Sheboygan, WI Fence Regulations: Retaining Walls (2026)

Section 26-396 is the only retaining wall provision in Sheboygan's fence article. It does not cap how tall a wall can be or require an engineered design for the wall itself. It sets a safety trigger: a retaining wall three feet in height or greater has to be safeguarded by a fence. Walls under three feet fall outside the section.

The height of the safeguard fence depends on what the wall serves. In conjunction with a one-family or two-family dwelling, the fence is a minimum of 36 inches in height. In conjunction with any structure other than a one-family or two-family dwelling, such as a commercial or apartment building, the minimum is 42 inches. In both cases the fence must be provided with intermittent rails or an ornamental pattern such that an object four inches in diameter cannot pass through, which sets the maximum gap between rails or pattern elements.

The section routes the safeguard fence through the rest of Article IV. It must be constructed and maintained in accordance with the article, except for sections 26-395 and 26-396. Section 26-395 is the nuisance fence abatement rule, with its three-day removal order, so that section is carved out. The permit requirement in § 26-392 is not among the excepted sections: no fence, screen, enclosure or structure in the nature of a fence can be erected unless the owner or his agent first obtains a permit from the building inspector, and § 26-393 sets the fee at $40.00 for each permit. Section 26-394 requires that all fences be kept in good repair, so a safeguard fence that rusts, leans or loses rails falls out of compliance.

Article IV ends with § 26-396, and §§ 26-397 to 26-435 are reserved, so the article prints no separate retaining wall permit, setback or engineering standard. The building inspection department, which § 26-66 places inside the city development department, administers the fence permit. This page does not cover the zoning ordinance, which is not part of the Municode text this page draws on.