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Fond du Lac County, WI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit issuer
county highway department
Application review time
10 business days
New road/Type C fee
$100.00
Type A/Type B fee
$50.00 each
Agricultural field access fee
$20.00
Permit expiration
1 year from issuance
Appeal window
30 calendar days

Summary

In unincorporated Fond du Lac County, no structure, object or growth may be built, placed or planted within a county highway right-of-way without a permit from the county highway department under Code Sec. 46-207, and applicants who start work first risk permit denial and fines.

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

(a)Required. ... No structure, object or growth shall be constructed, reconstructed, altered, placed, installed or planted within the jurisdiction of this article until a permit has been issued by the highway department. ( ... c)Fees. ... The applicant shall pay to the county highway department a fee for each permit application as determined by the type of access:

Full Breakdown

Fond du Lac County Code Sec. 46-207, in the Access Control article of Chapter 46, requires a permit for any private use of the county highway right-of-way: no structure, object or growth may be constructed, reconstructed, altered, placed, installed or planted within the article's jurisdiction until the highway department issues a permit. Sec. 46-206 confirms the article's reach covers 'objects, growth and use of land within the rights-of-way of the county highways,' and directs that where it is unclear whether part of an object falls within that jurisdiction, the whole object is treated as within it.

Applications go to the highway department before construction begins, and the inspector or a designee must grant or deny the permit within ten business days based on the article's access standards; the department may demand scale drawings or other supporting information first. Fees are set by access type: $100 for a new road connection or Type C access, $50 for Type B, $50 for Type A, and $20 for an agricultural field access. A permittee is liable for all materials, labor and other construction costs, and the county disclaims liability for damage, injury, or maintenance including snow and ice control on the access.

An issued permit expires one year from the date of issuance, and construction must be completed within that year. Anyone who begins work before a permit is approved risks denial of the permit, removal of the access, and fines or prosecution. A decision may be appealed to the county highway committee within 30 calendar days, and the committee must rule within 30 calendar days of the appeal being filed.

Violations & Fines

Constructing, altering, placing or planting a structure, object or growth in the county highway right-of-way without a permit, or beginning work before permit approval, exposes the responsible party to permit denial, removal of the access, and fines or prosecution under Sec. 46-207(b). Sec. 46-210 separately bars any person from constructing an access point or altering right-of-way appurtenances such as ditches, culverts, bridges or pavement without a valid permit from the highway department.

Frequently Asked Questions

Do I need a permit to place something in the county road right-of-way in Fond du Lac County?
Yes. Code Sec. 46-207(a) requires a permit from the county highway department before any structure, object or growth is constructed, altered, placed, installed or planted within the county highway right-of-way.
How much does an access or encroachment permit cost?
Fees run from $20 for an agricultural field access up to $100 for a new road connection or Type C access, with Type A and Type B access each costing $50 under Sec. 46-207(c).
What happens if I start work before getting the permit?
Sec. 46-207(b) allows the highway department to deny the permit, order removal of the access, and pursue fines or prosecution against anyone who begins construction before a permit is approved.
How long does a county highway right-of-way permit last?
Sec. 46-207(e) sets the permit to expire one year from the date of issuance, and the permitted construction must be completed within that year.

Sources & Official References

Other rules in Fond du Lac County

All Fond du Lac County rules

Compare Fond du Lac County to another location·View the Wisconsin sidewalk & pedestrian rules overview

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