comes to retaining walls. That said, there are still limits.

The Bottom Line

Burlington'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 Burlington is broadly strict or permissive.

All of the above reflects Burlington's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.