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

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

Key Facts

Permitting authority
Building Inspector (Public Works for dumpsters)
Bond required
$5,000 bond or Certificate of Insurance
Free period
First 6 days free of charge
Monthly fee
$5/month first 2 months, then $10/month
Minimum clearance
18-foot roadway, 15 feet from hydrants
Penalty
$10-$2,500 first offense under Sec. 25.05

Summary

Before contractors place building material or equipment such as scaffolding, cranes, or hoisting machines on a Waukesha street, alley, or sidewalk, they must get a permit from the Building Inspector under Municipal Code Section 6.14. The section fixes a $5,000 bond, sets monthly fees after the first six free days, and sets minimum clearances from hydrants and streetcar tracks.

PERMITS REQUIRED. ... Before building material (such as stone, brick, cement blocks, concrete, sand, dirt, gravel, cement or lime, lumber, planks, boards, or any other building materials) or equipment of any type (such as scaffolding of all description, including ladders, swinging scaffolds suspending above streets, alleys or sidewalks, movable or stationary cranes, hoisting machines and elevators of any kind, trenching and excavating machines, glaziers or sign trucks and equipment, or any other machinery) is placed on any street, alley or sidewalk, or any public ground with the City, a permit must first be obtained from the Building Inspector by the party desiring to place such material and machinery. ... FEES. ... No fee shall be charged for said permit for the first 6 days immediately following the date of permit, but after the expiration of said 6 days, the fee for such permit shall be $5.00 per month for the first 2 months succeeding said 6 days and $10.00 per month thereafter.

Full Breakdown

14, Building Material and Construction Equipment Encroachments, requires anyone who wants to place stone, brick, cement blocks, concrete, sand, dirt, gravel, lumber, or equipment of any type, including scaffolding of all descriptions, ladders, swinging scaffolds over streets, cranes, hoisting machines, elevators, or trenching and excavating machines, on a City street, alley, sidewalk, or public ground to first obtain a permit from the Building Inspector. The written application must describe the property by lot, block, street, and tax number, and state the character of the material to be stored.

Once material or equipment is in place, a continuous roadway of at least two-thirds of the curb-to-curb width, and never less than 18 feet, must remain open, and nothing may be stored within 15 feet of a fire hydrant or within 10 feet of a streetcar track, reduced to 5 feet where the track is double. A 5-foot passage must stay open for pedestrians, guarded by railings and lighted if it replaces the regular sidewalk, and the Building Inspector can require a roof over the sidewalk for public protection.

Before the permit issues, the applicant posts a $5,000 bond with the Board of Public Works, or substitutes a Certificate of Insurance naming the City of Waukesha as additional insured in the same amount, to cover liability from material or machinery in the right-of-way. 00 minimum charge. All permit money is deposited in the City's general fund and the City Clerk reports it annually to the Council.

Violations & Fines

Placing material or equipment in the right-of-way without a Section 6.14 permit, or violating the bond, fee, or clearance conditions of an issued permit, is enforced under the Chapter 6 general penalty in Section 6.20, which points to Section 25.05: a forfeiture of $10 to $2,500 for a first offense and $100 to $5,000 for each later offense, plus prosecution costs. Every day the encroachment continues is a separate violation, and unpaid forfeitures can lead to jail time up to 90 days.

Frequently Asked Questions

Who issues a Waukesha encroachment permit for construction material?
The Building Inspector issues permits under Municipal Code Section 6.14 for building material and equipment, including scaffolding, cranes, and hoisting machines, placed on a City street, alley, sidewalk, or public ground. The Public Works Department separately issues the permit required before a dumpster, dump cart, or storage container is placed on a street or right-of-way for any purpose.
How much does the permit cost?
The first six days are free. After that, the fee is $5.00 per month for the next two months and $10.00 per month after that, with a $5.00 minimum for any permit issued outside the free period. All fees go to the City Treasury and are tracked by the City Clerk.
What clearance must be kept open around the encroachment?
A continuous roadway of at least two-thirds of the curb-to-curb width, and never less than 18 feet, must stay open to traffic, nothing may sit within 15 feet of a fire hydrant, and a 5-foot lighted, railed passage must be kept open for pedestrians if it replaces the regular sidewalk.

Sources & Official References

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