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Bangor, Village www.villageofbangor.com William (BJ) 608-617-3948 Based on footage Yes/Drawing 608-486-4744

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Black River Falls, City www.blackriverfalls.us Adam 608-697-7774 $83 Yes/Drawing 715-284-1777

BUILDING CODE 14.10 14.10 FENCES.

(1) PERMIT REQUIRED.  No person shall construct, erect, reconstruct, alter, move or enlarge any fence within any residential area within the City limits without obtaining a permit from the Building Inspector.  No permit shall be issued unless the proposed fence complies with the requirements of this section.

(2) FENCE LOCATION AND HEIGHT. (a) Residential Uses.  Fences up to 6 feet in height are permitted in any yard area follows:

  1. Back and Side Setback.  Fences may be constructed on the property line.
  2. Front Setback.  No fence shall be constructed closer to the front of any residential lot than the front yard setback as established by ch. 17 of this Code.  In those instances where a building has been “grandfathered” so as to be located in front of the required setback, fencing shall be permitted up to the point of the front building line of the principal building.  (b) Alley Right of Way. No fence may be constructed within 10 feet of any alley right of way. (c) Vision Triangle.  No fence shall be constructed in such a manner as to interfere with the vision triangle established in ch. 17 of this Code.  Any fence constructed within such vision triangle shall be limited to 2-1/2 feet in height.

(3) FENCE CONSTRUCTION REQUIREMENTS. (a) Fence Materials.  Fences may be constructed of approved materials such as commercial fence materials, concrete block or treated lumber, but may not include sheet metal, salvage materials or barbed wire, or be electrified.  (b) Finish.  A wood or screening fence shall be installed in such a manner so that it has a finished surface that faces the exterior of the lot upon which the fence is located.  In this paragraph, “finished surface”  means that side of the fence which does not contain any exposed supporting posts or framing members, provided that, in the case of a double-sided fence where an equal amount of supporting posts and framing members are visible on both sides of the fence, each side shall be considered to be a “finished surface”.

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Brownsville, City www.brownsvillemn.org Casey 507-482-6732 $25.00 Yes/Drawing 507-482-6254

§ 150.046 FENCES, WALLS, AND HEDGES.
(A) Location. The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth which may cause danger to traffic on the street or public road by obscuring the view.
(B) Residential fences. The following fences, walls, and hedges may be constructed in any residential district.
(1) A wall, fence, or hedge up to 42 inches high may occupy any part of a residential lot.
(2) On all residential lots except corner lots, a wall, fence, or hedge up to six feet high may be erected on any portion of the lot except the front yard. On corner lots, a wall, fence, or hedge up to six feet high may be erected on any portion of the lot except a front yard on which the primary entrance of the principal structure on the lot is located.
(3) A wall, fence, or hedge more than six feet high may be erected on the portion of the lot described in this division (B) (2) above after first obtaining a special use permit if the fence would not be detrimental to the neighborhood and would not endanger the public health, safety, or general welfare.
(C) Non-residential fences. In non-residential zoning districts, a wall, fence, or hedge not exceeding eight feet in height may be erected without a special use permit on any part of the lot. A wall, fence, or hedge exceeding eight feet in height or a security arm may be erected after first obtaining a special use permit if a wall, fence, hedge, or security arm would not be detrimental to the neighborhood and would not endanger the public health, safety, or general welfare.
(D) Swimming pools. All private, permanently installed swimming pools shall be completely and securely enclosed by a chain link or similar fence.
(E) Maintenance. Every property owner shall maintain all walls, fences, and hedges located on that person’s property on both sides, so that the walls, fences, and hedges do not constitute a nuisance to neighboring property owners or a danger to public health, safety, or welfare.
(F) Definitions. For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
HEIGHT. The height of a wall, fence, or hedge shall be determined by measuring the distance from the ground at the base of the wall, fence, or hedge to the top most point of the wall, fence, or hedge.
SECURITY ARM. A portion of a fence extending above the main portion of the fence and consisting of strands of barbed wire or other similar materials.
(G) Permits. A building permit shall be obtained from the Clerk for any fence installed for any purpose prior to installation of same. A site plan showing the location of the fence shall be submitted with the permit application.
(H) Notice to neighbors. Any application for a building permit to construct a fence shall, at least five days prior to submitting the application for building permit for constructing of the fence, be given to all surrounding property owners by the applicant.
(I) Location. All fences shall be located entirely upon the property of the fence owner unless the owner of the adjoining property agrees in writing that the fence may be erected on the property line of the respective parties. This agreement shall be submitted at the time of the building permit application. If the adjoining property owner does not agree to the erection of the fence, the fence shall be set back two feet from all lot lines.
(J) Non-conforming fences. Any property owner with a current non-conforming fence shall have a period of two years from and after the passage of this chapter to bring the fence into conformity with this chapter.
(K) Construction of fence. All fences shall be constructed and maintained in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to the used. Every fence shall be constructed so that the side containing the framing supports and cross pieces face the interior of the fence owner’s lot. Any fence which does not comply with the provisions of this chapter or which endangers the public safety, health, or welfare shall be considered a public nuisance.
(L) Electric and barbed wire fence. Electric fences may not be used and such material as hog wire fencing and barbed wire fencing will not be allowed.
(Ord. #69, passed 11-5-1997) Penalty, see § 150.999

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Caledonia, City www.caledoniamn.gov Casey 507-725-3462 $25.00 Yes/Drawing 507-725-5258

§ 153.189. – FENCING.

(A)

(1) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Fence. Any partition, structure, wall or gate erected within the required yard.

(2) All boundary line fences shall be entirely located upon the property of the person, firm or corporation constructing, or causing the construction, of the fence unless the owner of the property adjoining agrees, in writing, that the fence may be erected on the division line of the respective properties. The Zoning Administrator may require any applicant wishing to construct a fence to establish the boundary lines of this property by a survey thereof to be made by any registered land surveyor.

(3) Fences shall not exceed six feet in height in residential districts or eight feet in height in commercial-industrial districts. Fences higher than these shall require a conditional use permit.

(B)

The use of barbed wire as a fencing material on fences erected and maintained in the city is prohibited except barbed wire may be used:

(1) In agricultural districts, except on boundaries between agricultural and other districts;

(2) On aprons only of security type fences enclosing public municipal facilities; and

(3) On aprons only of security type fences in industrial districts.

(Ord. 164, passed 9-14-1982; Am. Ord. 172, passed 4-22-1985)

§ 153.194. – PERMITTED ENCROACHMENTS.

The following shall be considered as permitted encroachments on setback and height requirements, except as provided in this chapter.

(A) In any yard: posts, off-street open parking spaces, flues, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies, steps, chimneys, flag poles, ornamental features, open fire escapes, sidewalks and fences and all other similar devices incidental and appurtenant to the principal structure, except as hereinafter amended.

(B) Decks, patios and the like are also exempted from the rear yard setback requirements, except that these may not be located closer than 20 feet from the property line.

(Ord. 164, passed 9-14-1982; Am. Ord. 208, passed 4-9-2001)

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Campbell, Town www.townofcampbell.org Cassandra 608-783-0050 $35 Yes/Drawing 608-779-9396

ORDINANCE NO 2020-3
An Ordinance to amend Article VI Section 8 of the Town of Campbell Code of Ordinances related to fences and hedges
SECTION I: Section 8 is hereby amended and reads as follows:
• ARTICLE VI. – FENCES AND HEDGES
• Sec. 8-135. – Fences defined.
For the purpose of this section, a fence is herein defined as an enclosed barrier consisting of vegetation, wood, stone, vinyl, brick, fieldstone, wrought iron, chain link (with a minimum thickness of nine gauge and required top rail support) or metal intended to prevent ingress or egress.
Open means a fence in which openings between the materials of which the fence is constructed represent not less than 40 percent of the total surface of the fence when viewed perpendicular to the face of the fence.
For the purpose of this section, the term “fence” shall include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance. No fence shall be constructed of used or discarded materials including, but not limited to: railroad ties, pallets, tree trunks, trash, tires, junk, or other similar items not specifically manufactured for fencing.

(Ord. No. 2016-2, § 1, 11-9-2016)

• Sec. 8-136. – Fence regulations.
(a) Permit required.
• No fence shall be erected or totally replaced without first obtaining a Town of Campbell fence permit and paying the applicable fee as determined by the Town of Campbell Fee Schedule.
(b) Fence heights.
(1) Fences in residential districts shall not exceed a height of six feet in rear and side yards, unless allowed through an issued conditional use permit. Fences in the street yard shall be “open” and shall not exceed a height of four feet.
(2) Fence heights for street yard in non-residential zoning districts shall be determined through site plan review and/or review by the zoning administrator.
(3) Fences in commercial and industrial zoning districts may not exceed eight feet in height in the rear or side yard.
(4) Fences in public and semi-public zoning districts may not exceed six feet in height in the rear or side yard. Fences associated with athletic fields and tennis courts may be erected in conformance with industry standards.
(5) Fence heights may be measured from a point up to three inches above ground elevation to the top of fence.
(6) In the event that a fence is placed on top of a retaining wall or similar structure and shares a vertical support system, the height of the fence shall include the height of both structures. If the fence and the retaining wall have independent vertical support structures, the fence and retaining wall heights may be measured separately.

