Milwaukee County, WI Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Applies to
- Fences projecting into county right-of-way
- Process
- Plans + recordable agreement + permit
- Setback
- 6 inches from sidewalk minimum
- Issuing office
- Director of Public Works
Summary
Milwaukee County requires a permit and a recordable agreement with the director of public works before installing a fence that projects into a county public way, no closer than six inches from the sidewalk.
3.Retainment devices defined as a structural earth retainment facility or fence.(8)...The owner of a property under consideration for the employment of a fence or retainment device defined as a structural earth retainment facility shall submit plans to the director of public works for review, approval and preparation of a recordable agreement to be executed by the owner and the proper county official. The property owner shall subsequently submit plans and obtain permits from the director of public works for the installation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 112).
Full Breakdown
Under § 67.07(7)(a)3 and (8), a fence is a permissible encroachment into a Milwaukee County public way only with the director of public works' approval. The property owner must submit plans for review and execute a recordable agreement with the county before applying for the installation permit itself: a two-step process distinct from an ordinary building permit. This rule applies only to fences that project into or sit within the county right-of-way of a designated county arterial highway; fences on private property away from a county road are regulated by the municipality, not the county.
Violations & Fines
Installing an unpermitted fence in the public way exposes the owner to removal at the owner's expense under § 67.07(9) once the county issues written notice.
Frequently Asked Questions
Does Milwaukee County require a permit for a backyard fence?
What must I submit for this fence permit?
Sources & Official References
Other rules in Milwaukee County
Compare Milwaukee County to another location·View the Wisconsin fence regulations overview
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