New Berlin's Fence Regulations: The Rules That Matter

Every city handles fence regulations a little differently. In New Berlin, Wisconsin, there are 2 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.

Neighbor Fence Rules

WI Stat. §90.02 to 90.14 provides line fence cost-sharing for rural/agricultural land. Urban residential fences: each owner responsible for their own.

Key details: Rural: Cost-sharing statute (§90.02). Urban: Each owner responsible. Disputes: Town supervisor (rural). Written Agreement: Recommended.

Civil dispute for cost-sharing in urban areas. Rural: town supervisor adjudication per §90.02. Property line encroachments: survey and civil remedy.

Height Limits

New Berlin Municipal Code Chapter 275 (Zoning) allows fences as accessory uses in all districts. Residential front yard fences are capped at 50 inches; side and rear yard fences at 74 inches. Fences in the vision clearance triangle may not exceed 3 feet (36 inches) above mean street grade. Nonresidential fences may not exceed 98 inches. On corner lots the side facing the second street is treated as a front yard; on double-frontage lots the side facing the rear street is treated as a rear yard. No permit is required when these limits are met; permits (DCD or Plan Commission review) are required to exceed them.

Key details: Residential Front Yard: 50 inches maximum. Residential Side/Rear Yard: 74 inches maximum. Vision Clearance Triangle: 36 inches above mean street grade. Nonresidential: 98 inches maximum. Corner Lot Second Street: Treated as front yard.

Building or maintaining a fence that exceeds Chapter 275 height limits, sits within a public easement without Plan Commission approval, blocks drainage, or has structural components facing the adjacent property may trigger an enforcement order from the Department of Community Development, Inspection Services Division (3805 S. Casper Drive). Front yard fences taller than 50 inches require DCD review and approval; residential fences taller than 74 inches require Plan Commission review and approval. Continued noncompliance is processed as a zoning violation through Waukesha County Circuit Court.

The Bottom Line

New Berlin'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 New Berlin is broadly strict or permissive.

Keep in mind that New Berlin can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.