Fences in the City of Neenah are regulated by the city Building Code under the authority delegated to Wisconsin cities by Wis. Stat. Sec. 62.23. The Community Development Department's Fences and Similar Structures handout (211 Walnut Street, Neenah, WI 54956) sets the operative dimensional standards: fences in side or rear yards may not exceed 6 feet, fences in the actual front yard or actual shore yard may not exceed 3 feet, and chain link fences open to vision 75% or more in the front yard may be increased to 4 feet. Side yard boundary fences up to 6 feet may extend forward up to but not further than the actual front or actual shore yard setback. A building permit and site plan are required from the Building Inspector before a fence is built, enlarged, or altered.
Under Wis. Stat. Sec. 62.23(7), Wisconsin cities have authority to regulate the height, location, and use of structures, including fences, through their zoning and building codes. Neenah exercises that authority and publishes the operative numbers in the Community Development Department handout titled Fences and Similar Structures. The handout treats fences, walls, and other similar structures anchored to the ground as permanent structures that can extend up to but not on or over the property line, and the property owner is responsible for verifying the location of the property lines. The four core height rules are: (1) any such structure placed in the side or rear yards may not exceed 6 feet in height; (2) any such structure placed in the actual front yard or actual shore yard may not exceed 3 feet in height; (3) chain link fences open to vision 75% or more may be increased to 4 feet in the front yard; and (4) on lots with double frontage the front-yard rule applies on both streets, except where one street is officially designated No Access. Side yard boundary fences up to 6 feet may extend forward up to but not further than the actual front or actual shore yard setback. Electrically charged or barbed wire fences are not allowed unless specifically permitted by the code. Prohibited materials include aluminum siding, vehicle parts, chicken wire, cloth or plastic tarps, scrap wood, and any other material not customarily sold for fencing or deemed inappropriate by the Director of Community Development. All fences and walls must be maintained in a structurally sound condition and free from loose or rotting materials. Corner-lot fence requirements are more complicated and must be obtained directly from the Inspection staff. Snow fencing is allowed as a temporary use without a building permit from October 15 through April 15. A site plan showing the entire lot, proposed fence location, height, and material must be submitted to the Building Inspector for approval before construction. Owners should also call Diggers Hotline at 800-242-8511 before any digging because of common 5- and 6-foot utility easements along side and rear lot lines. Wisconsin partition-fence law in Wis. Stat. Ch. 90 applies to legal-fence and shared-cost questions for rural and certain other parcels but does not override the city height rules.
Building, enlarging, or altering a fence without first obtaining a permit from the Neenah Building Inspector is a violation of the city Building Code. Typical enforcement under Wis. Stat. Sec. 62.23(8) and Sec. 66.0114 and the Neenah municipal-code penalty structure includes stop-work orders, orders to lower or remove an over-height fence, orders to remove prohibited materials such as barbed wire or chicken wire, citations, and daily forfeitures until the violation is corrected. Fences that encroach onto a neighboring lot or into the public right-of-way must be relocated at the owner's expense.
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