How Wauwatosa Handles Fence Regulations: A Practical Guide

Wauwatosa maintains 113 local ordinances across all categories, and 4 of those deal specifically with fence regulations. Here is a breakdown of what the city actually requires, what is prohibited, and where Wauwatosa falls on the strict-to-permissive spectrum compared to other cities.

Retaining Walls

Retaining walls that abut public property in Wauwatosa must stay structurally sound and can't dump mud, gravel or debris onto sidewalks, streets or alleys, per Municipal Code Section 15.32.030. A wall built on city land, in a right-of-way or an easement needs a Board of Public Works encroachment permit and fee under Section 12.42.020, unless the board waives it for extraordinary circumstances.

Key details: Governing section: Wauwatosa Municipal Code § 15.32.030. Maintenance duty: Structurally sound, no debris onto public ways. Right-of-way permit: Encroachment fee required, § 12.42.020. Appeal window: 15 days to Board of Public Works. Enforcement: Citation under § 15.32.070, Wis. Stat. Ch. 800.

A retaining wall found structurally unsound or channeling mud and debris onto a public way draws a correction order under Section 15.32.060; the owner has fifteen days to appeal to the Board of Public Works before the order becomes final. Continued noncompliance is enforced through Section 15.32.070's citation authority, referencing the general penalty provisions and Wisconsin Statutes Chapter 800, and the development director may have the repair done and bill the property owner.

Material Restrictions

Wauwatosa's fence code bans barbed wire, razor wire, electrically charged fencing and agricultural wire (except around plants and gardens) in every zoning district, along with wood or plastic snow fence, old doors, sheet metal, plywood and broken concrete. Chain-link fences are barred from front yards citywide, and the chief inspector must approve all fence materials.

Key details: Governing chapter: Wauwatosa Municipal Code Chapter 15.28, Fences. Banned materials: Barbed wire, razor wire, electric fencing, snow fence, sheet metal. Chain-link limit: Prohibited in front yards citywide. Material approval: Chief inspector must approve fence material type. Replacement threshold: Up to 50% of an old fence repairable without upgrade.

The chief inspector inspects every permitted fence installation for compliance with Section 15.28.010 and any conditions set by the design review board, board of public works or board of zoning appeals (Section 15.28.070). Violations carry the Chapter 15.34 general penalty: a forfeiture of $100 for a first offense, rising $50 for each later offense, and $1,000 per offense where the condition creates imminent danger to life or health (Section 15.34.080).

Height Limits

Wauwatosa caps fence height by yard location: rear and side yards not facing a street allow up to six feet without a permit, side yards not abutting a street cap at four and a half feet, and front-yard fences top out at three feet. Corner lots must also keep obstructions under three and a half feet in the intersection visibility area.

Key details: Rear/side yard, no street: Up to 6 ft, no permit needed. Side yard, no street: 4.5 ft or less, no permit needed. Front yard fence cap: 3 ft maximum, permit required. Yard abutting street: 4.5 ft with a permit. Alley/nonresidential lot line: Up to 6 ft with a permit.

Fences built above the applicable height without a permit, or that block the intersection visibility area, are subject to the design review board's or board of public works' review and Chapter 15.28's general-penalty enforcement under Chapter 15.34 (Section 15.28.070). The chief inspector may require a nonconforming fence to be lowered, relocated or removed before signing off on a permit.

Fence Permit Requirements

Wauwatosa requires a fence permit whenever a fence exceeds the exempt heights set in Section 15.28.020, including most front-yard fences and any fence over four and a half feet along an alley, nonresidential lot or multifamily property. Applicants file with the buildings and safety division, submit plans, and pay the city's fee schedule.

Key details: Permit-exempt cap: 6 ft in rear/side buildable yard, no permit. Front yard fence: Permit required, 3 ft maximum height. Application filed with: Buildings and safety division. Required with application: Drawings, sketches, survey or plot plan, fee. Design review: Front-yard fences reviewed by design review board.

Installing a fence that needs a permit without one exposes the owner to Chapter 15.34's general penalties, and the chief inspector must sign off on any permitted installation (Section 15.28.070). An owner denied a permit may appeal: the board of zoning appeals hears residential fence appeals, the board of public works hears nonresidential appeals, and the historic preservation commission hears appeals for designated historic sites (Section 15.28.060).

The Bottom Line

Wauwatosa'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 Wauwatosa is broadly strict or permissive.

All of the above reflects Wauwatosa'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.