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New Berlin, WI Landscaping Rules: Weed Ordinances (2026)

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

Key Facts

Max average height
8 inches, residential districts
Governing section
§ 201-23
Large-lot exemption
R-1/R-2 parcels of 5+ acres
Other exemptions
Active farm use, rain gardens, bioswales
Penalty basis
Chapter 1 § 1-18 forfeiture, daily offense

Summary

New Berlin caps grass and general ground cover at an average height of eight inches on land in residential zoning districts under City Code § 201-23. The rule applies citywide to every owner or occupant, with carve-outs for working farm parcels, large R-1/R-2 lots and engineered stormwater plantings.

A.Residential zoning districts. No person shall permit grasses and other general ground cover to grow to an average height of more than eight inches on any lands that the person owns, occupies or controls in the City. See Code Section 137-6 for noxious weed regulations and Chapter 175, Nuisances, Section 175-3, of this Code.B.Exemptions: agricultural zoning districts regularly used to raise crops or livestock, R-1/R-2 Zoning Districts with five or more acres, or natural areas, rain gardens, bioswales or other stormwater best management practices designed and maintained as such.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

Section 201-23 A bars any person who owns, occupies or controls land in New Berlin from letting grasses and general ground cover average more than eight inches tall in residential zoning districts. The section cross-references Code § 137-6 for noxious weed regulations and Chapter 175, § 175-3 of the nuisance chapter, so a lot that exceeds the height limit can also be pursued as a nuisance. Section 201-23 B exempts agricultural-zoned districts in active crop or livestock use, R-1 and R-2 residential parcels of five acres or more, and natural areas, rain gardens, bioswales or other stormwater best management practices that are designed and maintained as such, so a naturalized landscaping feature is not automatically a violation.

The provision sits in Chapter 201, Property Maintenance, Article I, so it is enforced together with the exterior-structure and sanitation standards that precede it. Section 201-18, which opens that article, sets the penalty framework applied to Article I violations, including this one: it points to the general forfeiture schedule in Chapter 1, § 1-18, and specifies that every day a violation continues is treated as a separate offense, so an overgrown lot can accumulate multiple counts rather than a single fine while it sits uncut.

Violations & Fines

A property that violates § 201-23 is subject to the penalty set under Chapter 1, § 1-18's forfeiture schedule as applied through § 201-18. Because § 201-18 B treats every day a violation continues as a separate offense, an uncut lot left overgrown for a week can accrue a week's worth of daily counts rather than one citation, giving the city leverage to compel prompt mowing.

Frequently Asked Questions

How tall can grass legally get in New Berlin?
City Code § 201-23 caps grasses and general ground cover at an average height of eight inches in residential zoning districts. Once the average height passes eight inches, the property is out of compliance regardless of how the lot is used, unless one of the code's specific exemptions applies.
Does the height limit apply to my five-acre lot?
No. Section 201-23 B exempts R-1 and R-2 zoned parcels of five acres or more, along with agricultural-zoned land in active crop or livestock use, from the eight-inch cap that applies to smaller residential lots elsewhere in the city.
Can I keep a rain garden without violating the weed rule?
Yes. Natural areas, rain gardens, bioswales and other stormwater best management practices are exempt under § 201-23 B as long as they are designed and maintained as such, distinguishing intentional native plantings from ordinary uncut turf.
What happens if I do not cut an overgrown lot?
Section 201-18 makes each day the violation continues a separate offense and applies the forfeiture set in Chapter 1, § 1-18, so delaying compliance increases exposure rather than resetting it.

Sources & Official References

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