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Winnebago County, WI Fence Regulations: Retaining Walls (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

General yard setback
Retaining walls exempt (Ch. 23)
Shoreland setback
75 feet from high-water mark
Shoreland exemption
Not available to retaining walls
Applies to
Unincorporated towns under Ch. 23

Summary

Retaining walls are exempt from Winnebago County's yard setbacks under Chapter 23, but that exemption doesn't reach the shoreland setback: a wall within 75 feet of the water still has to meet the line or get a variance.

These county ordinances apply to unincorporated areas of Winnebago County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(b) Exceptions. The following may be located in a front yard, side yard, and rear yard setback area, provided they do not extend into or are not located within a utility easement or a required fire lane and they meet all other requirements of this chapter:

(1) landscaping;

(2) retaining walls;

(3) fences;

(4) freestanding mailboxes and newspaper boxes;

(5) yard furniture, but not when located on a patio or deck;

(6) gardens;

(7) compost bins;

12/04/2024 8 - 15

Full Breakdown

Winnebago County's Chapter 23 zoning exempts retaining walls from front, side, and rear yard setbacks under § 23.8-65(b)(2), so a wall can sit right up to the property line as long as it stays clear of easements and fire lanes. That exemption evaporates near water: Chapter 27 shoreland zoning notes retaining walls can't meet the requirements for the 59.692(1v) setback exemption, so a wall inside the 75-foot shoreland setback still needs to comply with that line or get a variance from the board of adjustment. This only governs the unincorporated towns where the county's zoning ordinance is in force.

Violations & Fines

Zoning Administrator investigates and can issue a stop-work order; citation fines run $200 for missing a permit or $300 for other violations, plus court costs, with unresolved cases referred to Corporation Counsel.

Frequently Asked Questions

Do I need a permit for a retaining wall in Winnebago County?
Outside the shoreland, a retaining wall can sit inside the required yard setback under Ch. 23 § 23.8-65(b)(2). Within 75 feet of the water, it doesn't qualify for that exemption and must meet the shoreland setback or get a variance.
Does the retaining wall rule apply everywhere in the county?
Only in unincorporated towns under Chapter 23 zoning, and only where the town board has adopted the county ordinance under Wis. Stat. § 59.69; shoreland setback rules apply county-wide in unincorporated shoreland regardless.

Sources & Official References

Other rules in Winnebago County

All Winnebago County rules

Compare Winnebago County to another location·View the Wisconsin fence regulations overview

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