(b) Fence setbacks.
(1) Fences in residential districts may be placed up to the lot line in rear and side yards. Fences shall not be closer than three feet to any public right-of-way, unless it is a decorative style fence less than three feet in height. All permanent fences shall be located outside of the public right-of-way.
(2) Vision clearance requirements. Fences shall not encroach into any vision corner. No fence, structure, post, pillar, or object of natural growth shall be maintained or allowed to grow higher in the vision clearance area than 36 inches above the highest grade of the adjacent road or alley. Obstruction to visual clearance shall be deemed a nuisance and the Town of Campbell Police Department is authorized to abate said nuisance and enforce penalties as authorized in Sections 18-26 and 18-27 of the Town of Campbell Code of Ordinances.
(3) Fences in all non-residential zoning districts adjacent to public rights-of-way shall be set back a minimum of three feet or comply with the specified zoning district street yard setback; whichever is less. Fences may be placed up to the lot line in rear and side yards.
(4) Property owners shall locate fences no closer than three feet from the property line so that each side of the fence may be properly maintained by the owner of the fence while on said owner’s property, unless an affidavit in
recordable form is provided signed by the adjacent property owner agreeing to maintain the opposite side of the fence or agreeing to permit the owner of the fence to maintain said fence. This requirement can be waived if a maintenance-free fence is installed.
(5) In the case of a proposed fence installation within three feet of a lot line where no record of a fence existed, a survey prepared by a registered land surveyor or professional engineer is required to obtain a fence permit. No survey is required if a recordable affidavit signed by all affected property owners establishing an agreed-upon lot line.
(6) Obstruction of ingress/egress area of a dwelling. 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 six feet shall be maintained between any solid fence and any such window or opening in a dwelling.
(a) A fence may be permitted adjacent to a required ingress/egress opening of a dwelling between four feet and six feet if the fence has one of the following features:[1] For basement ingress/egress openings, the fence opening or gate shall be the width of the ingress/egress opening or four feet, whichever is greater, with no ability to lock or secure said gate, or a four-foot-wide approved breakaway fence panel and the area on both sides of the gate/fence shall continuously be free from all obstruction, including vegetation and snow and ice buildup, and shall swing or break away in the direction of egress.[2] For ingress/egress opening above grade, the fence opening or gate shall be the width of the ingress/egress opening or four feet, whichever is greater, with no ability to lock or secure said gate, or a four-foot-wide approved breakaway fence panel, or the top of the fence shall be no taller than the bottom of the sill of the ingress/egress opening, and the area on both sides of the gate/fence shall continuously be free from all obstructions, including vegetation and snow and ice buildup, and shall swing or break away in the direction of egress.

(Ord. No. 2016-2, § 1, 11-9-2016)

• Sec. 8-137. – Prohibited fences.
No fence shall be constructed which is in a dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire, provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed
wire to the fence are ten feet above the ground or height and project toward the fenced property and away from any public area. No fence shall be constructed or maintained which creates a hazard to users of the street or sidewalk or to nearby property.
(Ord. No. 2016-2, § 1, 11-9-2016)

• Sec. 8-138. – Fences to be repaired.
All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(Ord. No. 2016-2, § 1, 11-9-2016)

• Sec. 8-139. – Temporary fences.
Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. Temporary fences shall not be erected for more than 45 days.

(Ord. No. 2016-2, § 1, 11-9-2016)

• Sec. 8-140. – Nonconforming fences.
Any fence existing on the effective date of this Code of Ordinances and not in conformance with this section may be maintained, but no alteration, extension, modification or improvement of said fence shall occur, unless installed in conformance with this section.

(Ord. No. 2016-2, § 1, 11-9-2016)

SECTION II. This Ordinance shall take effect and be in force from and after its passage and publication as required by Section 60.80 of the Wisconsin State Statutes.
Dated this 14th day of July, 2020
Town of Campbell

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Coon Valley, Village www.villageofcoonvalley.com Vincent 608-487-4642 N/C Yes/Drawing 608-452-3242

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Decorah, City www.decorahia.org Greg 563-382-3651 $30 Yes/Drawing 563-382-6525
17.08.265 – Fence.

“Fence” means any permanent partition, structure, or gate erected as a dividing marker, barrier, or enclosure encircling either wholly or any portion of any area.

(Ord. No. 1175, § 1, 8-17-2015)

17.16.135 – Fences.

It shall be unlawful for any person, firm, or corporation to construct or cause to have constructed any fence upon any property within the corporate limits of the City of Decorah, except in accordance with the requirements and restrictions herein provided.

A.

Permit Required. A fence permit, approved by the zoning administrator, shall be required before the erection, construction, alteration, placing, or locating of all fences conforming to this title. Application for such permit shall contain any and all information, including drawings, required and necessary for the determination of whether the erection of such fence would be contrary to the provisions of this title. Any permit issued under the provisions of this title in which construction has not been completed within six months from the date of issuance shall expire.

B.

[Definitions.] For the purpose of this section, certain terms are herewith defined as follows:

“Adjacent Grade” means the average grade measured at a point three feet on each side of the fence. In the case of a fence on a retaining wall, adjacent grade shall be the grade of the top of the wall.

“Fence” means any permanent partition, structure, or gate erected as a dividing marker, barrier, or enclosure, including hedges or living bushes or shrubs, encircling either wholly or any portion of any area.

“Height” means the average distance between the top element in the fence and the adjacent grade over a straight section of fence with no corners.

“Protective measures fence” means a fence erected for the express purpose of protecting an enclosed area and the property therein, or a fence intended to deny access to a dangerous property or location.

C.

Requirements Applicable to All Fences.

1. All fences must be located on the private property of the person, firm, or corporation constructing the fence and shall not extend toward the street beyond the front property line.

2. Fences shall be constructed with boards, chain link construction, stone or other suitable material firmly connected to posts sunk in the soil at a depth necessary to properly support the fence.

3. Except where partition fences between two properties may be erected by written agreement between the owners thereof, the boards, chain link, or other material used in the building of a fence shall be fixed to that side of the posts nearest to the property line.

4. No fence shall be constructed, maintained, or placed on any property of metal construction or otherwise, which is charged or connected with an electrical current in such manner as to transmit said current to persons, animals, or things which intentionally or unintentionally might come in contact with it.

5. Barbed wire is prohibited except as permitted by the zoning administrator on approved protective measures fences.

6. Where a fence is made up of individual strands of wire, rope, or similar material smaller than one inch in width, thickness, or diameter, the strands must be strung between posts parallel with the grade of the land, must be evenly spaced between the top and bottom of the posts, and must be no more than six inches apart.

7. No fence located at a street intersection may exceed four feet in height within a clear vision triangle formed by measuring twenty-five feet along each property line from the corner of the right-of-way.

8. Concertina wire, and similar types of fence with sharp edges designed to injure, are prohibited.

D.

Special Purpose Fences.

1. Protective Measures Fence. A protective measures fence may only be erected upon a finding by the board of zoning appeals of the need for such fence. The applicant does not need to demonstrate hardship, only the need for the fence. In approving such a fence, the administrator shall determine that the definition of a protective measures fence is met and that there is no reasonable alternative to the erection of the fence. A protective measures fence shall not exceed ten feet in height in the M Industrial districts, ten feet in height in the C Commercial districts, and eight feet in height in all other districts. The owner of a protective measures fence may be granted permission to erect necessary and reasonable barriers along the uppermost edge of such fence including barbed wire.

E.

Maintenance Required. Fences must be maintained so as not to endanger life or property. Any fence which, through lack of repair, type of construction, or otherwise, imperils life or property, shall be deemed a nuisance and Chapter 8.04 shall apply.

F.

Unsafe Fences. Fences containing barbed wire, concertina or similar wire, individual strand fences not meeting the spacing requirements or specifications of a special purpose fence, and electric fences are hereby declared hazardous to public safety. The zoning administrator may order the removal of such fences.

(Ord. No. 1175, § 1, 8-17-2015)

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Galesville, City www.cityofgalesville.com Joe 608-790-3975 $50.00 Yes/Drawing 608-582-9995

SEC 13-1-143 FENCES AND HEDGES

(a) Fences Defined. For the purpose of this Section, a “fence” is herein defined as an enclosed barrier consisting of vegetation, wood, stone or metal intended to prevent ingress or egress. For the purpose of this Section, the term “fence” shall include planting, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(b) Fences Categorized. Fences shall be categorized into five (5) classifications.

(1) Boundary Fence. A fence placed on or within three (3) feet of the property lines of adjacent properties.

(2) Protective Fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(3) Architectural or Aesthetic Fence. A fence constructed to enhance the appearance of the structure or the landscape.

(4) Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

(5) Picket Fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

(c) Height of Fences Regulated.

(1) Residential fences less than six (6) feet in height are permitted on rear and side lot lines. Residential fences less than or equal to four (4) feet in height are permitted in the street yard but shall not be closer than two (2) feet to any public right-of-way and shall be subject to the requirements of Section 13-1-90. Residential fences equal to or greater than six (6) feet shall require a conditional use permit. All fences must be constructed and maintained in a good state of repair and appearance.

(2) No fence, wall, hedge or shrubbery shall be erected, placed, maintained or grown along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight (8) feet.

(d) Setback for Residential Fences: Amendment by Agreement.

(1) Fences in or adjacent to a residential property shall have minimum three (3) foot side and rear yard setback unless otherwise agreed in accordance with Subsection (2). Fences may be constructed alongside lot lines but shall not extend into the front setback area as extended to the side lot lines.

(2) Residential fences may be constructed closer than three (3) feet to the lot line if the owners of the residential property and the owners of the adjacent property or properties so agree, in writing. The agreement must be prepared in a form which permits it to be recorded in the Trempealeau County Register of Deeds, shall be signed by all of the owners of the residential property and the adjacent property or properties and shall contain, at a minimum, the legal descriptions of the residential property and the adjacent properties, the specific agreement as to the location of the fence, the duration of the agreement and whether the agreement is personal to the residential owners or shall run with the land. The original agreement shall be recorded in the Trempealeau County Register of Deeds and a photocopy of the recorded original shall be filed with the City Clerk. All of the requirements of this Subsection shall be conditions precedent to the issuance of a building permit for the constriction of the fence or the actual construction of the fence.

(d) Security Fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed ten (10) feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(e) Prohibited Fences. No fence shall be constructed which is in a dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire, provided, however, the barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are ten (10) feet above the ground or height and project toward the fenced property and away from any public area.

(f) Fences to be Repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(g) Temporary Fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four (4) foot intervals. Such fences shall comply with the setback requirements set forth in this Section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than forty-five (45) days.

(h) Nonconforming Fences and Hedges. Any fence or hedge existing on the effective date of this Code of Ordinances and not in conformance with this Section may be maintained, but no alteration, modification, or improvement of said fence shall comply with this Section.

SEC. 13-1-90 TRAFFIC VISIBILITY

(a)  On a corner lot in all zoning districts, no fence, wall, parking, vegetation, hedge, planting or structure shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of two and one-half (2-1/2) feet and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining the points along said street lines fifteen (15) feet from the point of intersection.

(b)  In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to thirty (30) feet.

(c)  This regulation shall not apply to the trunks of trees and posts not over six (6) inches square or in diameter.

