Winnebago County, WI regulates fences in unincorporated areas under Chapter 23, Section 23.8-456 of the County Code (Town/County Zoning). In residential and mixed-use zoning districts, fences in the street yard are limited to 4 feet (within 30 feet of the road right-of-way) and 6 feet in side or rear yards; commercial and industrial districts allow up to 10 feet. Fences may sit on the property line but must be at least 2 feet from any road right-of-way and 75 feet from the ordinary high water mark of any navigable water (including Lake Winnebago). A zoning permit is required, with limited exceptions for sections under 8 feet long.
Chapter 23 (Town/County Zoning) of the Winnebago County General Code, Section 23.8-456, governs fence height, location, and permitting in towns under county zoning. Maximum heights vary by zoning district: in residential and mixed-use districts, the street yard limit is 4 feet within 30 feet of the road right-of-way (with 6 feet allowed thereafter for the side/rear portion of the front yard); side and rear yards in residential and mixed-use districts allow up to 6 feet. In commercial and industrial districts, fences may reach 10 feet in any yard. Vertical supports may not extend more than 24 inches above the highest point of the fence, and the fence width itself may not exceed 14 inches (vertical supports up to 24 inches). All non-decorative posts, horizontal supports, and cross-members must be oriented inward to the lot. Fences in a street yard setback may not exceed 50 percent opacity (e.g., chain link); other fences may be solid. Location rules require the fence to sit at least 2 feet from any road right-of-way and at least 75 feet from the ordinary high water mark of a navigable body of water; fences within a drainage easement must not restrict storm-water flow. A zoning permit is required for fence construction; the site plan must include location, dimensions, and height(s). A permit is generally not required for two 8-foot or shorter sections. Special standards apply to fencing around swimming pools and sport courts, around horse enclosures, on slopes, and on properties abutting different zoning districts. Wisconsin's general fence statute (Wis. Stat. ch. 90) governs partition fences between agricultural neighbors and is administered by town fence viewers.
Fences exceeding the Section 23.8-456 height limits, sitting too close to a road right-of-way (within 2 feet) or to the ordinary high water mark (within 75 feet), or built without a required zoning permit can be cited as zoning violations. The Winnebago County Zoning Department may issue a notice of violation directing the owner to lower, relocate, or remove the non-conforming fence, or to apply for a variance through the Board of Adjustment. Continuing violations can be enforced through forfeitures under Section 25.04 of the Code plus the cost of compliance.
See how Winnebago County's height limits rules stack up against other locations.
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