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

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

Key Facts

Permitting agency
Waukesha County Dept. of Public Works
State authority
Wis. Stat. § 86.07(2)
Min. driveway width, private access
16 feet
Min. driveway width, shared access
22-24 feet
Penalty
$25-$200 forfeiture per day
Appeal path
Code Ch. 18, Art. IV municipal appeals

Summary

Nobody may build a driveway or alter ditches, culverts, signs, berms, fences, landscaping or retaining walls inside a Waukesha County trunk highway right-of-way without a Public Works permit first. Permits cannot be issued for parking, storage, advertising or merchandising in the right-of-way.

City-specific rules exist: Waukesha has its own encroachment permits rules that differ from Waukesha County's county-level regulations. If you live in Waukesha, check the city-specific page instead.

No person shall construct an Access Point within the meaning of this article until or unless a valid permit has been obtained from the Department of Public Works. In addition, no person shall alter, in any way, existing appurtenances or features within the highway right-of-way including but not limited to, ditches, drainage ways, culverts, bridges, signs, berms, fences, landscaping, retaining walls or pavement surfaces (including existing Access Points) until a proper permit therefore has been obtained. ... A permit may not be granted for the purpose of parking or servicing vehicles or for advertising, storage, or merchandising of goods on the highway right-of-way.

Full Breakdown

Sec. 15-53 of the county code bars anyone from constructing an access point (a driveway, private street or similar vehicular pathway, defined in Sec. 15-52) within a county trunk highway until a valid permit is obtained from the Department of Public Works. The same section extends the permit requirement to altering any existing appurtenance or feature within the highway right-of-way, expressly naming ditches, drainage ways, culverts, bridges, signs, berms, fences, landscaping, retaining walls or pavement surfaces, including existing access points. A change in a property's use can also trigger a new permit or force alterations to an existing access point.

Sec. 15-53(c) flatly bars the county from granting a permit for parking or servicing vehicles, or for advertising, storage or merchandising of goods on the right-of-way, no matter the applicant. Sec. 15-51 grounds this permit program in Wis. 07(2) and states its purpose as promoting safe, orderly movement between county trunk highways and abutting property while protecting drainage structures; the fee for each permit is the amount set in the county's annual budget book under Sec. 15-2. Design standards in Sec. 15-54 set minimum access widths (16 feet for a single-family home with private access, 22-24 feet if shared) and route multi-family, subdivision and commercial applications to the Department's published intersection-detail drawings based on unit or square-footage thresholds. An applicant denied a permit may appeal under Chapter 18, Article IV of the county code (Sec. 15-57).

Violations & Fines

Sec. 15-58 treats an access point built without a permit as illegal: the violator gets written notice and 10 business days to apply, then 20 business days to submit and follow a correction plan if a permit is refused, after which the Department of Public Works may remove or disable the access point at the violator's cost. Beyond that, conviction carries a forfeiture of $25 to $200 plus prosecution costs, up to 30 days in the county jail if unpaid, with each day of continuing violation a separate offense, and the county may also seek a court injunction.

Frequently Asked Questions

Do I need a permit to build a retaining wall near a county highway?
Yes. Sec. 15-53 requires a Department of Public Works permit before altering any appurtenance within the highway right-of-way, and it specifically lists retaining walls alongside fences, landscaping, signs, berms and culverts as items covered by the permit requirement.
Can I get a permit to park a trailer or sell goods in the county right-of-way?
No. Sec. 15-53(c) states a permit may not be granted for the purpose of parking or servicing vehicles, or for advertising, storage or merchandising of goods within the highway right-of-way, regardless of the applicant.
What happens if I built my driveway without a permit?
Sec. 15-58 requires the county to notify you in writing that the access point is illegal, then gives you 10 business days to apply for a permit and, if denied, 20 more business days to submit and carry out a correction plan before the Department can remove the access point at your expense.

Sources & Official References

Other rules in Waukesha County

All Waukesha County rules

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