Fence laws in Kenosha, Wisconsin
What the Kenosha municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Kenosha sets no rule of its own, the Wisconsin rule is shown in its place and marked as such.
Fence laws in Kenosha, Wisconsin, question by question
The short version
- Who pays on the line
- Kenosha puts no setback on the shared boundary and two setbacks on things a fence can harm, and the answer turns on what stands on the other side of the fence. The figure is 0 feet, for setback from an interior side or rear lot line.
- How tall
- Kenosha allows four feet in a required front yard setback on every kind of residential lot, corner, interior, through and reverse frontage alike, and says plainly that nothing over four feet is permitted there, and the answer turns on the yard, the district and which street the front door faces. The figure is 4 feet, for fence in a required residential front yard setback.
- Permits
- Kenosha requires a fence permit for every fence and then defines the trigger by length rather than by height, and the answer turns on how long a run of fence is going in and what kind it is. The figure is 16 feet, for length of new or replaced fence that triggers a permit.
- Pool barriers
- Kenosha 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
- Kenosha closes every gap most codes leave open in this area, and it does it in one paragraph.
- Corner lots
- The fence code defines its own vision clearance area rather than pointing elsewhere, and it draws it at a minimum of fifteen feet along each lot line from the corner where the property lines meet, and the answer turns on the kind of intersection and whether the Director grants a reduction. The figure is 15 feet, for least distance along each lot line from the corner.
- Retaining walls
- Kenosha 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
- Kenosha writes the most specific material rules in this project, and the answer turns on the yard, the district and whether the material was made for fencing. The figure is 50 percent, for openness required of a residential front yard fence.
- 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 Kenosha?
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Kenosha answers this, but the answer changes depending on what stands on the other side of the fence.
Kenosha puts no setback on the shared boundary and two setbacks on things a fence can harm. A wall or solid fence up to six feet may be maintained along the interior side or rear lot lines, so the line itself is open. Every fence has to stay at least six inches away from a public sidewalk, a small figure that exists so the walk can be cleared and the fence can be maintained from the owner side. The rule that has no equivalent anywhere else in this project is about windows: no fence may be installed in any yard that will shield any window or opening in a habitable space of a dwelling, and a minimum of three feet has to be kept between any solid fence and such a window. It does not say whose dwelling, so it protects the neighbor as well as the owner. The applicant is also responsible for placing the fence inside their own boundaries as determined by survey, and for not diverting storm water onto anyone else.
No Fence shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of three (3) feet shall be maintained between any solid Fence and any such window or opening in a dwelling.
The answer turns on what stands on the other side of the fence.
- an interior side or rear line
- On the line. 0 ft
- a window in a habitable room
- Three feet clear. 3 ft
- a public sidewalk
- Six inches. 6 in
- storm water
- Not diverted onto anyone else.
Also on fences on the property line in Kenosha
- 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 Kenosha?
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Kenosha answers this, but the answer changes depending on the yard, the district and which street the front door faces.
Kenosha allows four feet in a required front yard setback on every kind of residential lot, corner, interior, through and reverse frontage alike, and says plainly that nothing over four feet is permitted there. Side and rear yards get six feet, and a six foot fence may not extend beyond the front of the principal structure or the required building setback, whichever sits further from the road. One case reverses the front yard rule: on a corner lot where the primary entrance faces the street side yard, a six foot fence is allowed in the required front yard setback provided it is no closer than fifteen feet to the street side lot line. Agricultural and farm fences are capped at six feet and confined to agricultural districts. In the business and industrial districts no fence is allowed at all unless it is approved through a conditional use permit or site plan review.
In residentially zoned areas on corner, interior, through and reverse frontage lots, Fences, not exceeding four (4) feet in height, shall be allowed within a residentially required front yard setback area.
The answer turns on the yard, the district and which street the front door faces.
- a required front yard
- Four feet. 4 ft
- a side or rear yard
- Six feet. 6 ft
- a corner lot with the door on the side
- Six feet, fifteen feet back. 15 ft
- a business or industrial district
- No fence without approval.
Also on fence height in Kenosha
- 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 Kenosha?
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Kenosha answers this, but the answer changes depending on how long a run of fence is going in and what kind it is.
Kenosha requires a fence permit for every fence and then defines the trigger by length rather than by height. Installing a fence means constructing, erecting, placing or replacing over sixteen lineal feet, so a permit is not needed for painting, maintenance, or repairing or replacing less than sixteen feet, and it is needed for anything longer whatever its height. The application takes a site plan showing the boundaries, the buildings and the proposed fence with its distances, plus the written consent of the owner where the land is rented. The Director of City Inspections issues it, may attach site specific conditions, and may inspect. The permit expires a hundred and eighty days after issue, with one extension of the same length available for good cause. Five kinds of fence need no permit: snow fencing up to four feet and removed between May and November, agricultural fences, decorative fences up to two feet, underground electric pet fences, and nothing else.
No Person shall install a Fence in the City without first obtaining a Fence Permit and complying in all respects with the terms and conditions and this Ordinance. A Fence Permit shall be valid only for the term of issuance, unless sooner suspended or revoked. A Fence Permit is not required for painting, maintenance, or repair or replacement of less than sixteen (16) lineal feet of a Fence.
The answer turns on how long a run of fence is going in and what kind it is.
- over sixteen feet of fence
- A permit. 16 ft
- a short repair
- No permit.
- snow fence and pet fence
- Exempt.
- the permit itself
- Good for a hundred and eighty days. 180 days
Also on permits in Kenosha
- 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 Kenosha
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Kenosha 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 Kenosha 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 Kenosha
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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 Kenosha 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 Kenosha
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Kenosha answers this in its own law. The words that do it are quoted below.
Kenosha closes every gap most codes leave open in this area, and it does it in one paragraph. Height is measured vertically from the finished grade on the exterior side of the fence, so the neighbor position governs rather than the owner position. Raising the finished grade by placing fill solely to add height is prohibited outright, which makes the intention behind the earthwork part of the test. A fence on a berm is measured from the base of the berm, with the berm included in the fence height, unless the fence is approved through a conditional use permit or site plan review or the Common Council grants an exception. Berms, retaining walls or other methods of raising the site need the Department to approve them before installation. A separate sentence takes care of uneven ground without creating a loophole: a fence is to follow the contour of the ground where practical and adjustments for grade are made at the bottom, so the top line stays uniform.
The height of walls and Fences shall be measured vertically from the finished grade on the exterior side of the Fence. Raising the finished grade by placing fill solely for the purpose of adding additional height to a Fence is prohibited. 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
Also on how height is measured in Kenosha
- 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 Kenosha
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Kenosha answers this, but the answer changes depending on the kind of intersection and whether the Director grants a reduction.
The fence code defines its own vision clearance area rather than pointing elsewhere, and it draws it at a minimum of fifteen feet along each lot line from the corner where the property lines meet. The area is not limited to street corners: it applies where two streets meet, where a street meets an alley or driveway, where a driveway or alley meets a sidewalk, at any other point of vehicular access, and at a railroad. Inside it, no fence may exceed three feet above the mean street grade, and the same three feet is repeated for a side or rear yard fence and again for any part of a corner lot. The Director of City Inspections may waive or reduce the requirement in two named cases: where traffic can safely approach the intersection given the existing traffic control or physical conditions, and where topography or existing buildings make the clearance impractical. The Director also has a standing duty to establish, restore and maintain visual clearance.
Vision Clearance Area means a triangular area on a lot at the intersection of two (2) streets or a street and an alley, driveway, at the intersection of a driveway/alley and sidewalk, other point of vehicular access or railroad, two (2) sides of which are lot lines measured from the corner intersection of the property lines to a minimum distance of fifteen (15) feet from their intersection.
The answer turns on the kind of intersection and whether the Director grants a reduction.
- the size of the triangle
- Fifteen feet, at least. 15 ft
- a fence inside it
- Three feet above the mean street grade. 3 ft
- a driveway or an alley
- The same rule applies.
- difficult ground or a safe approach
- The Director may reduce it.
Also on corner visibility in Kenosha
- 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 Kenosha
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Kenosha 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 Kenosha 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 Kenosha
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Kenosha answers this, but the answer changes depending on the yard, the district and whether the material was made for fencing.
Kenosha writes the most specific material rules in this project. A side or rear yard fence has to use materials suitable for residential-style fencing, with brick, fieldstone, wrought iron, vinyl, chain link at a minimum of nine gauge with a top rail, stockade and board-on-board wood given as examples. A front yard fence has to be fifty percent see-through and of split rail, wrought iron or picket design, and four foot chain link is named and excluded there. Used or discarded materials in disrepair are out, with pallets, tree trunks, trash, tires and junk listed, and so is anything not manufactured for fencing, naming railroad ties, wooden doors, landscape timbers and utility poles. Electric and razor wire fences are prohibited, as is any wire fence with the cut end exposed at the top, a fence made only of posts, and an unfinished one. Barbed wire is confined to the two manufacturing districts, three strands above a six foot fence, and never along a line abutting a residential area.
No Person shall construct, use or maintain any barbed wire Fence on residential, business or institutionally zoned property. Barbed wire Fences may be installed in M-1 or M-2 Zoning Districts under circumstances whereby no more than three (3) strands of barbed wire are horizontally situated above a Fence of boards or woven wire not less than seventy-two (72) inches in height, excluding the barbed wire.
The answer turns on the yard, the district and whether the material was made for fencing.
- a side or rear fence
- Residential-style materials, nine gauge chain link.
- a front yard fence
- Half open, split rail, iron or picket. 50%
- barbed wire
- M-1 and M-2 only, three strands up high. 3 strands
- railroad ties and pallets
- Not fencing material.
Also on materials in Kenosha
- 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 Kenosha
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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 Kenosha 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 Kenosha
- 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 Kenosha itself. Each was read on the date shown.
- Wisconsin LegislatureWisconsin Statutes, Chapter 90, Fences, Section 90.03, Partition fences; when required
- City of KenoshaKenosha Zoning Ordinance, Section 16.0, Fence Code
- 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 Kenosha 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