Encroachments for One- and 2-Family Residential Properties.
Milwaukee Code of Ordinances § 245-4.5
in effect245-4.5. Encroachments for One- and 2-Family Residential Properties.
1.
DEFINITION. "Encroachments for one- and 2-family residential properties" means objects or structures placed in the public right-of-way that are approved by the commissioner of public works and that are not otherwise permitted by s. 245-4.
2.
GENERAL REGULATIONS. All encroachments for one- and 2-family residential properties shall comply with the following guidelines:
a. Plans shall be submitted to the commissioner of public works for approval and issuance of a permit prior to applying for any other necessary permits.
b. All necessary permits shall be obtained prior to construction of a proposed encroachment.
c. Any proposed encroachments shall conform to this section, as well as any other requirements of the code. If a conflict exists, the more restrictive requirement shall govern.
3.
PROJECTION. a. If a paved public sidewalk is present, encroachments may be located between the sidewalk and the street line and may project to the edge of the sidewalk.
b. If no paved public sidewalk is present, encroachments may not project into the public right-of-way unless specifically allowed by s. 245-4.
c. Encroachments may not project into an alley, pedestrian way or bicycle way unless otherwise allowed by the code.
4.
APPLICATION. The owner of a property under consideration for construction and installation of a public way encroachment shall submit plans to the city engineer for review and approval. The grantee shall subsequently submit plans and obtain permits from the commissioner of public works and commissioner of city development, as necessary, for any installation.
5.
CONDITIONS OF PERMIT. The owner of a public way encroachment for one- or 2-family residential property shall:
a. Become primarily liable for damages to persons or property by reason of the granting of a permit for the encroachment.
b. Remove or modify the encroachment whenever the city determines that the public convenience would be enhanced by such removal or modification as provided in s. 115-32-2. The owner shall not be entitled to damages relating to the removal or modification.
6.
SPECIAL PROVISIONS. Any encroachment for one- or 2-family residential property as herein regulated, in existence as of June 12, 2010, which meets the requirements of sub. 3, shall be allowed to remain in its existing location until such time that removal of the encroachment is ordered pursuant to sub. 5. The owner of the existing encroachment shall be deemed primarily liable for damages to persons or property by reason of the maintenance of the existing encroachment.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-2/CH245.pdf#page=3Fetched: 10/26/2026