Milwaukee County, WI Fence Regulations: Retaining Walls (2026)
Key Facts
- Structure covered
- Structural earth retainment facility
- Setback
- 6 inches from sidewalk
- Removal notice
- 30 days after written notice
- Cost if county removes
- Billed to property owner
Summary
Milwaukee County treats a retaining wall in the public way as a 'retainment device' requiring director approval, a recordable agreement, and a minimum six-inch setback from the sidewalk.
3.Retainment devices defined as a structural earth retainment facility or fence.(8)Application. 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. Said retainment device or fence may project a distance no closer than six (6) inches from either the existing or proposed location of the sidewalk.(9)Conditions of recorded agreement and permit. The property owner shall agree to alter or remove the retainment device or fence, when deemed to interfere with a street maintenance or public improvement project, within thirty (30) days of the receipt of written notice from the director of public works
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
Section 67.07 defines a retainment device as 'a structural earth retainment facility or fence' and regulates it identically to a fence when it sits in a Milwaukee County public way. The owner must submit plans to the director of public works, execute a recordable agreement, and obtain an installation permit; the structure may project no closer than six inches from the existing or proposed sidewalk. Under § 67.07(9), the owner must alter or remove the wall within thirty days of written notice if it interferes with street maintenance or a public improvement project, restoring the roadway at no cost to the county.
Violations & Fines
Failing to remove or alter a noncompliant retaining wall within 30 days of the county's written notice lets the director remove it and bill the owner for the cost.
Frequently Asked Questions
Does a retaining wall near the street need county approval?
Can Milwaukee County make me remove my retaining wall?
Sources & Official References
Other rules in Milwaukee County
Compare Milwaukee County to another location·View the Wisconsin fence regulations overview
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