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New Berlin, WI Fence Regulations: Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Front yard (residential)
50 inches max
Side/rear yard (residential)
74 inches max
Nonresidential fences
98 inches max
Vision clearance triangle
3 feet max above street grade
Height measured from
Average grade beneath the fence
Governing section
Sec. 275-42 H(1)

Summary

New Berlin caps residential front-yard fences at 50 inches, side and rear fences at 74 inches, and nonresidential fences at 98 inches, all measured from average ground grade. A three-foot cap applies inside the vision clearance triangle on corner lots under Sec. 275-42 H(1).

H.Fences.(1)Height. Fence height shall be measured from the average grade of the ground beneath the fence.(a)Residential.[1]Front yard. No fence in the front yard shall be located closer to the street than the base setback line and shall not exceed 50 inches in height. No fence in the vision clearance triangle shall exceed three feet in height above mean street grade. On corner lots, the side facing the side street (or second street) shall also be considered a front yard.[2]Side and rear yards. Fences located in the side or rear yards shall not exceed 74 inches in height. On double frontage lots, the side facing the rear street shall be considered a rear yard.(b)Nonresidential. Fences shall not exceed 98 inches in height.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

Sec. ' In residential districts, a front-yard fence cannot be located closer to the street than the base setback line and cannot exceed 50 inches in height, while any fence inside the vision clearance triangle, the sightline area at intersections and driveways, is capped at three feet above mean street grade regardless of where it sits. On a corner lot, the side facing the second street is also treated as a front yard, so the 50-inch limit applies on both street-facing sides, not just the address side.

Side- and rear-yard fences in residential districts may reach 74 inches, and on a double-frontage lot the side facing the rear street counts as a rear yard for this purpose. Nonresidential properties get a higher ceiling: Sec. 275-42 H(1)(b) allows fences up to 98 inches, more than eight feet, without the front/side/rear distinction that applies to residential parcels. A fence taller than these limits is not automatically prohibited, however: Sec. 275-42 H(4) lets a resident apply for Department of Community Development review to build a front-yard fence between 50 and 74 inches, or Plan Commission review to exceed 74 inches anywhere on a residential lot.

Violations & Fines

A fence built taller than the applicable height limit without the required Department of Community Development or Plan Commission approval is a zoning violation under Sec. 275-67, subject to the enforcement powers in Sec. 275-68 including an order to remove or lower the structure. Sec. 1-18 sets the penalty at a $5 to $1,000 forfeiture plus costs for a first offense, with each day of noncompliance a separate offense.

Frequently Asked Questions

How tall can a front yard fence be in New Berlin?
50 inches. Sec. 275-42 H(1)(a)[1] caps residential front-yard fences at 50 inches and requires them to sit no closer to the street than the base setback line. A fence inside the vision clearance triangle at a corner or driveway is limited further, to three feet.
Can my backyard fence be taller than my front fence in New Berlin?
Yes. Sec. 275-42 H(1)(a)[2] allows residential side- and rear-yard fences up to 74 inches, well above the 50-inch front-yard limit, though a fence over 74 inches anywhere still needs Plan Commission review under Sec. 275-42 H(4).
Are commercial fences allowed to be taller than residential ones in New Berlin?
Yes. Sec. 275-42 H(1)(b) sets a nonresidential fence height limit of 98 inches, roughly eight feet two inches, well above the 50 to 74 inch limits that apply in residential districts.

Sources & Official References

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