Fence laws in Janesville, Wisconsin
What the Janesville municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Janesville sets no rule of its own, the Wisconsin rule is shown in its place and marked as such.
Fence laws in Janesville, Wisconsin, question by question
The short version
- Who pays on the line
- Janesville draws a line most codes leave blurred, and the answer turns on the district and how the fence is built. The figure is 0 feet, for closest a fence may come to a property line, without crossing it.
- How tall
- Janesville sorts every fence into two kinds and then sets height from that, and the answer turns on whether the fence is see-through, which setback it sits in, and the district. The figure is 30 inches, for privacy fence in a front or corner side yard setback.
- Permits
- No fence may be installed, constructed, erected, placed or replaced in Janesville without a fence permit, and the exemption is written by length rather than by height, and the answer turns on how long the run of fence is and whether the lot is in a historic overlay. The figure is 16 feet, for length of fence at which a permit becomes necessary.
- Pool barriers
- Janesville sets no statewide pool barrier rule. The chapters that were read are listed below. Cities and counties decide this one.
- Spite fences
- Wisconsin has a spite fence law and it covers hedges as well as fences. The figure is 6 feet, for height above which a maliciously built fence or hedge is a private nuisance.
- Measured from what
- Janesville measures height vertically from the finished grade on the interior side of the fence, which is the owner side. The figure is 3 inches, for height a support post may extend above the top line of the fence.
- Corner lots
- Janesville handles the corner with transparency rather than with a ceiling, and the answer turns on the vision triangle at section 42-354 and how see-through the fence is. The figure is 50 percent, for visibility required through a fence inside the vision triangle.
- Retaining walls
- Janesville sets no rule for a wall that holds back earth. The chapters that were read are listed below. Cities and counties decide this one.
- Materials
- A fence in a Janesville residential district has to be manufactured for residential use, with aluminum, wrought iron or steel, chain link, wood and vinyl named as the typical approved materials, and opaque metal of any kind prohibited, and the answer turns on the district and whether the material was made for residential fencing. The figure is 24 inches, for chicken wire allowed around a rear yard food garden.
- Livestock
- Wisconsin lists the fences that count as legal and says nothing else does. The figure is 50 inches, for minimum height of a legal fence, measured at the posts.
Who owns the fence between two properties in Janesville?
Compare fences on the property line across all 50 states
Janesville answers this, but the answer changes depending on the district and how the fence is built.
Janesville draws a line most codes leave blurred. Fences, including all structural members and footings, may be installed up to but not on property lines, and no portion of the fence may encroach beyond the line, so a shared boundary fence straddling the survey line is not permitted and the footings have to stay inside too. The owner is responsible for locating the lines and for warranting that the fence sits entirely on the property the permit was issued for. The finished side faces the adjacent property or the public right-of-way, and the posts go on the owner side unless the fence is built to look the same from both. One positional allowance exists for the R2 district: a privacy fence there may come forward in the corner side setback as far as halfway between the corner side of the house and the corner side lot line, provided it stays out of the vision triangle.
Fences including all structural members and footings may be installed up to but not on property lines. No portion of the fence shall encroach beyond the property line. (2) It is the responsibility of the property owner to locate the property lines and warrant that the fence is properly located entirely on the property site to which the fence permit has been issued.
The answer turns on the district and how the fence is built.
- a shared boundary
- Up to the line, never on it. 0 ft
- the footings
- They stay inside too.
- the finished side
- It faces the neighbor.
- a privacy fence in the R2 district
- Halfway forward along the corner side. 50%
Also on fences on the property line in Janesville
- set in state lawWisconsin splits a fence on the property line in equal shares, but only where farming or grazing is involved. The duty runs between the people using two neighboring farm or grazing properties, and between the owners when one side is used that way. The fence stays in good repair all year unless both sides agree otherwise, and the two sides may agree to use markers instead of a fence. Wis. Stat. § 90.03Wisconsin · Statute
How tall can a fence be in Janesville?
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Janesville answers this, but the answer changes depending on whether the fence is see-through, which setback it sits in, and the district.
Janesville sorts every fence into two kinds and then sets height from that. A privacy fence, meaning one that is opaque or gives less than fifty percent visibility, may be no more than thirty inches in a front setback or a corner side setback, in every zoning district without exception. A semi-transparent fence, at fifty percent visibility or better, gets four feet in a front setback in residential, business and office districts, six feet in a corner side setback in those same districts, and twelve feet in industrial districts either way. Behind the house the two kinds are treated alike: six feet in residential, eight in business and office, twelve in industrial. Where a front setback and an interior side setback overlap, the front figures win. The measure of visibility is stated as the open space through which light passes, read through one plane of fencing or several, which stops an owner stacking two half open panels.
