Fence laws in Wisconsin
What Wisconsin statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
Wisconsin fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Statedland used and occupied for farming or grazing | no figure | Wis. Stat. § 90.03 |
| Fence height | Silent | no figure | Wis. Stat. § 844.10 |
| Permits | Stated | no figure | Wis. Admin. Code § SPS 320.01 |
| Pool barriers | Silent | no figure | Wis. Admin. Code § SPS 390.02 |
| Spite fences | Stated | 6 ft | Wis. Stat. § 844.10 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Not researched yet | no figure | none |
Fence laws in Wisconsin, question by question
Who owns the fence between two properties in Wisconsin?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Wisconsin splits a partition fence in equal shares, but only where farming or grazing is involved. The duty runs between occupants of adjoining farm or grazing land, and between owners where one side is used that way. The fence stays in good repair all year unless both sides agree otherwise, and the occupants may agree to use markers instead of a fence.
The respective occupants of adjoining lands used and occupied for farming or grazing purposes, and the respective owners of adjoining lands when the lands of one of such owners is used and occupied for farming or grazing purposes, shall keep and maintain partition fences between their own and the adjoining premises in equal shares
How tall can a fence be in Wisconsin?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Wisconsin sets no statewide limit on residential fence height. The six foot figure in the spite fence statute is a nuisance trigger, not a cap, and that same statute says plainly that a municipality may forbid a fence under six feet. Chapter 90 describes legal fences for farm and grazing land without limiting height, and the Uniform Dwelling Code does not reach fences at all.
Documents read before writing that:
- Wis. Stat. § 844.10Wisconsin Legislature
- Wis. Admin. Code § SPS 320.01Wisconsin Department of Safety and Professional Services
Do I need a permit for a fence in Wisconsin?
StatedThe code gives a plain answer, and the line it appears on is quoted.
Wisconsin does not use the International Residential Code. It writes its own Uniform Dwelling Code in chapters SPS 320 to 325, which sets uniform statewide construction standards and inspection procedures for one- and two-family dwellings and modular homes. The scope of that code covers dwellings and their attached garages, porches, decks and stairways, and the word fence appears nowhere in it. A fence permit in Wisconsin is therefore purely a local zoning question.
The purpose of this code is to establish uniform statewide construction standards and inspection procedures for one- and 2-family dwellings and modular homes in accordance with the requirements of ss. 101.60 and 101.70, Stats.
Pool fence requirements in Wisconsin
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
Wisconsin sets no statewide barrier requirement for a private home pool. The state pool chapter, SPS 390, applies by its own terms to public swimming pools and water attractions only. The Uniform Dwelling Code that governs one- and two-family homes contains no pool, barrier, fence or enclosure section anywhere in its six chapters. A residential pool barrier in Wisconsin is a local matter.
Documents read before writing that:
- Wis. Admin. Code § SPS 390.02Wisconsin Department of Safety and Professional Services
- Wis. Admin. Code § SPS 320.01Wisconsin Department of Safety and Professional Services
Spite fence laws in Wisconsin
StatedThe code gives a plain answer, and the line it appears on is quoted.
Wisconsin has a spite fence statute, and it covers hedges as well as fences. Any fence, hedge or structure in the nature of a fence that unnecessarily goes over six feet, and was put up or kept up out of malice to annoy a neighbor, is a private nuisance. The statute adds that it does not stop a municipality from forbidding a fence under six feet, so local rules still bite below that line.
Any fence, hedge or other structure in the nature of a fence unnecessarily exceeding 6 feet in height, maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance.
6 ftheight above which a maliciously built fence or hedge is a private nuisance
How fence height is measured in Wisconsin
Not researched yet for Wisconsin. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in Wisconsin
Not researched yet for Wisconsin. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in Wisconsin
Not researched yet for Wisconsin. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in Wisconsin
Not researched yet for Wisconsin. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in Wisconsin
Not researched yet for Wisconsin. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
4 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- Wisconsin LegislatureWisconsin Statutes, Chapter 90, Fences, Section 90.03, Partition fences; when required
- Wisconsin LegislatureWisconsin Statutes, Chapter 844, Section 844.10, Private nuisance; fence
- Wisconsin Department of Safety and Professional ServicesWisconsin Administrative Code, Chapter SPS 320, Section 320.01 Purpose
- Wisconsin Department of Safety and Professional ServicesWisconsin Administrative Code, Chapter SPS 390, Public Swimming Pools and Water Attractions, Section 390.02 Applicability
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean