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Fitchburg, WI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Approving body
Common council, not staff
Sidewalk clearance
8 feet minimum above sidewalk
Height cap
25 feet above street grade
Governing section
Fitchburg City Code § 26-60

Summary

Fitchburg, Wisconsin bars any sign from sitting within or over a public street right-of-way unless the applicant first obtains a street encroachment permit approved by the common council, the governing body rather than city staff, under Dane County's Fitchburg City Code Section 26-60.

In zoning districts where setbacks are required for building construction, no part of any sign shall extend over the property line. Any signs projecting over sidewalks shall have a minimum of eight feet of clearance. No sign shall be located within or over any public street right-of-way unless a street encroachment permit approved by the common council has been issued therefor.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).

Full Breakdown

Section 26-60 of the Fitchburg, Wisconsin sign ordinance sets the baseline rule for private encroachment onto the public right-of-way: in zoning districts where building setbacks apply, no part of a sign may extend over the property line, and any sign projecting over a sidewalk must keep at least eight feet of clearance above the walking surface. The section then draws a hard line for anything reaching further, into or over a public street right-of-way itself. No sign may be located within or over that right-of-way unless a street encroachment permit approved by the common council has been issued.

Unlike the routine sign permits the zoning administrator issues under Section 26-31, or the temporary occupancy and obstruction permits the public works department issues under Section 27-255 for other right-of-way uses, this encroachment approval must come from the common council, the city's elected legislative body, giving it a higher, more discretionary bar than an administrative sign permit. The height limit in Section 26-61, capping any sign at 25 feet above the nearest established street grade, applies on top of the encroachment rule, and the general sign permit application requirements in Section 26-32, including a scale drawing and the property owner's information, still apply to any sign seeking council approval to encroach on the right-of-way.

Violations & Fines

Section 26-6 makes any violation of the sign chapter, including placing a sign in or over the street right-of-way without common council approval, punishable as provided in Section 1-21, and the city may enforce compliance by injunction sought by the zoning administrator without first pursuing a forfeiture action in court.

Frequently Asked Questions

Who approves a sign that encroaches on a Fitchburg street right-of-way?
The common council, not the zoning administrator, must approve a street encroachment permit before any sign can be located within or over a public street right-of-way, under Section 26-60 of the Fitchburg City Code.
How much clearance does a sign over a sidewalk need in Fitchburg?
Section 26-60 requires at least eight feet of clearance for any sign projecting over a sidewalk, on top of the rule that no part of a sign may extend over the property line in districts with building setback requirements.
Is a street encroachment permit the same as a regular sign permit?
No. A routine sign permit under Section 26-31 is issued administratively by the zoning administrator, while a street encroachment permit under Section 26-60 requires approval from the common council itself before a sign can sit within or over the public right-of-way.

Sources & Official References

Other rules in Fitchburg

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