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Holmen, Village www.holmenwi.com Stephanie 608-526-4336 $150.00 Yes/Drawing 608-526-4357

(1)Fences Defined. For the purpose of the section, a fence is herein defined as a barrier consisting of vegetation, wood, stone, vinyl, brick, fieldstone, wrought iron, or metal intended to prevent ingress or egress.  For the purposed of this section, the term fence shall include planting, such as hedges and shrubbery in the front yard.  No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(a)  Fences to be situated in side and or rear yards shall be constructed using materials suitable for  residential-style fencing, including but not limited to , brick fieldstone, wrought iron, vinyl, chain-link with a minimum thickness of nine (9) gauge and a required tip rail support stockade or board on board wood.

(b)  No fence shall be constructed of used or discard materials in disrepair, including, but not limited to pallets, tree trunks, trash, tires, junk, or other similar items.  Materials not specifically manufactured for fencing, such as, but not limited to, railroad ties, doors, landscape timbers or utility poles shall not be used for, or in the construction of a fence.

(c)   Agricultural/farm fences shall only be permitted in agriculturally zoned or used districts and can only exceed (6) feet with a conditional use permit.

(d)  Fences associated with baseball and or softball fields and surrounding tennis courts may be erected in conformance with accepted industry standards.  A fence permit shall be required for such installation

(2)Fences Categorized. Fences shall be categorized into (6) classifications:

(a)  Boundary Fence. A fence placed on or within three (3) feet of the property lines of adjacent properties.

(b)   Protective Fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(c)    Architectural or Aesthetic Fence. A fence constructed to enhance the appearance of the structure or the landscape.

(d)  Hedge. A row of bushes or small trees planted close together which may form a barrier enclosure or boundary in the front yard.

(e)   Picket Fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp point pointing upward to form a part of the fence.

(f)    Dog Kennel Fence. A chain link enclosure which is enclosed on three or four sides in the side or rear yard of a property.

(3)Height and Set Back of Fences Regulated.

(a)  Residential fences are permitted up to the property lines in Residential Districts but shall not in any case, exceed a height of six (6) feet in the rear and side yards, shall not exceed four (4) feet in height in the front yard, shall not exceed four (4) feet in height from grade in the front, side, or rear yard setback abutting a public sidewalk, shall not encroach into any vision corner and shall not be closed than three (3) feet to any public right-of-way along a public alley.  The height of any fence shall be measured as an average and shall not include the posts or pillars to which a fence is attached.

(I)   Decorative wrought iron, brick, stone, PVC or painted picket style fences less than 48 inches (average) in height from grade or decorative lot corner landscape may be placed up to the property line in residential districts and shall not violate vision corner ordinances.

(2)   Chain link and unpainted/unstained fencing is not permitted in residential front, side or rear yards abutting a public sidewalk.

(3)   A fence located in an interior side yard between dwellings shall not exceed (4) feet in height.  However a fence may be erected to a height of six (6) feet if the entire fence is constructed of wrought iron or similar open construction or if the area above four (4) feet is a least fifty percent (50%) open.  An example of the latter is a fence that is opaque to a height of four (4) feet from the side wall of that adjacent neighboring dwelling.

(4)   A fence located in a rear yard abutting a public sidewalk may be erected to a height of  six (6) feet if the entire fence is constructed of wrought iron or similar open construction or if the area above four (4) feet is at least fifty percent (50%) open.  An example of the latter is a fence that is opaque to a height of four (4) feet and is topped with not more than two (2) feet of lattice.

(5)  All fences must be constructed and maintained in a good state of repair and appearance.  The finished side or decorative side of a fence shall face adjoining property.

(b)  No fence wall, hedge, or shrubbery shall be erected, placed maintained or grown along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight (8) feet.

(c)   Property owners shall locate fences no closer than three (3) feet from the property line so that each side of the fence may be properly maintained be the owner of the fence while on said owners property, unless an affidavit in recordable form is provided signed by the adjacent property owner agreeing to maintain said fence.  This requirement can be waived if a maintenance free fence is installed.

(d)  In the case of a proposed fence installation within three (3) feet of a lot line where not record of a fence existed, a survey prepared by a registered land surveyor or professional engineer is required to obtain a fence permit.  No survey is required if a recordable affidavit signed by all affected property owners establishing an agreed upon lot line.

(4) Fences on non-residential property.  Fences are permitted on the property lines, following approval through site plan and architectural review per article XVI of the village code, in all commercial and industrial zoning districts but in no case shall not exceed a maximum of eight (8) feet in height in commercial zoning districts and ten (10) feet in height in industrial districts.  Ultimately all fence materials, heights and locations shall be determined through the processes outlined in article XVI.

(5) Prohibits fences.  No fence shall be constructed which is in a dangerous condition or which conducts electricity or is designed to electrically shock or which uses barbed wire provided however if the devices securing the barbed wire to the fence are no more than ten (10) feet above grade and project toward the fenced property and away from public area.

(a)  No person shall construct or install:

(1)  Any wire or chain-link type fence with the cut or salvage end of the fence exposed at the top

(2)  A fence which creates a hazard to users of the street, sidewalk or to nearby property

(3)  An incomplete fence consisting only of posts and supporting members

(4)  A fence on a vacant lot or parcel

(6) Fences to be repaired.  All fences shall be maintained and kept safe and in a state of good repair and the finished side or decorative side of a fence shall face adjoining property

(6) Temporary Fences.  Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four (4) foot internals.  Such fence shall comply with the setback requirements set forth in this section.  The issuance of a permit shall not be necessary for temporary fences as described herein but said fences shall not be erected for more than forty-five project, shall only be for the duration of said construction project.

(8) Nonconforming Fences and Hedges.  Any fence or hedge existing on the effective date of this code of ordinances shall not be modified, enlarged, extended or replaced, except in strict compliance with all of the requirements of this ordinance.  The replacement of a non-conforming fence as to height , setbacks (vision corner requirements shall still be met) or fence material type may be made provided that the fence material be the same or higher grade as outlined below:

Ascending Order of Fence Types

                        1.           Chain link

                        2.          Chain link with PVC coating

                        3.         Stained treated wood

                        4.         Cedar

                        5.         Vinyl

                        6.         Wrought iron or aluminum

                        7.        Field stone or brick (does not include split face block)

(9) Fences required under conditional use permits.  An opaque fence of six (6) feet in height may be required on property for which a conditional use permit is granted in those cases in which such a fence is determined to be beneficial to the health, safety, or welfare of the public or adjoin property owners.  Such fence shall comply with material requirements as specified hereunder.

(10) Permit Required.  A village of Holmen fence permit is required for any newly installed fence or for a total fence replacement.  A fence permit fee shall be paid at the rate established in the annual fee schedule, commercial, industrial or multi- family fences must adhere to article XVI of the Village Code.

(11) Vision Clearance.  No fence, structure, post, pillar or object of natural growth shall hereafter be maintained or allowed to grow higher in the vision clearance area than thirty-six (36) inches above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists.  This provision shall likewise apply to alley vision clearance areas.

(a) The requirement of vision clearance shall not apply at a height of six (6) feet or more above   the highest grade of adjacent sidewalk or the required sidewalk grade where no sidewalk exists.

(b) Objects of narrow width, which do not exceed then (10) inches in diameter, which do not impair corner vision, may at the discretion of the inspection Department be permitted in the vision clearance area.

(c) Right of way. All permanent fences shall be located outside the public right of way.

(d) Public Nuisance. Obstruction to visual clearance as regulated by this section, shall be deemed to be a public nuisance and the Inspection Department, Police Department and Village Attorney are authorized to abate said nuisance, and to enforce penalties in accordance with section 195-53 of the Village Code.

(12) Obstruction of Ingress/Egress Area of a Dwelling. 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 six (6) feet shall be maintained between any solid fence and any such window or opening in a dwelling.

(a)  The fire department and inspection department may approve a fence adjacent to a required ingress/egress opening of a dwelling between four (4) feet and six (6) feet if the fence has one of the following features:

(1) For basement ingress/egress openings or gate shall be the width of the ingress/egress opening or four (4) feet whichever is greater with no ability to lock or secure said gate, or a four (4) foot wide approved breakaway fence panel and the area on both sides of the gate/fence shall continuously be free from all obstruction including vegetation and snow and ice buildup and shall swing or break away in the direction of egress.

(2) For ingress/egress opening above grade, the fence opening or gate shall be the width of the ingress/egress opening or four (4) feet whichever is greater with no ability to lock or secure said gate, or four (4) foot wide approved breakaway fence panel, or the top of the fence shall be no taller that the bottom of the sill of the ingress/egress opening and the area on both sides of the gate/fence shall continuously be free from all obstructions including vegetation and snow and ice buildup and shall swing or breakaway in the direction of egress. 

(13) Fences permitted without a permit.  The following types are permitted, as specified, without a permit, subject to the following restrictions and providing that said fence does not in any way interfere with traffic visibility or block redirect or cause a drainage problem for the adjacent or downstream properties.

(a) Snow fencing shall be permitted in all districts not exceeding four (4) feet in height provided it is removed between April 1 and December 1 of each year.  No snow fence shall extend into the street right of way line unless installed by the Village or a contractor having a building permit from the Village.

(b) Agricultural/farm fences are limited to agriculturally zoned or used districts.  An agricultural/farm fence is a fence consisting of chicken wire, deer fence, hog wire, high tensile, wire strand and barbed wire used in the agricultural, farming and livestock business specifically for livestock, animal and bird control.

(c) Fences not exceeding two (2) feet in height shall be permitted in all district. Such fences shall not be place in any manner which presents a hazard to pedestrians on any public or private sidewalk.

(d) Underground electrical fences are permitted in all districts.

(14) Penalties.  Any person, firm or corporation who or which violates, disobeys, neglects, omits or refuses to comply with or who or which resists the enforcement of any of the provisions of this section shall be subject to penalties per section 195-53 of the Village Code.

Section 2. Effective date. This ordinance shall become effective on the date of passage following publication: May 9, 2013

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Houston, City www.houston.govoffice.com Michelle 507-896-4033 N/C unless fence is over 6′ Yes/Drawing 507-896-3643

§ 151.45 APPLICATION.
The requirements of this subchapter shall apply to all new or replacement fences, walls, or shrubbery erected or installed from and after the effective date of this subchapter, but shall not apply to the mere repair of existing fences.

§ 151.46 GENERAL REQUIREMENTS.
(A) All fences of more than 30 inches in height shall require a permit.
(B) No fence shall contain barbed wire.
(C) No fence shall be charged with electric current, except within an agricultural district.
(D) No fence, wall or other obstruction to vision above a height of 30 inches from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of 25 feet from their point of intersection.
(E) Fences must be maintained so as not to endanger life or property and any fence which, through lack of repair, type of construction or otherwise, that imperils health, life or property or the well-being of a neighborhood shall be deemed a nuisance.
(F) All fences must be located on the private property of the person, firm or corporation constructing the fence.
(G) All fences must comply with all other requirements of law or this code as it applies to fence installation and materials.
Penalty, see § 151.99

§ 151.47 RESIDENTIAL REGULATIONS.
(A) Prohibited material. No fence or wall shall be constructed of any electrically charged element or barbed wire. Chained link fence is prohibited in the front yard (Houston Ord. 216).
(B) Approved material. All fences in residential districts shall be constructed of stone, brick, finished wood, or vinyl. Chained link fence is allowed in the side or rear yard only (Houston Ord. 216). The finished side of the fence, or that side of the fence without exposed support or posts, shall face the neighboring property or streets.
(C) Side and rear yard requirements. No fence or wall located in a side or a rear yard shall be of height exceeding six feet, measured from its top edge to the ground at any point (Houston Ord. 216).
(D) Front yards. No fence or wall located in a front yard shall be of height exceeding 42 inches (Houston Ord. 216).
(E) Maintenance. Every fence or wall shall be maintained in a good and safe condition at all times. Every damaged or missing element of any fence or wall shall be prepared or replaced immediately.
(F) Setbacks. No fence may be located less than 18 inches from a property line unless the adjacent property owner agrees to a lesser setback (Houston Ord. 216). No fence, wall, hedge or other screening device shall be permitted to encroach on any public right-of-way.
Penalty, see § 151.99

§ 151.48 VARIANCE.
Any deviation from the provisions of this subchapter shall require a variance. If a variance is requested, the variance shall be considered in accordance with the zoning variance procedures and fees for this variance will be in accordance with the zoning variance fee.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
La Crescent, City www.cityoflacrescent-mn.gov Shawn 507-895-4409 $15.00 Yes/Drawing 507-895-8694

The following information must be submitted to the building department before a fence permit can be processed and approved; more detailed information is listed below.

 Permit Application Form

 After a preliminary review, additional information may be required.

 Permit Application Form:  Application forms are available for all fences that are to be installed in the City of La Crescent.

General Information

When is a Fence Permit required?  A fence permit is required for all fences that are to be installed in the City of La Crescent.

Required Inspection:  A fence inspection is required when the fence is complete.  For all inspections call 507-895-4409, 24 hours in advance.  If there are any questions as to property line, please call the Public Works Department.  In all cases, the city of La Crescent shall not be liable for the established or definition of property lines.

FENCES IN RESIDENTIAL DISTRICTS

  1. Front yard fences may be solid or open and shall not exceed four feet in height.
  2. Rear and side yard fences located behind the front yard setback (25’) may be solid or open and shall not exceed six feet in height.
  3. All fences shall be constructed of durable, weather-resistant materials and properly anchored.
  4. Electric and barbed wire fences are prohibited.
  5. Fences shall be chain link, wood, wrought iron, aluminum, steel or masonry, constructed from commercially available materials.  Wooden fences shall not be constructed from twigs, branches, doors, siding, or other wooden products originally intended for other purposes.
  6. Fences shall in no way detain or inhibit the flow of surface water drainage to and from abutting properties.
  7. Front yard fences shall be designed and constructed in such a manner so as not to unreasonably obscure the sight distance of vehicles accessing the street from driveways on the subject property or from adjacent properties.
  8. Fence heights shall be measured from the adjoining natural ground.
  9. Fences installed on tip of retaining walls shall be limited to maximum of 42” high.
  10. All fenced areas shall be accessible through at least on gate having a minimum width of 3’.
  11. All chain link fences shall have a top rail, barbed ends shall be placed at the bottom of the fence and posts shall be spaced at intervals not to exceed 8’.  For wooded fences, post spacing shall not exceed 8’.
  12. Fences shall be installed such that the finished side faces abutting properties.  The finished side shall be the side that provides maximum coverage of posts and stringers.  Board-on-board, basket weave fences and similar design shall be deemed to have two finished sides.

Please be advised that the city considers a fence to be structure, therefore the fence needs to meet the requirements of the Minnesota State Building Code including design standards to withstand wind.

Fees:  The fee is $15.00

Questions:  If you have any questions, please contact the Building Department, Monday through Friday,

8 a.m. to 5:00 p.m. at 507-895-4409 or write to Shawn Wetterlin Building Official, 315 Main Street, City of LaCrescent, Minnesota, 55947.

Fences in Agriculture, Commercial and Industrial Districts

  1. All fences must have gated or open areas to allow access for fire emergency vehicles, (minimum 20’ to a point within 150’ of all portions of the building); per Section 503 of the City of La Crescent fire code.
  2. All fences may be solid or open and shall not exceed six feet in height.
  3. All fences shall be constructed of durable, weather-resistant materials and properly anchored.
  4. Electric and barbed wire fences are prohibited.
  5. Fences shall be chain link, wood wrought Fences shall be chain link, wood, wrought iron, aluminum, steel or masonry, constructed from commercially available materials.  Wooden fences shall not be constructed from twigs, branches, doors, siding, or other wooden products originally intended for other purposes
  6. Fences shall in no way detain or inhibit the flow of surface water drainage to and from abutting properties.
  7. Front yard fences shall be designed and constructed in such a manner so as not to unreasonably obscure the sight distance of vehicles accessing the street from driveways on the subject property or from adjacent properties.
  8. Fence heights shall be measured from the adjoining natural ground.
  9. Fences installed on tip of retaining walls shall be limited to maximum of 42” high.
  10. All fenced areas shall be accessible through at least on gate having a minimum width of 3’.
  11. All chain link fences shall have a top rail, barbed ends shall be placed at the bottom of the fence and posts shall be spaced at intervals not to exceed 8’.  For wooded fences, post spacing shall not exceed 8’.
  12. Fences shall be installed such that the finished side faces abutting properties.  The finished side shall be the side that provides maximum coverage of posts and stringers.  Board-on-board, basket weave fences and similar design shall be deemed to have two finished sides.

Fees:  The fee is $15.00

Questions:  If you have any questions, please contact the Building Department, Monday through Friday,

8 a.m. to 5:00 p.m. at 507-895-4409 or write to Shawn Wetterlin Building Official, 315 Main Street, City of La Crescent, Minnesota, 55947.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
La Crosse, City www.cityoflacrosse.org Barb 1-608-789-7530 $35.00* Yes/Drawing 608-789-7589

*An additional charge of $1.05 applies if application is submitted online.

  • Sec. 115-398. – Fences and hedges.

(a) Fences defined. For the purpose of this Section, a “fence” is herein defined as a barrier consisting of vegetation, wood, stone, vinyl, brick, fieldstone, wrought iron, or metal intended to prevent ingress or egress. For the purposed of this section, the term “fence” shall include plantings, such as hedges and shrubbery in the front yard in excess of four feet tall. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(1) Fences to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including, but not limited to, brick, fieldstone, wrought iron, vinyl, chainlink (with a minimum thickness of nine gauge and a required top rail support), stockade or board-on-board wood.

(2) No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items. Materials not specifically manufactured for fencing, such as, but not limited to, railroad ties, doors, landscape timbers or utility poles, shall not be used for, or in the construction of a fence.

(3) Agricultural/farm fences shall only be permitted in agriculturally zoned or used districts and can only exceed six feet with a conditional use permit.

(4) Fences associated with baseball and/or softball fields and surrounding tennis courts may be erected in conformance with accepted industry standards. A Fence Permit shall be required for such installation.

(5) The La Crosse Regional Airport shall be allowed to erect chainlink fences for security purposes up to ten feet in height plus up to three strands of barbed wire. The three strands of barbed wire may face away from airport property. A fence permit shall be required for such installation.

(6) Any fence built in an Industrial Park that has recorded covenants in regards to fences, the covenants shall apply. A fence permit shall be required for such installation.

(b) Fences categorized. Fences shall be categorized into six classifications:

(1) Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.

(2) Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(3) Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.

(4) Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary in the front yard.

(5) Picket fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

(6) Dog kennel fence. A chainlink enclosure which is enclosed on three or four sides in the side or rear yard of a property.

(c) Height and setback of fences regulated.

(1) Residential fences are permitted up to the property lines in Residential Districts but shall not, in any case, exceed a height of six feet without a conditional use permit, shall not exceed 48 inches in height from grade in the front, side, or rear yard setback abutting a public sidewalk, shall not encroach into any vision corner and shall not be closer than three feet to any public right-of-way along a public alley. The height of any fence shall be measured as an average and shall not include the posts or pillars to which a fence is attached.

  1. Decorative wrought iron, brick, stone, PVC or painted picket style fences less than 48 inches (average) in height from grade or decorative lot corner landscape may be placed up to the property line in Residential Districts and shall not violate vision corner ordinances pursuant to this section.
  2. A fence located in an interior side yard between dwellings shall not exceed six feet in height.
  3. A fence located in a rear yard abutting a public sidewalk may be erected to a height of six feet if the entire fence is constructed of wrought iron or similar open construction or if the area above four feet is at least 50 percent open. An example of the latter is a fence that is opaque to a height of four feet and is topped with not more than two feet of lattice. A fence as specified above may be located in a side yard on the street side of a corner lot behind the principal structure.
  4. All fences must be constructed and maintained in a good state of repair and appearance. The finished side or decorative side of a fence shall face adjoining property.
  5. Any fences adjacent to or encroaching into alley right-of-way that are required to be removed for construction related causes during a City alley project may be reconstructed within the three-foot setback, provided they are reconstructed outside of the right-of-way using the property line established by the Engineering Department during the project without the requirement of a Certified Survey Map.

(2) No fence, wall, hedge, or shrubbery shall be erected, placed, maintained or grown along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.

(3) Property owners shall locate fences no closer than three feet from the property line so that each side of the fence may be properly maintained by the owner of the fence while on said owners property, unless an affidavit in recordable form is provided signed by the adjacent property owners agreeing to maintain the opposite side of the fence or agreeing to permit the owner of the fence to maintain said fence. This requirement can be waived if a maintenance free fence is installed.

(4) In the case of a proposed fence installation within three feet of a lot line where no record of a fence existed, a survey prepared by a registered land surveyor or professional engineer is required to obtain a building permit. No survey is required if a recordable affidavit signed by all affected property owners establishes an agreed upon lot line.

(d) Fences on nonresidential property. Fences are permitted on the property lines in all commercial zoning districts but shall not exceed eight feet in height in commercial zoning districts and ten feet in height for property zoned light or heavy industrial and shall be of an open type similar to woven wire, chainlink or wrought iron fencing. Fences regulated under Section 10-49(2)(b) as part of an approved Beer Garden License are not subject to these restrictions. Solid vinyl or composite fences are only allowed on property lines abutting a residential property, but cannot be taller than six feet. The fence can be up to eight feet tall by a conditional use permit.

(e) Prohibited fences. No fence shall be constructed which is in a dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are ten feet above grade and project toward the fenced property and away from public area.

(1) No person shall construct or install:

  1. Any wire or chainlink-type fence with the cut or salvage end of the fence exposed at the top.
  2. A fence which creates a hazard to users of the street, sidewalk or to nearby property.
  3. An incomplete fence, consisting only of posts and supporting members.
  4. Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.
  5. Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fence shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days or, in the case of a construction project, shall only be for the duration of said construction project.
  6. Nonconforming fences and hedges. Any fence or hedge existing on the effective date of this Code of Ordinances shall not be modified, enlarged, extended or replaced, except in strict compliance with all of the requirements of this chapter. The replacement of a nonconforming fence as to height, setbacks (vision corner requirements shall still be met), or fence material type may be made provided that the fence material be the same or higher grade as outlined below:

Ascending order of fence types:

  1. Chainlink.
  2. Chainlink with PVC coating.
  3. Stained treated wood.
  4. Cedar.
  5. Vinyl.
  6. Wrought iron or aluminum.
  7. Field stone or brick (does not include split face block).
  8. Fences required under conditional use permits. An opaque fence of six feet in height may be required on property for which a conditional use permit is granted in those cases in which such a fence is determined to be beneficial to the health, safety, or welfare of the public or adjoin property owners. Such fence shall comply with material requirements as specified hereunder.
  9. Permit required. A City of La Crosse Building Permit is required for any newly installed fence or for a total fence replacement as defined in section 103-34 which shall be set at the same rate as a Flat Permit Fee in section 103-34.
  10. Vision clearance. No fence, structure, post, pillar or object of natural growth shall hereafter be maintained or allowed to grow higher in the vision clearance area than 36 inches above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists. This provision shall likewise apply to alley vision clearance areas.
  11. The requirement of vision clearance shall not apply at a height of six feet or more above the highest grade of the adjacent sidewalk or the required sidewalk grade where no sidewalk exists.
  12. Objects of narrow width, which do not exceed ten inches in diameter, which do not impair corner vision, may, at the discretion of the Fire Department – Division of Fire Prevention and Building Safety, be permitted in the vision clearance area.
  13. Right-of-way. All permanent fences shall be located outside the public right-of-way.
  14. Public nuisance. Obstruction to visual clearance, as regulated by this section, shall be deemed to be a public nuisance and the Fire Department – Division of Fire Prevention and Building Safety and City Attorney are authorized to abate said nuisance.

(2) Obstruction of ingress/egress area of a dwelling.

  1. 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 six feet shall be maintained between any solid fence and any such window or opening in a dwelling.
  2. The Fire Department may approve a fence adjacent to a required ingress/egress opening of a dwelling between four feet and six feet if the fence has one of the following features:
  3. For basement ingress/egress openings, the fence opening or gate shall be the width of the ingress/egress opening or four feet whichever is greater with no ability to lock or secure said gate, or a four-foot wide approved breakaway fence panel and the area on both sides of the gate/fence shall continuously be free from all obstruction including vegetation and snow and ice buildup and shall swing or break away in the direction of egress.
  4. For ingress/egress opening above grade, the fence opening or gate shall be the width of the ingress/egress opening or four feet whichever is greater with no ability to lock or secure said gate, or a four-foot wide approved breakaway fence panel, or the top of the fence shall be no taller that the bottom of the sill of the ingress/egress opening and the area on both sides of the gate/fence shall continuously be free from all obstructions including vegetation and snow and ice buildup and shall swing or break away in the direction of egress.

(3) Fences permitted without a permit. The following types of fences are permitted, as specified, without a permit, subject to the following restrictions and providing that said fence does not in any way interfere with traffic visibility, or block, redirect or cause a drainage problem for the adjacent or downstream properties:

  1. Snow fencing shall be permitted in all districts not exceeding four feet in height provided it is removed between May 1 and November 1 of each year. No snow fence shall extend into the street right-of-way line unless installed by the City or a contractor having a permit from the City.
  2. Agricultural/farm fences are limited to agriculturally zoned or used districts. An agricultural/farm fence is a fence consisting of chicken wire, deer fence, hog wire, high tensile, wire strand and barbed wire used in the agricultural, farming and livestock business, specifically for livestock, animal, and bird control.
  3. Fences not exceeding two feet in height shall be permitted in all districts. Such fences shall not be placed in any manner which presents a hazard to pedestrians on any public or private sidewalk.
  4. Underground electrical fences are permitted in all districts.

(f) Fences on City-owned property and easements. Fences that are owned and maintained by the City, front recreational trails, and are built on City-owned property or on private land through City easement rights, shall be under the authority of the Board of Public Works, including the height of the fence, fence materials and fence location, and no fence permit shall be required.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
La Farge, Village www.lafarge-wisconsin.com Wayne 608-625-4422 $5.00 Yes/Drawing 608-625-2800
  • Sec. 13-1-142 – Fences.

(a) Fences defined. For the purpose of this Section,

(1) Fence. An enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress.  No fence shall be constructed of unsightly or                            dangerous materials which would constitute a nuisance.

(2) Boundary fence. A fence placed on the property lines of adjacent properties.

(3) Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(4) Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.

(5) Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary in the front yard.

(6) Picket fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

(b) Fence Permit Required.  No person shall erect a fence in the Village without first obtaining a fence permit from the Building Inspector with accurate design information for the proposed fence.  Permits may only be issued for proposed fences complying with this Section.

(c) Height of Fences Regulated.

(1) Except as provided in Section 13-1-90, a fence or wall may be erected, placed, or maintained along a lot line on residentially zoned property or adjacent thereto to a height not exceeding six (6) feet above the ground level, except that no fence or wall that is located in a required front or corner side yard shall exceed a height of three (3) feet.  Where such lot line is adjacent to a non-residentially zoned property, there shall be an eight (8) foot limit on the height of a fence or wall along such lot line.

(2) No fence or wall shall be erected, placed or maintained along a lot line on any business or industrially zoned property, adjacent to a residentially zoned property, to a height exceeding eight (8) feet.

(3) In any residence district,  no fence or wall shall be erected, constructed or maintained to a height exceeding three (3) feet above the street grade nearest thereto, within twenty-five (25) feet of the intersection of any street lines or of street lines projected.  (See Section 13-1-90).

(d) Setback for Residential Fences.  Fences in or adjacent to a residential property may be constructed on lot lines.  Fences may be constructed parallel to lot lines but shall not extend into the front setback area as extended to the side lot lines.

(e) Security Fences.  Security fences are permitted on the property lines in all districts except residential districts, but shall no exceed ten (10) feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(f) Prohibited Fences.  No fence shall be constructed which is a picket fence or which is of an otherwise dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire, provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are ten (10) feet above the ground or height and project toward the fenced property and away from any public area.

(g) Fences to be Repaired.  All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(h) Temporary Fences.  Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four (4) foot intervals.  Such fences shall comply with the setback requirements set forth in this Section.  The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than forty-five (45) days.

(i) Nonconforming Fences.  Any fence existing on the effective date of this Municipal Code and not in conformance with this Section may be maintained, but any alteration, modification or improvement of more than fifty percent (50%) of said fence shall result in the entire fence being brought into compliance with this Section.

(j) Location Determination.  The property owner erecting a fence is solely responsible for ensuring that the fence is located properly on his property.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Onalaska, City www.cityofonalaska.com Lisa 608-781-9541 N/C No 608-781-9534

Please click on the link provided for the City of Onalaska, Division 4 Fences and Hedges information:

Onalaska Codes 2021

Sec. 13-6-11 Swimming Pools.

(a) Definition. A private or residential swimming pool is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than one and one-half (1-1/2) feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool

 Accessory Uses and Miscellaneous Standards

13-6-11

(b) Exempt Pools. Storable children’s swimming or wading pools, with a maximum dimension of fifteen (15) feet and a maximum wall height of fifteen (15) inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this Section.

(c) Permit Required. Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Department of Inspection. Plans and specifications and pertinent explanatory data should be submitted to the Department of Inspection at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The minimum building permit fee pursuant to the City Building Code shall accompany such application.

(d) Construction Requirements. In addition to such other requirements as may be reasonably imposed by the Department of Inspection, the Department of Inspection shall not issue a permit for construction as provided for in Subsection (b), unless the following construction requirements are observed:

(1) All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all Ordinances of the City now in effect or hereafter enacted.

(2) All plumbing work shall be in accordance with all applicable Ordinances of the City and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.

(3) All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and City Ordinances regulating electrical installations.

(e) Setbacks and Other Requirements.

(1) Private swimming pools shall be erected or constructed on rear yards only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(2) No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in the Zoning Code for an accessory building, and in no case shall the water line of any pool be less than six (6) feet from any lot line.

(f) Fence.

(1) Proper Enclosure Required. Every swimming pool and wading pool, which extends wholly above the ground or partially above the ground shall, at all times, be enclosed so as to prevent children and animals from accidentally falling into such pool.

Accessory Uses and Miscellaneous Standards

13-6-11

(2) Pool Wall May Serve as Barrier. An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool. Such walls shall extend more than three (3) feet above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six (6) feet of any other wall or fence or other structure, which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool. Inflatable pools having soft sides do not qualify for the pool wall serving as a barrier.

(3) Fence or Other Wall May Serve As Barrier. An approved barrier shall consist of a properly erected and maintained wall or fence at least fifty (50) inches in height, which entirely surrounds the pool. Every such fence shall be constructed in accordance with the requirements of Section 13-6-10. Every such wall or fence shall be located not less than six (6) feet from the vertical, water-enclosing wall of the pool. All gates in such walls or fences shall be self-enclosing and self-latching, and shall be at least fifty (50) inches in height with latches placed at least fifty (50) inches above the ground level, or such gate latch shall be made inaccessible to small children in some other approved manner.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Onalaska, Town www.townofonalaska.org Jim 608-780-4672 N/C No 608-784-3945

No town ordinances pertaining to fences.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Prairie du Chien, City www.cityofpdc.com Dennis 608-326-8024 $25.00 plus .02 per linear foot Yes/Drawing 608-326-8182

(2) YARD MODIFICATIONS. The yard requirements stipulated elsewhere in this ordinance maybe modified as follows:

(a) Uncovered stairs, patios, landings and fire escapes may project into any required yard but not to exceed five (5) feet.

(b) Architectural projections, such as chimneys, flues, gutters, sills, eaves, belt courses and ornaments, may project into any required yard, but such projections shall not exceed three (3) feet.

(c) Residential fences and walls are permitted (excepting barbed wire, electric or other potentially hazardous fences) either within or on the property line. Fences and walls shall not exceed a height of six (6) feet in the side yard or rear yard area and shall not exceed a height of four (4) feet in the required street yard and shall not be closer than three (3) feet to any public right of way adjoining at the rear yard. Provided, however, that the finished side of all walls and fences permitted hereunder shall be constructed in such a manner that the finished side of said fence or wall faces out from the property on which the fence or wall is located.

(d) Security fences. Within the B-1, B-2, I-1, I-2 and RF Districts, security fences are permitted within the side and rear yard areas. Such fences shall not exceed ten (10) feet in height. Barbed wire is permitted only on security fences at least six (6) feet above established grade levels.

(e) Fences in AT Districts. Line and division fences shall be allowed as per Wis. Stats.

Residential fencing and security fencing shall meet the requirements of (3) and (4) of this section.

(f) Accessory uses and detached accessory structures are permitted in side and rear yards only, and shall be a minimum of three (3) feet from interior lot lines, three (3) feet from alley lines, and maintain corner lot setback as per the district requirements for principal structure, except:

  1. Residential Districts: Driveways, fencing, ramps, underground storage tanks and certain signage as per specific requirements as set forth in this section shall be permitted in front yards and in corner lot side yards in Residential Zoning Districts.  On-site parking located in front yard setbacks and corner lot side yards for apartments, public buildings and conditional uses in Residential Districts shall be reviewed by the City Plan Commission.
  2. Commercial and Industrial Districts: Driveways, on-site parking areas, fencing, ramps, underground storage tanks, open canopies and their supports over fuel dispensing equipment when located more than 10 feet from a lot line, pumps, and signage as per specific requirements as set forth in this section shall be permitted in front yards and in corner lot side yards in Commercial and Industrial Zoning Districts.
  3. Riverfront District: Accessory structures for open space permitted uses and approved Conditional Uses shall be located as per Section 3.12 (4) of this Chapter.
  4. AT Agricultural Transition District: Accessory structures for agricultural purposes shall be located as per section 3.16 (4) of this Chapter.  Agricultural related flammable or combustible liquid storage shall be reviewed by the local Fire Department.
  5. Essential services, utilities, electrical power and communication transmission lines are exempt from the yard and distance requirements of this ordinance.
  6. Landscaping and vegetation are exempt from the yard requirements of this ordinance, excepting the provisions of Section 4.1 (intersection visibility requirements).

2.13 (OPEN WOOD DECKS)

Open wood decks shall be permitted in side or rear yards only.  They shall not be closer than three (3) feet to any lot line.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
St. Charles, City www.stcharlesmn.org Cassie 507-932-3020 $25.00 Yes/Drawing 507-932-5301

CITY OF ST. CHARLES

Zoning Information for Fence Permit

Contact Gopher State One Call at 1-800-252-1166 for location of utilities prior to construction.

Zoning Ordinance #152.41(F). Fences in Residential (R-1) Locations of the City of St. Charles:

  1. No fence, wall, shrub planting or accessory structure shall be erected within a public easement and/or right-of-way.
  2. The finished side shall face the abutting property or street right-of-way.
  3. Fences shall not be constructed of chicken wire, welded wire, barbed wire, pallets, snow fence, branches, animal gates, farm fence materials or materials originally intended for other purposes, unless approved by the Zoning Administrator.
  4. A Certificate of Survey may be required if property lines cannot be located as the city does not have licensed surveyors on staff to perform this service. If the zoning administrator in his or her sole judgement and discretion, notifies the property owner/applicant that a survey is required, no permit will be issued until a survey is provided to the City by the owner/applicant as signed by a licensed surveyor and that such survey is at the property owner’s/applicant’s sole cost and expense. Further, it is the responsibility of the property owner/applicant to contact the surveyor and arrange the survey.
  5. All fences shall have at least one external access gate.

Fences, walls or accessory structures in side and rear yard:

  1. In any residential district, no fence, wall or accessory structure, other than a retaining wall, shall be over 6 feet in height along the side or rear lot line; and
  2. The side lot line will be considered that area of a lot which extends along the side line of the lot from the rear property line to a point 25 feet from the front property line.

Fences in front yards must comply with the following:

  1. In any residential district, no fence, wall, accessory structure or shrub planting shall be over 36 inches in height within 20 feet of any street corner, except for trees with branches and foliage removed at a height of eight (8) feet above the ground, so as to interfere with traffic visibility across the corner; and
  2. No fence, wall, accessory structure or shrub planting shall be over 36 inches in height with an opacity over 50 percent but may be 48 inches in height with an opacity under 50 percent (e.g. wrought iron, chain link, split rail, vinyl, or board) within 25 feet of the front property line.

NOTE 1: Some properties in the city are governed by homeowner associations/covenants/bylaws that require certain property improvements. Please check to see whether this may apply to you.

Fences not over seven feet (7′) high do not require a building permit.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Shelby, Town townofshelby.com Jim 608-780-4672 N/C No 608-788-6840

No town ordinances pertaining to fences.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Sparta, City www.spartawisconsin.org Todd 608-269-4340 $20.00 Yes/Drawing 608-269-5046

Sec. 17-118 – Fences

(a) Definitions.  The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fence means a structure, which is a barrier or is used as a boundary or means of protection or confinement.

Fence, decorative, means a fence, including gates, which are more than 75 percent open and less than three feet in height, such as a split rail fence used for ornamental purposes.  For the purpose of this article, chain link fences are not considered to be ornamental fencing.

Fence, solid, means a fence, including gates, which conceals from view adjoining properties, streets or alley, activities conducted behind the fence.

Height means the height of a fence shall be determined by measuring the vertical distance from grade to the top of each section of fence.

(b) All fences constructed or placed upon lots or parcels of land in the city shall comply with the following:

(1) Residential fencing:

a. Fences having a height of six feet or less may be located on interior lot lines within the required side and rear yard areas in residential districts.

b. Fences located in front or street side yards may not exceed four feet in height.

c. In all cases, section 17-119 in regards to vision clearance shall be followed.

d. Decorative capping of posts or fences more than 75 percent open will be permitted to a height of 18 inches above the required fence height.

(2) Business/Industrial fencing:

a. Fences may be located in all yards in commercial and industrial districts.  The plan commission prior to the issuance of a building permit shall approve fences located in the front yard.

b.  Fences installed in commercial and industrial districts shall not exceed eight feet in height, except when required to enclose outside storage areas as required by the Plan Commission.

c. Fencing may be constructed to screen areas and shall comply with article VIII of this chapter.

d. Barbed wire may be allowed in the top of fences exceeding 8 feet in height.

(3) Agricultural Fencing: Fencing shall be permitted in all yards in Agricultural districts and in all yards in legal non-conforming Agricultural districts. Fencing shall be permitted in front yards only for the enclosure of cultivated fields, pastures or animal pens.

(c) Construction and Installation of Fencing in all Districts:

  1. No fencing may be constructed within the City of Sparta without first obtaining building permit. (Except no permit shall be required for decorative fencing).
  2. Prohibited Fencing Materials. Fences shall not be constructed with, or consist of, rope, string, wire products, including, but not limited to, chicken wire, hog wire, wire fabric, barbed wire (except as allowed in other sections of this Code), razor ribbon wire and similar welded or woven wire fabrics, chain, netting, cut or broken glass, paper, metal panels, corrugated metal panels, galvanized sheet metal, plywood, fiberglass panels or plastic panels or any other materials that are not manufactured specifically as fencing materials.
  3. Fencing shall be constructed with the finished or decorative side facing the adjacent or abutting property or street.
  4. Snow fencing will only be permitted between November 15 and April 15 of each year. (No permit shall be required).
  5. All fences shall be maintained and in good repair and in a structurally sound condition. No fences shall be constructed and maintained which is detrimental to human life or safety or cause a traffic hazard. All fences shall be constructed and maintained straight, plumb and of an even height along its length, except for such deviations as required by grade.
  6. No advertising or signs shall be placed on any fence without prior approval of the plan commission.
City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Stoddard, Village stoddardwi.tripod.com Kent 608-457-2136 $40.00 Yes/Drawing 608-457-2165

Definitions.

(1) Fences. A barrier made of wood, iron, stone or other material.

(2) Hedge. A barrier consisting of natural or artificial vegetation.

Permit required. No person shall erect a fence or plant a boundary hedge in the Village unless a permit is first obtained by the owner or his agent from the Building Inspector.

Property Boundary Determinations. Fences and hedges shall be erected on owner’s property and responsibility for establishing the property line shall rest with the property owner erecting the fence or planting the hedge or upon mutual agreement with the adjoining property owner.

Construction and Maintenance. Every fence shall be constructed and shall be maintained and repaired. No fence or hedge shall be allowed to deteriorate into an unsightly or hazardous condition. The finished side of the fence shall be faced to the outside of the property lines.

Prohibited Construction Materials. The use of barbed wire, electric wire or double or triple strand wire shall not be used in the construction of a fence, except as specifically allowed under the appropriate provisions of this Section.

Nonconforming Fences and Hedges. All fences and hedges which exist on May 1, 2003 and do not conform to this division may be maintained; however, no alteration, modification or improvement on such nonconforming fence or hedge shall be permitted unless said nonconforming fence has been destroyed by an act of God or by the criminal acts of another person.

Residential Fences and Hedges.

(1) All rear and side fences or hedges, but shall not exceed a height of six (6) feet. Rear and side yard fences or hedges may be solid fences. If separate fences are desired on a common lot line, then a separation of three (3) feet between the fences must be established for future maintenance purposes.

(2) All front yard fences or hedges shall be no higher than three (3) feet in height. Front yard fences or hedges shall be at least fifty percent (50%) open to vision. All fences and hedges in the front yard shall cease three (3) feet from the property line on interior lots and ten (10) feet from the property line on corner lots. if a back yard overlaps a front yard on side yard of an abutting property owner, a special exception must be obtained to construct a fence or plant a hedge with greater dimensions than those allowed for front yard requirements.

Ornamental Fences. Ornamental Fences may be permitted in the street yard in any district, but shall not be erected in a street right-of-way and shall not exceed a height of four (4) feet.  Ornamental fences shall not be constructed as to impede traffic visibility. If separate fences are desired on a common lot line, then a separation of 3 feet between the fences must be established for future maintenance programs. If less than 20 feet in length, and must Business and Thoroughfare Commercial Fences and Hedges. In a business of thoroughfare commercial zone, a fence consisting of chain links without barbed wire shall be allowed in the rear yard, front yard and side yards; however, the fence shall not exceed eight (8) feet in height. Any fence constructed of other materials shall abide by the regulations of residential fences and hedges.

Industrial Fences. In an industrial zone, a chain link fence not exceeding eight (8) feet in height with two (2) barbed wires tilting into the inside of the property will be permitted in the rear yard, front yard, and side yards. The fencing material requirements and fencing/hedge requirements of the other zoned areas shall also be permitted in the industrial zone.

(5) Swimming Pool, Wading Pool and Hot Tubs

(a) Definition. A private or residential swimming pool is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than one and one-half (1-1/2) feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool. The regulations herein shall also be applicable to hot tubs.

(b) Exempt Pools. Storable children’s swimming or wading pools, with a maximum dimension of fifteen (15) feet and a maximum wall height of fifteen (15) inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this Section.

(c) Permit Required. Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Building Inspector. With the building permit plans as to the capacity of the pool and the proposed location on the tract of land must be submitted.

(d) Design and Construction Requirements.

(1) When the walls of a pool exceed 2 feet 6 inches in height, the walls shall be vertical for a minimum distance of 2 feet 6 inches. Conspicuous markings shall show the depth of the points where the slope of the bottom of the pool changes, except that such markings will not be required for pools of generally uniform depth.

(2) Overflow gutters shall completely surround the pool provided that pools less than 30 feet in width may be provided with skimmers built into the side and corners of the pool to take the place of gutters if approved by the County Health Department.

(3) The pool shall be completely surrounded by a walkway of concrete or other approved material, at least 4 feet in width and sloping away from the pool drainage, provided, however, that this requirement may be waived for above ground pools.

(4) All connections to the Village water supply or sewer system shall be approved by the Inspection Department.

(5) All outdoor swimming pools and any adjacent pool association paved areas shall be completely surrounded by a fence or wall at least 48 inches high of such constructions will make access difficult. Access shall be through self-closing and latching gates at the shallow end of the pool. The latch shall be as high on the gate as possible to prevent the entrance of children. The wall of building may be accepted as part of the required fence when found by the Inspection Department to provide a sufficient degree of protection.

(6) Drainage. Run-off shall not be altered in any such way as to cause increased drainage upon any adjoining lot. Drainage from each lot shall be directed in such a way as to direct flow to the lots lines and not directly, or indirectly, to any other property or structure.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Tomah, City www.tomahonline.com Shane 608-374-7429 $20.00 Yes/Drawing 608-374-7424

Sec. 52-209. Fences and hedges.

(a)Permits. No person shall erect or construct any fence on any premises in the city without first obtaining a permit. A sketch showing lot lines, fence location and design shall accompany the application for such permit. The building inspector shall approve the application before construction.

(b)Requirements.

(1)  No fence exceeding three feet in height shall be erected, constructed or maintained in front of the setback line for principal buildings on any premises within a residential district.

(2)  Property owners shall locate fences no closer than two feet form the property line so that each side of the fence may be properly maintained by the owner of the fence while on said owners property.  This requirement can be waived if a maintenance free fence is installed.  A property survey which identifies both the boundaries of the property and the location of the proposed fence is required to obtain a building permit.  Property Survey: Property lines that have been determined and defined by a Wisconsin professional  land surveyor, marked on the ground by monuments at the property corners and delineated on a signed and sealed map using minimum standards as defined by AE-7 of the Wisconsin Administrative Code.

(3)  On any corner lot where a front or side yard is required or provided, no fence, hedge or other obstruction shall be placed so as to interfere with clear vision from one street to the other across the corner. See traffic visibility provisions in section 52-114.

(4)  No fence exceeding six feet in height shall be erected, constructed or maintained on any premises in a residential zoning district. Security fences are permitted in all districts except residential districts, but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.  Fences exceeding six feet in height to a maximum height of eight feet installed for the purpose of providing visual screening for onsite utilities, dumpsters, or similar items may be allowed by the plan commission. Swimming pool fences are covered in section 52-210

(5)  No barbed wire or electric fence under six feet in height shall be permitted within the city, except when used for agricultural purposes. Any barbed wire or electric fence over six feet in height shall be approved by the building inspector prior to construction.

(6)  Any fence which exists at the time of the passage of the ordinance from which this chapter is derived, but does not conform with the provisions thereof, shall not be altered or enlarged without making the entire fence conform with the provisions of this section.

(7)  Any fence constructed so as to make it impossible for the reading of gas, electrical and water meters shall have a gate which gives access to them without entering through any building.

Sec. 52-210. Private swimming pools.

No private swimming pool shall hereafter be constructed, altered, remodeled or improved within the city, unless approved and a permit issued by the building inspector.

(1)  Private swimming pool defined. A private swimming pool is a body of water contained in an artificial or semi-artificial receptacle or other container, whether located indoors or outdoors, capable of containing water exceeding 18 inches in depth and exceeding 600 cubic feet and used or intended to be used solely by the owner or lessee thereof and his family and invited guests. It includes all structures, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.

(2)  Construction requirements. In addition to such other code requirements which may be applicable, no construction permit shall be issued, unless the following construction requirements are to be complied with:

a.  Materials. The private swimming pool shall be built of approved poured concrete or approved masonry construction or of other suitable material approved by the building inspector.

b.  Recirculation system. A satisfactory recirculation and purification system shall be installed and shall at all times be operated while the pool is being used.

c.  Fences.

1.  Required. Every outdoor private swimming pool shall be completely surrounded by a fence or wall not less than five feet in height, which shall be constructed in such a manner so as to exclude uninvited children or animals. Openings, if any, shall not be larger than four inches in any direction. A dwelling house or accessory building may be used as a part of such enclosure. All gates or doors in such enclosure shall be equipped with self-closing and self-latching devices for keeping such gates securely closed when not in actual use.

2.  Modifications. The board of appeals may make modifications in individual cases upon a showing of good cause with respect to the height, nature or location of the fence, wall, gates or latches or the necessity therefor, provided the protection sought under this section is not reduced.

d.  Drainage. Every private swimming pool shall be provided with suitable drainage and no pool shall be drained onto lands of other property owners.

e.  Special regulation. For above ground pool installations whose exterior walls exceed five feet in height, in lieu of the above fence requirement, a safety ladder or pool cover may be substituted. The pool cover shall be of such design and material that it can be securely fastened and, when in place, support a person weighing 150 lbs. When the pool is not in use, the ladder shall be raised a minimum of five feet above the ground in order to maintain a continuous five feet safety barrier. If the pool is not equipped with a raise able safety ladder, the ladder shall be detachable so it can be removed from the pool and placed out of reach of small children. Where a raised deck and permanent stairs are part of the pool construction, the stair access shall be controlled by a self-latching and self-closing gate which shall not be left in an open position at any time. The deck shall be constructed so as to maintain a continuous five-foot height or fence safety barrier around the exterior circumference of the pool structure. These requirements shall be subject to inspection and enforcement by the building inspector.

(3)  Building permit issuance. Before any work commences, application for a permit therefor, made as provided in this chapter, and the plans, specifications and pertinent explanatory data shall be submitted to the building inspector, and no work shall be commenced until such permit has been issued by the building inspector and the applicable fee paid by the applicant.

(4)  Use permit required. No private swimming pool for which a building permit has been issued shall be used by the owner, operator or lessee of the same without a use permit from the building inspector, who shall issue such use permit only after he has inspected the swimming pool and ascertained that the same conforms in all respects with the provisions of this chapter, the zoning laws and any other code requirement of the city which is applicable thereto.

(5)  Location. For purposes of this chapter, private swimming pools shall be deemed accessory buildings for purposes of complying with zoning regulations. No swimming pool or pool fence shall restrict the access to any meter reading, such as gas, electrical or water.

Sec. 52-114. Traffic visibility.

No obstruction, such as structures, parking or vegetation, shall be permitted in any district between the heights of 2½ feet and ten feet above the plane through the mean curb grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 15 feet from their intersection. In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 50 feet.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Trempealeau, Village www.trempealeauwi.com Roxroy 608-534-6434 N/C No 608-534-6280

A. Definitions. For the purpose of this section, the following term shall have the meaning indicated:

FENCE
An enclosed barrier consisting of vegetation, wood, stone or metal intended to prevent ingress or egress. For the purpose of this section, the term “fence” shall include plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

B. Fences categorized. Fences shall be categorized into five classifications:

(1) Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.

(2) Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(3) Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.

(4) Hedge. A row of bushes or small trees planted close together which may form a barrier, enclosure or boundary.

(5) Picket fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

C. Height of fences regulated.

(1) A fence, wall, hedge or shrubbery may be erected, placed, maintained or grown along a lot line on residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level, except that no such fence, wall, hedge or shrubbery which is located in a required front or corner side yard shall exceed a height of 2 1/2 feet. Where such lot line is adjacent to a non-residentially zoned property, there shall be an eight foot limit on the height of a fence, wall, hedge or shrubbery along such lot line.[1]

[1]Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) No fence, wall, hedge or shrubbery shall be erected, placed, maintained or grown along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.

(3) In any residence district, no fence, wall, hedge or shrubbery shall be erected, constructed, maintained or grown to a height exceeding three feet above the street grade nearest thereto, within 25 feet of the intersection of any street lines or of street lines projected.

D. Setback for residential fences. Fences on or adjacent to a residential property are permitted on lot lines. Fences may be constructed alongside lot lines, but shall not extend into the front setback area as extended to the side lot lines.

E. Security fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed 10 feet in height and shall be of an open type similar to woven-wire or wrought-iron fencing.

F. Prohibited fences. No fence shall be constructed which is a picket fence or which is of an otherwise dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground or higher and project toward the fenced property and away from any public area.

G. Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

H. Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.

I. Nonconforming fences and hedges. Any fence or hedge existing on the effective date of this chapter and not in conformance with this section may be maintained, but any alteration, modification or improvement of said fence shall comply with this section.

A. Definition. As used in this section, the following terms shall have the meanings indicated:

PRIVATE OR RESIDENTIAL SWIMMING POOL
An outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1 1/2 feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.

B. Exempt pools. Storable children’s swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section.

C. Construction requirements. In addition to such other requirements as may be reasonably imposed by the Zoning Administrator, the Zoning Administrator shall not issue a permit for construction as provided for in Subsection B, unless the following construction requirements are observed:

(1) All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all ordinances of the Village now in effect or hereafter enacted.

(2) All plumbing work shall be in accordance with all applicable ordinances of the Village and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.

(3) All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and Village ordinances regulating electrical installations.

D. Setbacks and other requirements.

(1) Private swimming pools shall be erected or constructed in rear or side yards only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(2) No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in the Zoning Code for an accessory building, and in no case shall the water line of any pool be less than six feet from any lot line.

E. Fence.

(1) Pools within the scope of this section which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool. Such fence or wall shall not be less than six feet in height and so constructed as not to have voids, holes or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use.

(2) The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of 36 inches high on the top.
F. Compliance. All swimming pools existing at the time of passage of this Code not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool.
City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Viroqua, City www.viroqua-wisconsin.com Chad 608-637-3118 $42.35 Yes/Drawing 608-631-3108

Section, a “fence” is herein defined as an enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(b) Fences Categorized. Fences shall be categorized into five classifications:

(1) Boundary Fence. A fence placed on or within three feet of the property lines of adjacent properties.

(2) Protective Fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(3) Architectural or Aesthetic Fence. A fence constructed to enhance the appearance of the structure or landscape.

(4) Picket Fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

(c) Height of Fences Regulated. (1) Residential fences six feet or less in height are permitted on rear and side lot lines. Residential fences less than or equal to four feet in height are permitted in the street yard setback area but shall not be closer than two feet to any public right-of-way and shall be subject to the requirements of Section 17.04.080 F 3. All fences must be constructed and maintained in a good state of repair and appearance.

(2) No fence shall be erected, placed, maintained or grown along a lot line on any non-residentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.

(d) Fences Placement. Fences in or adjacent to a residential property shall have a minimum three feet side and rear yard setback, except as the adjoining property owners may otherwise agree in writing as a part of the application for a permit. Fences shall be constructed alongside lot lines but must be so placed to allow the fence owner to maintain both sides of the fence, on their property. The fence owner shall properly trim weeds and grasses around the fence.

(e) Security Fences. Security fences shall not exceed eight feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(f) Prohibited Fences. No fence shall be constructed which is in a dangerous condition, or which conducts electricity or is designed to electrically shock or which uses barbed wire, provided, however that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are eight feet above the found or height and project toward the fenced property and away from any public area.

(g) Fences to be Repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

(h) Temporary Fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four foot intervals. Such fences shall comply with the setback requirements set forth in this Section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than forty-five days.

(i) Nonconforming fences. Any fence existing on the effective date of this Code of Ordinances and not in conformance with this Section may be maintained, but no alteration, modification or improvement of said fence shall comply with this Section.

(j) Fence Permit. No person shall erect a fence in the City unless a permit is first obtained by the owner or his agent from the Building Inspector. The applicant shall submit design specifications for approval and pay required permit fees at the time of making application.

(k) Property Boundary Determinations. Fences shall be erected on the owner’s property and responsibility for establishing the property line shall rest with the property owner erecting the fence. The dress side of the fence shall be on the outside. All parts of the fence shall be erected on the owner’s property.

(l) Snow Fences. Utility snow fences may be used only during the winter months and shall be removed at the end of each winter season.

17.04.130 Swimming Pools. (a) Definition. A “swimming pool” is a body of water or an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than one and one-half feet located above or below the surface of ground elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semi-permanent structure on the land. The term includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool. Excluded from the definition “swimming pool” is a so-called hot tub or spa which has a cover that prevents unauthorized access.

(b) Exempt Pool. A body of water that would otherwise be a “swimming pool” but is intended and used as a decorative pond is exempt from the provisions of this Section. Storable children’s swimming or wading pools, with a maximum dimension of fifteen feet and a maximum wall height of fifteen inches and which are so constructed that they may be readily disassembled for storage and reassembled to original integrity are exempt from the provisions of this Section

(c) Permit Required. Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter remodel or add must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The required building permit fee pursuant to the City Building Code shall accompany such application.

(d) Construction Requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction as provided for in Subsection (b), unless the following construction requirements are observed:

(1) Approved Materials. All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all ordinances of the City now in effect or hereafter enacted.

(2) Plumbing. All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.

(3) Electrical Installations. All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and City ordinances regulating electrical installations.

(e) Setbacks and Other Requirements. (1) Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(2) All swimming pools shall be at least ten feet from any lot line or building unless designed and approved as an addition to a building.

(f) Enclosure. (1) Fence: In-ground Pools. All outdoor, below grade swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three inches square.  All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-enclosing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
West Salem, Village www.westsalemwi.com William 608-617-3948 $75 Yes/Drawing 608-786-1988

 (a) Accessory uses and detached accessory structures are permitted in the rear yard only; they shall not be closer than ten (10) feet to the principalstructure; shall not exceed fifteen (15) feet in height; shall not occupy more than forty (40%) percent of the rear yard area, nor more than 1,000 square feet; and shall not be closer than three (3) feet to any lot line nor five (5) feet to any alley line.

(b) Residential fences require a building permit. Residential fences are permitted on the property lines in Residential districts but shall not in any case exceed a height of six and one-half (6-1/2) feet; shall not exceed a height of four and one-half (4-1/2) feet in the street yard and shall not be closer than two (2) feet to any public right-of-way. Provided, however, when Business or Industrial Zoning abuts Residential Zoning, as a condition of plat or certified survey approval or upon re-zoning that creates such a status, the Village Board may require as a condition that the then owner of the Business or Industrial use parcel erect a fence not to exceed ten and one-half (10-1/2) feet in height upon the property line with the Residential zoned property; provided, further, at any time a property owner of a Residential zoned property located adjacent to a Business or Industrial zoned property may petition for a conditional use permit to erect and maintain a fence not to exceed ten and one-half (10-1/2) feet in height upon the property line with the Business or Industrial zoned property. It shall be the obligation of the property owner of the Business or Industrial zoned property to maintain both sides of the fence. In each instance, the fence shall be such height (as measured from the ground), type, and quality as determined by the Village Board after recommendation by the Village Planning Commission.

(c) Security fences require a building permit. Security fences are permitted on the property lines in all districts except residential districts but shall not exceed ten and one-half (10-1/2) feet in height (as measured from the ground) and shall be of an open type similar to woven wire or wrought iron fencing.

(d) Arches and Arbors: Whether made part of a fence line or located elsewhere in a residential yard, if their footing is extended into the earth more than two and one-half (2-1/2) feet or secured by cement or rock or attached to a fence or other structure which is either placed into the ground more than two and one-half (2-1/2) feet or secured there with cement or rock, require a building permit which may be denied by the Building Inspector if that arch or arbor obstructs vision at an intersection or causes other significant public safety concern.

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Westby, City www.cityofwestby.org Vince 608-487-4642 $50.00 Yes/Drawing 608-634-3274

City or Village Website/Email Contact Name Phone Permit Fee Needed Fax
Winona, City www.cityofwinona.com Inspections Division 507-457-8231 N/C No 507-457-8212
  1. Permits are not required in most cases (please call Planning/Zoning at 507-457-8250 to verify).  If fences are over seven feet or more, a variance may be required.
  2. Determine your property lines by contacting a surveyor.
  3. You may put your fence up to, but not on, the property line.  On side streets, it must be at least one foot back from the sidewalk.
  4. Fences may be up to six feet high in the rear (non-street side) and up to four feet high in the front or street sides of lot.  In business and industrial zoning districts, fences may be up to eight feet in the rear yard.
  5. For corner lots, please call the Inspections Division at 507-457-8231 as the height regulations and setbacks differ.  In any R-district on any corner lot, no fence shall be erected or maintained within eight feet of the corner (the point of intersection of the right-of-way lines), which interferes with traffic visibility across the corner.
  6. Placing the ‘nice’ side toward the neighboring lot is a courtesy to neighbors, however, there is no code to require this practice.

Swimming pool information for fencing

Where the fence is chain link or composed of diagonal members the maximum opening shall not be more than 25 inches Any fence composed entirely of horizontal members save for support beams shall have a maximum gap of a half inch between members.  All gates on required fences shall be self-closing and self-latching with a latch on the inside of the gate not readily available to children and in good repair the gate and fence shall have no opening greater than one half inch within18 inches of the release mechanism which shall be located on the poolside of the gate at least three inches below the top of the gate Gates shall be able to be securely locked Above-ground or partially sunken pools that are accessed by deck must be provided with a gate that meets the same standards The guard rail around the pool must be at least 36 inches high above the deck surface and at least 48 inches high above the surrounding grade.  This guard rail must be provided with intermediate guard rails and any gaps between the guardrails and between the top of the pool structure and the bottom of the barrier shall be no more than four inches.  The required fence must be erected prior to filling of the pool.

If you belong to a Home Owners Association please be sure to check for covenants before doing any type of fence work. The information provided is meant to be a useful guide, but may not be fully updated at all times. Permit information, rules, and contacts sometimes change without notice. We encourage you to contact your local city hall for more permit information.