Waukesha, WI Sidewalk & Pedestrian Rules: Obstruction Rules (2026)
Key Facts
- Base rule
- Council consent required for any encroachment
- Continuing violation
- New offense every 24 hours
- Awning permit fee
- $1.00
- Awning sidewalk clearance
- 6.5 feet minimum
- Merchandise display permit
- Separate permit under § 6.175
- General penalty
- § 25.05, $10-$2,500 first offense
Summary
No one may build steps, platforms, fences, or other encroachments into a Waukesha street, alley, or sidewalk without Common Council consent, under Municipal Code Sec. 6.06. The Council can order removal on notice, and each 24 hours an obstruction remains after that is a separate offense.
GENERAL. Except as otherwise provided in this section, no part of a building hereafter erected or of an enlargement of a building heretofore erected shall project beyond a street line or a building line. COUNCIL CONSENT REQUIRED. No person shall construct any steps, stairs, building, fence, bay-window, platform, trap-door, cellar-door, area, balcony cornice, or other encroachment or obstruction upon, in or under any street, alley or public ground without the consent of the Common Council. ... REMOVAL OF ENCROACHMENTS. Upon notice from the Common Council any person maintaining any encroachment upon any street, alley or public ground, whether under express Council consent or not, shall forthwith remove the same and each 24 hours continuance of such encroachment thereafter shall constitute a separate offense.
Full Breakdown
Sec. 06 bars any building enlargement or structure, including steps, stairs, bay-windows, platforms, trap-doors, cellar-doors, areas, and balcony cornices, from projecting beyond a street or building line without Common Council consent. Once the Council gives notice to remove an encroachment, whether it was originally consented to or not, the responsible person must remove it immediately, and each additional 24 hours it stays is a separate offense. 5 feet above the sidewalk, and can't extend more than 2 feet from the inner curb; cornices and similar decorative trim can extend up to 4 or 10 inches depending on height; and marquees can reach to within 2 feet of the curb if at least 9 feet above curb level.
Selling goods, wares, or merchandise beyond the lot line, such as sidewalk tables or racks, needs a separate permit under Sec. 175, which requires a $25 daily or $150 seasonal fee, liability insurance, and a 4-foot clear pedestrian path at all times, and is only available in conjunction with a permitted special event.
Violations & Fines
Encroaching on a street, alley, or sidewalk without Council consent, or failing to remove one after notice, carries the Chapter 6 general penalty under Sec. 6.20, which points to Sec. 25.05: not less than $10 nor more than $2,500 for a first offense and $100 to $5,000 for each later offense, with each 24-hour period of continued encroachment a separate offense. A merchandise-display permit violation under Sec. 6.175 instead carries its own forfeiture of $50 to $200 per day.
Frequently Asked Questions
Can I put up a fence or platform that sticks into the street or sidewalk in Waukesha?
What happens if the City tells me to remove an encroachment?
Do I need a permit to put tables or merchandise on the sidewalk outside my store?
Sources & Official References
Other rules in Waukesha
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