Temporary Occupancy of Public Ways.
Milwaukee Code of Ordinances § 115-10
in effect115-10. Temporary Occupancy of Public Ways.
1. GENERAL REGULATIONS. a. The permit to occupy a public way during construction work is intended for use in connection with the actual erection, construction, enlargement, alteration, repair, renovation, maintenance, removing or demolition of buildings and structures. No signs or advertising devices of any kind, except signs as regulated in chs. 244 and 295, may be displayed in the public way.
b. No person shall erect, place or store any material, equipment, shed, roof, fence, or temporary walk, guard, device, or any other structure within the public way without first obtaining a permit from the commissioner of public works. Fees for such permits shall be as regulated in s. 115-11.
c. These regulations shall not apply to the temporary or partial obstruction of a public sidewalk for a period of no longer than 30 minutes and not more than 2 times a week by vehicles used in fuel delivery or refuse collections provided that during such loading and unloading operations there remains an unobstructed sidewalk width not less than 3 feet for pedestrian traffic.
2. CONDITIONS OF OCCUPANCY. Permits for the temporary occupancy of public ways and the duration of such permits shall be contingent upon compliance with the conditions of this section and rules and regulations established by the commissioner of public works.
a. Such occupancy shall be limited to that part of the public way abutting the premises on which construction work is in progress.
b. Such occupancy, including temporary sidewalk, if one is required, shall not extend into the roadway of a public way more than 1/3 the width of the roadway and in no case more than 20 feet, and provided further that no such occupancy shall be within 6 feet of the rail of any railroad track.
c. Such materials, equipment, temporary buildings or structures referred to in sub. 1 shall not be placed, stored or erected within 4 feet of any tree, nor within 2 feet of any standpipe, fire or police alarm box, utility catch basin or manhole, nor within 15 feet of a fire hydrant, measured along the curb line, and shall not obstruct the access to any fire hydrant, fire cistern, standpipe, fire or police alarm box, utility box, catch basin or manhole.
d. Such materials, equipment, temporary buildings or structures referred to in sub. 1 shall not be located within 20 feet of a street intersection, nor so placed, stored or erected as to obstruct normal observation of traffic or traffic control lights, signals, or signs, fire hydrants, fire and police alarm boxes, or to hinder the use of bus loading platforms or zones.
e. The drainage in street gutters shall be maintained at all times.
f. Persons securing permit shall be responsible for placing and maintaining lights during darkness and at night in full view of the public at each excavation, pile of material, equipment, fence, temporary walk, shed, enclosure, or other obstruction referred to in sub. 1 on any public way.
g. Pedestrian traffic shall be maintained at all times, either on the existing sidewalk or on a temporary walkway in the roadway, or as otherwise determined by the commissioner of public works. A fence, railing, or other approved guard, if required by the commissioner of public works, not less than 3 feet 6 inches high shall be erected on both sides of the temporary walkway. A fence at least 4 feet high shall be erected on the building side of the existing sidewalk if an excavation is within 10 feet of a public way, s. 228-2-3.
h. Approved canopies shall be erected over street walks as provided in s. 228-2-2. For any occupancy of the public way in connection with the erection, construction, enlargement, alteration, repair, renovation, maintenance, removal or demolition of a building or structure on property in a C9 downtown zoning district, where the work is occurring more than 10 feet above grade, a protective canopy roof providing full pedestrian protection and meeting the standards of s. 228-2-2 shall be required.
i. Unless permitted by the commissioner of public works, earth or rubbish shall not be stored on any public way.
j. The commissioner of public works may issue permits for the erection of temporary guy lines beyond the area permitted in a street permit, provided such guy lines are at least 20 feet above the public way.
k. The permittee shall be required, at least one week prior to the temporary occupancy, to notify all abutting property owners of the anticipated period of occupancy, the number of working days involved, the date the occupancy is scheduled to begin, the date it is to end, the parking restrictions which shall apply and the traffic congestion which may occur.
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-1/CH115.pdf#page=8Fetched: 10/26/2026