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Walworth 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 needed for
excavation, utilities, driveways in right-of-way
Issuing office
County Highway Commissioner
Max residential driveway width
20 feet
Min sight distance
650 feet both directions
Denial response time
within 15 days, in writing
Permit violation fine
$50 to $500 forfeiture

Summary

No one may excavate, alter a highway or bridge, run utility lines, or build or change a driveway within a Walworth County highway right-of-way without a permit from the Highway Commissioner under Section 54-42. New driveways must meet specific angle, width, sight-distance, and setback standards.

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

(a)Except as provided in Subsection 54-42(f), no person may do any of the following without a permit issued under this Section:(1)Make any excavation or fill or install any culvert or make any other alteration in any highway or in any manner disturb any highway or bridge, including place, lay out, install, or use a non-subterranean manure hose along, across, or within the right-of-way of a highway;(2)Construct or operate lines, wires, or fiber for telecommunications service, as defined in Wis. Stat. § 182.017(1g)(cg), telegraph, telephone, or electric lines, or pipes or pipelines, for the purpose of transmitting voice, video, data, messages, water, liquid manure, heat, light, or power along, across, under, or within the right-of-way of a highway; or,(3)Place, construct, or alter a driveway on a parcel abutting a highway.

Full Breakdown

Section 54-42(a) requires a permit before a person does any of three things: alters or disturbs a highway or bridge, including laying a non-subterranean manure hose across the right-of-way; constructs or operates telecommunications, telephone, electric, or pipe lines within the right-of-way; or places, constructs, or alters a driveway on a parcel abutting a highway. Applicants submit a form to the Highway Commissioner with the fee set in Section 30-286, drawings to scale, and an agreement to comply with permit conditions and the Utility Accommodation Policy.

Driveway permits carry detailed engineering standards under subsection (e): the approach angle must fall between 70 and 110 degrees, the driveway must be at least 15 feet wide, its surface must sit four inches below the road edge at any culvert, there must be 650 feet of clear sight distance in both directions, and maximum surface widths are 20 feet residential, 24 feet agricultural, and 35 feet commercial. A driveway cannot sit closer than 10 feet to a property line or 20 feet to another driveway on an adjoining lot, cannot block drainage in the right-of-way, and cannot be built of concrete within it.

Culverts need a minimum six inches of cover and cannot sit within five feet of a property line. The Highway Commissioner can deny an application in writing within 15 days, with reasons stated, and can revoke a permit for noncompliance; both denials and revocations are appealable under the Wis. Stat. Ch. 68 procedure through Sections 54-48 and 54-49. Emergencies are exempt from the permitting process under subsection (f).

Violations & Fines

Violations tied to Section 54-42 are enforced by citation under Section 54-43. Section 54-44 sets forfeitures by statute violated: $10 to $200 for a Wis. Stat. § 86.07(1) violation, $50 to $500 for a § 86.07(2) violation (with restoration costs recoverable separately), $50 to $250 for a § 86.07(2a) violation, and $50 to $500 for violating any condition of a Section 54-42 permit, plus prosecution costs in each case.

Frequently Asked Questions

Do I need a permit to build a new driveway onto a Walworth County road?
Yes. Section 54-42(a)(3) requires a permit from the Highway Commissioner before anyone may 'place, construct, or alter a driveway on a parcel abutting a highway,' and subsection (e) sets minimum width, approach angle, sight-distance, and setback standards the driveway must meet.
Can I run a utility line across a Walworth County highway right-of-way without a permit?
No. Section 54-42(a)(2) requires a permit before constructing or operating telecommunications, telephone, electric, or pipe lines 'along, across, under, or within the right-of-way of a highway,' and the permit must comply with the applicable Utility Accommodation Policy.
What if my right-of-way permit application is denied?
Section 54-48 requires the Highway Commissioner to issue a written denial with reasons within 15 days of the application, and Section 54-48(b) allows an appeal under the Wis. Stat. Ch. 68 procedure that the Highway Commissioner has adopted for administrative appeals.

Sources & Official References

Other rules in Walworth County

All Walworth County rules

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