The City of Brookfield has unusually restrictive fence rules under Chapter 17 (Zoning) of the Municipal Code. Privacy fences are generally prohibited around the perimeter of a yard. Only a decorative fence that is at least 50% open and 4 feet or less in height (picket, wrought iron, or split rail) may enclose a yard. A solid privacy fence is allowed only as a 20-foot maximum length, 6-foot maximum height segment adjacent to a patio in the rear yard. Chain link fencing is permitted only for a small pet enclosure (max 100 sq ft, 6 ft high, in rear yard, 20 ft from lot line) or a children's activity enclosure (max 500 sq ft, 6 ft high). A fence permit is required (currently $80, plus a $50 minor plan review fee).
Chapter 17 of the Brookfield Municipal Code is the city's Zoning Code, adopted under the authority of Wis. Stat. Sec. 62.23. Brookfield's Inspection Services Department administers fence permits and enforces these rules. A permit is required for every fence except a decorative fence that is more than 50% open and less than 4 feet in height. To enclose a yard, the fence must be a decorative type at least 50% open and no taller than 4 feet — examples explicitly listed are picket, wrought iron, and split rail. A decorative fence may be placed up to the lot line, but the homeowner is responsible for confirming the line (a survey may be needed) and the lot corners must be staked and a reference line maintained during construction and final inspection. Privacy fencing around the yard is not allowed; the only solid privacy fence permitted on a residential lot is a 20 ft maximum length, 6 ft maximum height segment placed adjacent to a patio in the rear yard. Residential properties that abut commercial properties should contact Inspection Services for clarification. Chain link is restricted to two specific accessory uses: a single pet enclosure of no more than 100 square feet, maximum 6 ft high, located in the rear yard at least 20 ft from the lot line; or a children's activity enclosure of no more than 500 square feet, maximum 6 ft in height. Fences at swimming pools and tennis courts are governed by separate pool and tennis court provisions of Chapter 17. Permit applications are submitted through the city's online permitting system and require a photo or drawing of a typical fence panel and a current survey showing the fence location with distance to lot lines and structures. A final inspection is required to close out the permit. Wisconsin's partition fence statutes (Wis. Stat. Chapter 90) also apply to shared boundary fences between adjoining owners.
Installing a fence without the required permit, exceeding the 4-foot height for a perimeter decorative fence, building a privacy fence longer than 20 feet or taller than 6 feet, placing a privacy fence outside the rear yard or away from a patio, or using chain link outside of the narrow pet/children's enclosure exceptions can result in stop-work orders, citation, municipal forfeitures under Chapter 17, and an order to remove or modify the fence. Failure to call Diggers Hotline (811 / 800-242-8511) at least three days before excavation is a separate state-law violation. Unresolved violations are referred to Waukesha County Circuit Court.
Brookfield, WI
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