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New Berlin, WI Parking Rules: Driveway Rules (2026)

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

Key Facts

Side setback
Minimum 5 feet from side lot lines
Ag/single-family surface
Graded, dust-free, properly drained (gravel allowed)
All other districts
Paved with asphalt or concrete
Paving waiver
Up to 12 months, with financial surety
Corner-lot rule
Cannot cross lot line extended to curb on culs-de-sac

Summary

New Berlin requires every driveway installed or rebuilt after the zoning code's effective date to sit at least five feet from side lot lines. Driveways in agricultural and single-family residential districts must be graded and surfaced to stay dust-free and properly drained, while driveways in every other district need asphalt or concrete paving, under Section 275-57 E.

E.Driveways. All driveways installed, altered, changed, reconstructed, or extended after the effective date of this chapter shall meet the following requirements:(1)Driveways. Driveways shall be set back a minimum of five feet from all side lot lines, except in the case of an approved joint or shared driveway.(2)Surfacing. All driveways in agricultural and single-family residential districts shall be graded and surfaced so as to be dust-free and properly drained. Driveways in all other districts shall be paved with an asphalt or concrete surface. Paving of driveways may be waived for up to 12 months to allow for settling or because of the season. Appropriate financial surety may be required to guarantee that the required driveway surfacing will be completed.

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 275-57 E of the Code of Ordinances governs every driveway installed, altered, changed, reconstructed or extended after the zoning chapter's effective date, with an exception for approved joint or shared driveways at a common access point. Subsection E(1) sets a flat five-foot setback from all side lot lines. Subsection E(2) splits the surfacing standard by district: driveways in agricultural and single-family residential districts only need to be graded and surfaced so they stay dust-free and properly drained, which allows gravel or a similar dust-free base rather than pavement, while driveways in every other district, including multifamily, commercial and industrial zones, must be paved with asphalt or concrete.

The Department can waive paving for up to 12 months to let a new driveway settle or to work around the season, and it can require a financial surety guaranteeing the paving actually gets finished once the waiver period runs out. Subsection E(3) adds a location rule for corner lots on culs-de-sac and curved streets: the driveway cannot extend past the lot line as extended to the curbline or pavement edge unless the Plan Commission allows it. These driveway standards sit alongside a separate residential parking-surface rule in Subsection A(7)(d), which repeats the dust-free grading requirement for off-street parking areas in agricultural and single-family districts and gives those areas 18 months from the building permit to be completed, and alongside a driveway-width table, Table 275-57-7, that sets minimum and maximum opening widths by zoning district.

Violations & Fines

An unpaved or undersized driveway that does not meet Section 275-57 E is a zoning violation enforced the same way as any other Chapter 275 violation: the Director issues written notice under Section 275-69 with 30 days to correct a nonemergency problem, and noncompliance after that period can be prosecuted for a forfeiture of $5 to $1,000 on a first offense and $10 to $1,000 for a repeat offense, under the general penalty in Section 1-18.

Frequently Asked Questions

Does my New Berlin driveway have to be paved?
Only if the lot is outside the agricultural and single-family residential districts. Section 275-57 E(2) lets those two district types use a graded, dust-free, well-drained surface such as gravel, while every other district needs asphalt or concrete paving.
How far from my property line can I put a new driveway?
At least five feet from every side lot line, per Section 275-57 E(1), unless the city has approved a joint or shared driveway with a neighbor at the same access point.
Can I get more time before paving a new gravel driveway?
Yes. The city can waive paving for up to 12 months to let the driveway settle or to work around the season, though it can require a financial surety to guarantee the paving is completed once the waiver expires, under Section 275-57 E(2).

Sources & Official References

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