A privacy fence is one which is opaque or provides zero to less than 50 percent visibility through the fence. The degree of visibility is measured by the open space through which light is able to pass through the fence. Visibility is measured through one or multiple planes of fencing. a. Privacy fences located within the front and corner side yard setbacks may be no greater than 30 inches in height.
The answer turns on whether the fence is see-through, which setback it sits in, and the district.
- a solid fence at the front or corner
- Thirty inches. 30 in
- a see-through fence in a front yard
- Four feet. 4 ft
- a side or rear setback
- Six feet at a house, eight at a business. 6 ft
- an industrial district
- Twelve feet. 12 ft
Also on fence height in Janesville
- no rule, documents checkedWisconsin sets no limit on how tall a fence at a house can be. The six feet in the spite fence law is what starts a nuisance claim and not a cap, and that same law says a city or village may ban 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. Wis. Stat. § 844.10Wisconsin · Statute
Do I need a permit for a fence in Janesville?
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Janesville answers this, but the answer changes depending on how long the run of fence is and whether the lot is in a historic overlay.
No fence may be installed, constructed, erected, placed or replaced in Janesville without a fence permit, and the exemption is written by length rather than by height. Anything less than sixteen feet long needs nothing, whether it is new, a repair or a replacement, which puts Janesville within a foot of the same threshold Kenosha uses fifty miles away. Four other exemptions follow: underground electric pet fences, decorative fences up to two feet that do not endanger anyone on a sidewalk, temporary fences where the chapter allows them, and chicken runs. The application goes to the Building Division with a drawing, site plan or survey showing the property lines, the adjoining streets, all buildings and the proposed fence, and a fee set by City Council resolution. A fence on a property in an Historic Overlay District needs a Certificate of Appropriateness on top of the permit.
No person shall cause or allow the installation, construction, erection, placement, or replacement of a fence in the City of Janesville without first obtaining a fence permit. Exception: When all other provisions of this chapter are met, a fence permit is not required for: (1) The installation, repair, or replacement of any fence less than 16 feet in length.
The answer turns on how long the run of fence is and whether the lot is in a historic overlay.
- sixteen feet or more
- A permit. 16 ft
- a short run or a repair
- No permit.
- a historic overlay district
- A Certificate of Appropriateness as well.
- a pet fence or a chicken run
- Exempt.
Also on permits in Janesville
- set in state lawWisconsin does not use the International Residential Code. It writes its own Uniform Dwelling Code in chapters SPS 320 to 325, which sets one set of building standards and inspections for one and two family homes and modular homes across the state. That code covers homes and their attached garages, porches, decks and stairways, and the word fence is nowhere in it. So a fence permit in Wisconsin is purely a local zoning question. Wis. Admin. Code § SPS 320.01Wisconsin · Building code
Pool fence requirements in Janesville
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Janesville law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Wisconsin sets no statewide fence rule for a pool at a house. The state pool chapter, SPS 390, says on its face that it covers public pools and water attractions only. The Uniform Dwelling Code, which governs one and two family homes, has no pool, barrier, fence or enclosure section in any of its six chapters. A pool fence at a home is a local matter.
This one is Wisconsin law, not Janesville law. All Wisconsin findings
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 Janesville
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Wisconsin answers this in its own law. The words that do it are quoted below.
Wisconsin has a spite fence law and it covers hedges as well as fences. Any fence, hedge or structure like a fence that goes over six feet with no need to, and was put up or kept up out of spite to annoy a neighbor, is a private nuisance, which means the neighbor can sue over it. The same section says it does not stop a city or village from banning a fence under six feet, so local rules still bite below that line.
This one is Wisconsin law, not Janesville law. All Wisconsin findings
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 Janesville
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Janesville answers this in its own law. The words that do it are quoted below.
Janesville measures height vertically from the finished grade on the interior side of the fence, which is the owner side. That is the opposite of Kenosha forty miles to the east, which takes the exterior side, and the difference decides who bears the cost of a slope: in Janesville an owner standing on higher ground gets a fence that reads taller from the neighbor side, and in Kenosha they do not. The berm question is answered the strict way regardless: where a fence sits on a berm, the berm is included in the height and the measurement starts at the base of the berm, so mounding the ground buys nothing. One small allowance sits on top: support posts may not extend more than three inches above the top line of the fence, except for decorative caps, knobs or finials as designed by a manufacturer, which lets a factory post cap through without counting.
The height of fences shall be measured vertically from the finished grade on the interior side of the fence. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height shall be measured vertically from the base of the berm. Support posts shall not extend more than three inches above the top line of the fence, except for decorative caps, knobs, or finials as designed by a manufacturer.
3 inheight a support post may extend above the top line of the fence
Also on how height is measured in Janesville
- left to the townWisconsin does not set this. The city does. The fence law in chapter 90 covers fences on a property line and what a fence viewer does, and it has no measuring rule in it anywhere. Section 62.23(7)(am) lets a city council set rules for the height, number of stories and size of buildings and other structures, and tells courts to read that power broadly in the city's favor. So the city ordinance sets the fence height and decides on its own what the height is taken from. Wis. Stat. 62.23(7)(am)Wisconsin · Zoning code
Fence rules for corner lots in Janesville
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Janesville answers this, but the answer changes depending on the vision triangle at section 42-354 and how see-through the fence is.
Janesville handles the corner with transparency rather than with a ceiling. A fence may not obstruct traffic or the vision of traffic, and any fence encroaching into the vision triangle described at section 42-354 of the zoning chapter has to provide at least fifty percent visibility, read through one plane of fencing or several. The triangle itself is defined in that other section, which was not read for this page, so its size at a street intersection is not recorded here. The driveway rule is stated in full inside the fence section: a privacy fence over thirty inches may not be placed along a driveway inside a triangle formed by the point where a right-of-way, alley or driveway meet and two points fifteen feet away along the right-of-way line or the edge of the driveway. Because the thirty inch privacy limit already applies in every front and corner side setback, the practical effect at most corners is a low fence or a see-through one.
Fences may not obstruct traffic or vision of traffic and shall provide at least 50 percent visibility through any fence or multiple planes of fencing encroaching within the vision triangle as described in Section 42-354.
The answer turns on the vision triangle at section 42-354 and how see-through the fence is.
- a fence in the triangle
- Half see-through, at least. 50%
- the size of the triangle
- Set at section 42-354, not read here.
- a driveway
- Fifteen feet each way. 15 ft
- a solid fence there
- Thirty inches. 30 in
Also on corner visibility in Janesville
- set in state lawWisconsin draws a triangle at every highway crossing outside a city or village, running 1,000 feet out along each center line, and bans danger causing advertising inside it. Section 86.191 then goes past signs. The road authority has to ask the owner of land inside that triangle to cut back whatever blocks the view across it, as far as that can be done, and to work out an arrangement that makes travel on both roads as safe as it reasonably can be. It is a duty to work it out with the owner rather than a fixed height, and it stops at the city line. Wis. Stat. 86.191(4)Wisconsin · Traffic code
Retaining wall rules in Janesville
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Janesville law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Wisconsin has no rule at all for a wall that holds back earth. It does not use the International Residential Code, so the model code line about a four foot wall never reaches this state. It writes its own Uniform Dwelling Code for one and two family homes, and both halves of that code were read end to end. Chapter SPS 320 is the paperwork half, covering the building permit, who issues it, inspections and exemptions, and the word retaining is nowhere in it. Chapter SPS 321 is the building half, covering digging, footings, frost protection, foundations, masonry walls and decks, and the word retaining is nowhere in it either. The code does have sections on digging next to a neighbor's land and on erosion control, and neither one sets a rule for a wall built to hold back earth. A permit for that kind of wall in Wisconsin is a local question.
This one is Wisconsin law, not Janesville law. All Wisconsin findings
Documents read before writing that:
- Wis. Admin. Code ch. SPS 320Wisconsin Department of Safety and Professional Services
- Wis. Admin. Code ch. SPS 321Wisconsin Department of Safety and Professional Services
Fence materials allowed in Janesville
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Janesville answers this, but the answer changes depending on the district and whether the material was made for residential fencing.
