New Berlin, WI Fence Regulations: Fence Permit Requirements (2026)

Sec. 275-42 H(4) of the Zoning Code sets New Berlin's fence permit thresholds, tying the requirement directly to the height standards in Sec. 275-42 H(1). The opening sentence states plainly that 'no permit is required for fences meeting the above criteria,' meaning a fence that stays within the ordinary limits, 50 inches in a residential front yard, 74 inches in a residential side or rear yard, or 98 inches on a nonresidential property, can be built without any City review. A permit becomes necessary only when a resident wants to exceed those baseline numbers in specific ways.

Under Sec. 275-42 H(4)(a), a residential fence in the front yard that is taller than 50 inches but not more than 74 inches requires Department of Community Development review and approval, provided every other fence requirement, including setback, material and vision-triangle rules, is still met. Under Sec. 275-42 H(4)(b), a residential fence anywhere on the lot that exceeds 74 inches in height instead requires Plan Commission review and approval, a higher bar than the administrative DCD sign-off available for the smaller front-yard increase. The ordinance does not set a separate permit pathway for nonresidential fences above 98 inches within Sec.

275-42 H(4), so a taller nonresidential fence would need to be addressed through the chapter's general variance or waiver procedures rather than this specific fence permit track.