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Washington County, WI Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

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

Key Facts

Governing section
Washington County Code § 157-8
Prohibited items
Fences, stands, buildings, other structures or objects
Removal authority
County Highway Commissioner under § 86.04, Wis. Stats.
Penalty
$10 to $2,000 forfeiture under Chapter 1 § 1-5
Applies to
County trunk highway rights-of-way, unincorporated towns

Summary

Washington County bars anyone from encroaching on, under or over a county highway right-of-way with a fence, stand, building or other structure, and from dumping any substance in the roadway that could damage a vehicle. The County Highway Commissioner can order an encroachment removed under Code § 157-8.

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

No person shall cause an encroachment upon, under or over County highway right-of-way by any fence, stand, building or any other structure or object, and including encroachments caused by acquisition by the public of new or increased widths of highway right-of-way. Upon determination of the existence of a highway encroachment, the County Highway Commissioner may proceed to have any such encroachment removed in accordance with the procedures specified in § 86.04, Wis. Stats. ... No person shall place or cause to be placed upon a highway any foreign substance which is or may be injurious to any vehicle or part thereof.

Full Breakdown

Washington County Code § 157-8, Highway encroachments or obstructions, protects the right-of-way along every county trunk highway, the travel lanes plus the shoulders, ditches and setback strip the County controls for road purposes. Subsection A prohibits any person from causing an encroachment upon, under or over that right-of-way with a fence, stand, building or any other structure or object, and the prohibition reaches encroachments that arise later, after the public acquires a new or wider right-of-way through an existing property. Subsection B separately bars placing any foreign substance in a highway that is or may be injurious to a vehicle or its parts, covering debris, spilled material or anything else that could damage tires, wheels or undercarriages.

Once the County Highway Commissioner determines an encroachment exists, § 157-8A lets the Commissioner have it removed under the procedure at § 86.04, Wis. Stats., the state law governing obstruction of highways. No penalty amount is written into § 157-8 itself, so a violation falls back to the Chapter 1 standard penalty at § 1-5: a forfeiture of not less than $10 nor more than $2,000 plus the costs of prosecution, and, if the forfeiture and costs go unpaid, imprisonment in the County Jail not to exceed 90 days. Because Washington County has no general zoning ordinance, this right-of-way rule, not a municipal sidewalk code, is what reaches structures and debris placed along county roads through the unincorporated towns.

Violations & Fines

Encroachments are removed administratively by the County Highway Commissioner under § 86.04, Wis. Stats. A person who violates § 157-8 is subject to the Chapter 1 General Penalty at § 1-5: a forfeiture of $10 to $2,000 plus prosecution costs, with up to 90 days in the County Jail if the forfeiture and costs go unpaid.

Frequently Asked Questions

Can I put a fence along the county road in front of my house?
Not inside the right-of-way. Section 157-8A bars any fence, stand, building or other structure within the county highway right-of-way, and the County Highway Commissioner can order it removed under § 86.04, Wis. Stats., even if the fence predates a widening of the right-of-way.
Does this rule cover village and city sidewalks?
No. Chapter 157 governs Washington County trunk highways in the unincorporated towns; West Bend, Hartford and the county's villages regulate obstructions on their own streets and sidewalks under their own municipal codes, not this county chapter.
What if debris from my property spills onto the road?
Section 157-8B separately bans placing any foreign substance in a county highway that is or may be injurious to a vehicle, so spilled gravel, farm debris or construction material left in the road is its own violation, distinct from a physical encroachment.

Sources & Official References

Other rules in Washington County

All Washington County rules

Compare Washington County to another location·View the Wisconsin sidewalk & pedestrian rules overview

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