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.
Chapter 275 (Zoning) is adopted under Wis. Stat. Sec. 62.23. Fence height is measured from the average grade of the ground beneath the fence. Residential standards: front yard fences may not be located closer to the street than the base setback line and may not exceed 50 inches; vision clearance triangle fences may not exceed 36 inches above mean street grade; side and rear yard fences may not exceed 74 inches. Nonresidential fences may not exceed 98 inches. Maintenance-free materials (cedar, chain-link, wrought iron, aluminum, PVC/recycled materials, removable fencing, pressure-treated wood, and others approved by the Director) may be located on the lot line; non-maintenance-free fences must be set back at least 2 feet from the property line. Common-lot-line fencing with a finished side facing both properties, maintained by both owners under a prior agreement, is allowed with a survey. Fences must be located outside public easement areas unless Plan Commission approval is granted, and may not block or impact existing drainage patterns; grade changes must follow Sec. 275-55. Structural and support components must face away from adjacent properties. Fences must be constructed straight and plumb (split-rail and similar fences require Plan Commission review). Nonresidential district fences must also adhere to Sec. 275-59. Fences must be maintained in good repair; signs, displays, and storage of materials between the fence and lot line are prohibited. Snow fences are exempt if installed no earlier than November 1 and removed no later than April 1. Windscreens are allowed seasonally in Institutional and Park districts. Wisconsin's partition-fence statutes (Wis. Stat. Chapter 90) also apply to shared boundary fences.
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.
New Berlin, WI
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