New Berlin, WI Fence Regulations: Neighbor Fence Rules (2026)

Sec. 275-42 H(2)(a) of the Zoning Code sets New Berlin's rule for fences placed on or near a shared property line. As a general matter, a fence built of a 'maintenance-free' material, a list that includes cedar, chain-link, wrought-iron, aluminum, PVC or other recycled materials, removable fencing, and pressure-treated wood, may be located directly on the lot line, subject to the Director of Community Development's approval of the material. A fence built of anything outside that maintenance-free list instead has to sit at least two feet back from the property line, so it cannot be placed lot-line-to-lot-line the way a maintenance-free fence can.

The section also addresses the specific case of a shared boundary fence built with a finished side facing both properties: that arrangement, described as 'common-lot-line fencing,' is allowed to sit on the line only where both owners have a prior agreement to maintain it and a survey establishes the boundary. Because New Berlin's ordinance does not otherwise assign maintenance responsibility for a boundary fence between neighbors who have not entered such an agreement, a resident who wants a shared fence with a finished face on both sides needs the neighbor's written cooperation and a survey before installing it on the line; absent that agreement, the fence has to be set back at least two feet if it is not built of a listed maintenance-free material.