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

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

Key Facts

Approval needed
County board special privilege
Plus
Director of Public Works permit
Sign projection limit
4 feet, 10 feet high
Liability insurance
$25,000/$50,000/$10,000 coverage
Removal notice
30 days after written notice

Summary

Milwaukee County requires a special privilege from the county board plus a director-of-public-works permit before any building, structure, sign, flagpole, or retaining wall may permanently project into a public way, per § 67.07.

City-specific rules exist: Wauwatosa, Milwaukee, and West Allis have their own encroachment permits rules that differ from Milwaukee County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Except as otherwise regulated in this chapter, no part of any building, structure, addition, alteration, or construction hereafter erected shall project into the public ways without first obtaining a special privilege granted by the county board and a permit therefor from the director of public works.

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 112).

Full Breakdown

Section 67.07 covers permanent projections into the public way -- signs, flagpoles, retaining walls and fences. Anything not on the chapter's short pre-approved list needs a special privilege granted by the county board itself, plus a director-of-public-works permit. Wall-mounted signs may project up to 4 feet if at least 10 feet above the sidewalk; flagpoles must clear 3 feet from the curb with 10 feet of vertical clearance. Retaining walls and fences require a recorded agreement, can't sit closer than 6 inches to the sidewalk, and the owner must carry liability insurance naming the county as insured (§ 67.07(8), (10)).

Violations & Fines

Unpermitted encroachments violate Chapter 67 and can be ordered removed at the owner's expense; retaining walls/fences must come out within 30 days of notice or the county removes them and charges the property, per §§ 67.07(9), 67.03.

Frequently Asked Questions

Can I put a retaining wall or fence in the public right-of-way?
Only with director-of-public-works approval and a recorded agreement; the structure can't sit closer than 6 inches from the sidewalk, per § 67.07(8).
What insurance do I need for an encroachment permit?
A certificate showing at least $25,000 bodily injury per person, $50,000 per accident, and $10,000 property damage coverage naming the county as insured, per § 67.07(10).

Sources & Official References

Other rules in Milwaukee County

All Milwaukee County rules

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