Madison, WI Fence Regulations: Retaining Walls (2026)
Key Facts
- Scope
- City-owned/leased greenways, park land, Southwest Path
- Permit required
- Greenway Privilege under § 37.05(11)
- Wall types covered
- any size: gravity, poured concrete, mortared stone
- Default status without permit
- public nuisance, prohibited
- Approving official
- City Engineer
- Not covered
- retaining walls on ordinary private lots
Summary
Madison treats any retaining wall built on City-owned or leased greenways or park land as a public nuisance unless the owner first gets a Greenway Privilege from the City Engineer under Chapter 37. This rule is narrow: it governs greenway and park-land encroachments, not retaining walls on ordinary private lots.
(1)Greenways and Park Lands.(a)Public Nuisance. Except as provided for in this Subsection, the private use of City-owned or leased greenways and park lands including, but not limited to, fences, retaining walls, outbuilding sites, dog runs, play equipment and gardens, storage of piers, boat hoists, firewood or other private personal property, disposal or dumping of yard waste or garbage, planting or pruning of trees and shrubs, mowing of grass on park lands, or chemical treatment of grass on park lands or greenways, is a public nuisance and is prohibited unless approval to use City-owned or leased greenways is obtained pursuant to Subdivision (b) or the private use is pursuant to a valid permit issued under Sec. 8.10 or Sec. 8.33, MGO. ... e.Retaining Walls. Retaining walls of any size, regardless of type (gravity or walls including poured concrete or mortared stone/masonry), are only allowed with a valid Greenway Privilege issued under Sec. 37.05(11).
Full Breakdown
15(1)(a) declares that private use of City-owned or leased greenways and park lands, including fences, retaining walls, outbuilding sites, dog runs, play equipment, gardens, storage of piers or boat hoists, dumping yard waste, tree work and lawn chemical treatment, is a public nuisance and prohibited unless the owner obtains approval under the section's exceptions or a valid permit under Sec. 10 or Sec. 33, MGO. Subsection (1)(c), 'Permissible Use of Certain Greenways,' opens a narrow path within eligible greenways where the proposal, in the City Engineer's opinion, doesn't impede water flow or create a risk of flotation, and complies with any other City ordinance requirement and any limits the City Engineer imposes.
Even inside that path, retaining walls get the strictest treatment on the list: item (e) says retaining walls of any size, whether gravity walls or poured concrete or mortared stone/masonry, are only allowed with a valid Greenway Privilege issued under Sec. 05(11), the same permit gate applied to permanent fencing and constructed stairs in a greenway. A similar public-nuisance bar applies to retaining walls built in the Southwest Path corridor. This is a land-use control tied specifically to City-owned or leased greenway and park property; it does not set a general citywide height, permit or engineering standard for a retaining wall built entirely on private property away from a greenway.
Violations & Fines
A retaining wall built in a City-owned or leased greenway or park land without an approved Greenway Privilege is, by the text of § 8.15(1)(a), an unlawful public nuisance, exposing the property owner to the City's nuisance-abatement and enforcement authority over greenway encroachments.
Frequently Asked Questions
Do I need a permit for a retaining wall in Madison?
What kinds of retaining walls need a Greenway Privilege?
What happens if I build a retaining wall in a greenway without approval?
Who approves a Greenway Privilege for a retaining wall?
Sources & Official References
Other rules in Madison
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Retaining Walls in Nearby Cities
How other cities in Dane County handle retaining walls.