A fence in a Janesville residential district has to be manufactured for residential use, with aluminum, wrought iron or steel, chain link, wood and vinyl named as the typical approved materials, and opaque metal of any kind prohibited. Residential wire-type fencing has to be thirteen gauge or thicker. Used or discarded materials in disrepair are out, naming pallets, tree trunks, trash, tires and junk, and so is anything not made for fencing, naming railroad ties, wooden doors and utility poles. Farm fencing, meaning chicken wire, deer fence, hog wire and high-tensile wire strands, is prohibited, with one narrow exception: chicken wire no more than twenty four inches tall may be used in a residential district only to enclose a food-producing garden in a rear yard. Temporary plastic or wood-slat snow fencing is prohibited in every district except as a temporary warning for a special event, a hazard or construction, and has to come down within twenty four hours.
Fences consisting of chicken wire, deer fence, hog wire, high-tensile wire strands, which are normally used in the agricultural, farming, and livestock business, specifically for livestock, animal, or bird control, are prohibited. Exception: In residential districts, chicken wire of no more than 24 inches in height may be used only to encompass rear yard, food-producing gardens.
The answer turns on the district and whether the material was made for residential fencing.
- a residential fence
- Made for residential use, no opaque metal.
- wire fencing
- Thirteen gauge or thicker.
- a vegetable garden
- Two feet of chicken wire. 24 in
- a snow fence
- Down within a day.
Also on materials in Janesville
- set in state lawWisconsin prints a closed list of legal fences and says the builds on it and no others count. Barbed wire and high tensile wire run through most of the list, always above a woven wire or board base, and one build is four or more barbed or high tensile wires at least 48 inches high on steel or wood posts. An electric fence is on the list too, with two extra strings attached. It takes two strands of tightly stretched wire fed by a standard approved electric or battery charger, with the top wire 34 to 36 inches up on insulated posts no more than two rods apart, which is 33 feet. And it counts as a legal fence only where the owners on both sides put their agreement in writing. Wis. Stat. 90.02(1m)(i)Wisconsin · Statute
Livestock and boundary fence law in Janesville
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Wisconsin answers this in its own law. The words that do it are quoted below.
Wisconsin lists the fences that count as legal and says nothing else does. The list runs from woven wire of different widths with barbed or high tensile wire above it, to board fences on posts no more than eight feet apart, to a 48 inch fence of four or more barbed or high tensile wires. Whatever the build, the fence stands at least 50 inches high and its bottom sits no more than four inches off the ground, both measured at the posts.
This one is Wisconsin law, not Janesville law. All Wisconsin findings
Fences shall not be less than 50 inches high, and the bottom of the fence shall be not more than 4 inches from the ground, measurements to be made at the posts.
50 inminimum height of a legal fence, measured at the posts
Also on agricultural fencing in Janesville
- set in state lawIn Wisconsin the fence on the line is the price of a damages claim. An owner who does not keep that fence in repair cannot collect for damage done by a neighbor's animals. Building it does not settle the other side either, because the owner of pigs, horses, sheep or goats still answers for damage those animals do inside the enclosure. Wis. Stat. 90.04Wisconsin · Statute
Documents behind this page
12 documents, of which 1 was published by Janesville itself. Each was read on the date shown.
- Wisconsin LegislatureWisconsin Statutes, Chapter 90, Fences, Section 90.03, Partition fences; when required
- City of JanesvilleJanesville Code of Ordinances, Chapter 42, Zoning, Article X, General Provisions, Section 42-356, Fences
- 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
- Wisconsin State LegislatureWisconsin Statutes, Chapter 62, Cities, Section 62.23, City planning
- Wisconsin LegislatureWisconsin Statutes, Chapter 86, Miscellaneous Highway Provisions
- Wisconsin Department of Safety and Professional ServicesWisconsin Administrative Code, Chapter SPS 320, Uniform Dwelling Code Administration and Enforcement
- Wisconsin Department of Safety and Professional ServicesWisconsin Administrative Code, Chapter SPS 321, Construction Standards
- Wisconsin LegislatureWisconsin Statutes, Chapter 90, Fences
- Wisconsin State LegislatureWisconsin Statutes, Chapter 90, Fences
- Wisconsin State LegislatureWisconsin Statutes, Chapter 90, Fences
What this page does not cover
A city ordinance is not the only rule that reaches a fence. The zoning district a parcel sits in can change the height allowed on it, and so can an overlay district, a recorded easement, a fire hazard severity zone or a coastal zone. A homeowner association can be stricter than the city and nothing in the municipal code will say so. None of those appear here.
The rules above are the ones Janesville publishes, plus the Wisconsin rules that apply where the city sets none. Fence laws in Wisconsin has the state layer in full.
This is general information drawn from published government documents. It is not legal advice, ordinances are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean