fence laws mainly deal with farmland properties. For the most part, state law does not apply to residential properties, but local governments often have their own sets of regulations.

Fences can be hard to manage—and whether yours is just separating a couple of neighbors or adjoined farm properties, disputes can quickly arise over whose responsibility it is to maintain a shared fence.

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Basics of Wisconsin fence laws

It can take time to sort through the nuts and bolts of the statewide codes, but fortunately, the laws can be distilled into three basic fence types, which are all described in

statute 90.03

and include:

Partition fences

These fences are used for properties that farm or raise livestock. A partition fence must be maintained to ensure that the animals or farming practices do not spill over into the neighboring property.

For neighbors that build a fence, the state requires that the fence be kept in good condition unless the property owners come to a separate agreement.

If you and your neighbor agree that a fence is not needed, then you will not have to construct a partition fence.

Partition fences come with their own set of complex codes and regulations specific to farmers and agricultural landowners, as described in

statute 90.05-90.14

Public fences

Public fences separate private agricultural property from land owned by the state. Maintenance and costs are equally shared between the government and the private property owner.

For owners of private residential property that borders public land, contact your local government for specific codes and how to go about maintaining the fence.

Fences around public and private pools

Whereas pool fence regulations are common in some states, you don’t need to worry about fencing in your backyard pool if you’re in Wisconsin.

When it comes to public pools, however, the state requires a fence to surround the pool area per Administrative Code

chapter DHS 172.34

. Public pools fences must meet the following criteria:

Stand at least five feet tall

Be at least four inches above the ground

Openings in the fence can be no larger than four inches wide

The fence cannot have any hand- or footholds for climbing

Be equipped with lockable gates that are self-closing and self-latching

Gates must open inwards towards the pool area

When the pool is not in use, the fence entrance must be locked

Be routinely checked for maintenance and general upkeep

Key Takeaway Wisconsin state law specifies who is responsible for maintaining fences between private and public landowners. Generally, responsibility is divided equally between all neighboring landowners.

How to legally build a fence in Wisconsin

Wisconsin provides requirements for how fences must be built to comply with state code. Make sure you understand the parameters you must meet before breaking ground.

Materials for legal fences can include:

Strong woven wire with or without barbed or high tensile wire above the fenceline

Wooden boards that are securely fastened to posts

A combination of two wooden boards with three barbed or high tensile wires secured above the fenceline

Wires that are No. 12 or larger

Any combination of rails, wooden boards, wires, walls, hedges, or waterways (i.e., rivers, streams, ponds, and creeks)

Regardless of the materials used, all fences must stand at least 50 inches tall and be no more than four inches above the ground.

Fences constructed with strong woven wire have their own set of regulations:

Fences that are a minimum of 26 inches wide must be topped with three barbed or tensile wires

If a minimum of 30 inches wide, the fence must have two barbed or tensile wires above

Fences that are a minimum of 46 inches wide must be topped with one barbed or tensile wire

A fence that does not have barbed or tensile wire above it must be a minimum of 50 inches wide

MORE:

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Does homeowners insurance cover fences?

Yes! Fences are often lumped under “other structures coverage” in your

home insurance policy

. This section allocates protection for up to 10% of your total dwelling coverage in the event that your fence is damaged by a peril named in the policy.

These perils typically include theft or vandalism, fire, lightning, hail, and more.

How to save money on homeowners insurance in Wisconsin

Even though Wisconsin law does not require you to have homeowners insurance, you won’t want to risk going without a policy. Comparing quotes from different insurance providers can help you save the most money on your coverage.

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MORE: Home insurance terms you need to know

FAQs

Do I need a permit to build a fence in Wisconsin?

Wisconsin does not have any statewide laws that require permits for building a fence. However, towns and municipalities might have their own set of requirements.

Be sure to head to your local government’s website or contact them to find out whether a permit is required for your project.

Can my neighbor make me pay for a fence in Wisconsin?

Yes, but the payment needs to be validated by official fence viewers. Fence viewers are representatives from your local government who act as a neutral third party in fence disputes. This role is often filled by trustees of your local town.

In the case that your adjoining neighbor refuses to help cover their share of the costs to repair, maintain, or build the fence, you can submit a formal complaint to the town’s clerk. Fence viewers will then pay a visit to your property to evaluate the disputed fence.

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