Do I need a permit for building a deck?

A building permit is required for decks which are attached to a house, serve an exterior door to a house, or are more than 2’ above grade. 

Decks which are not attached to a house, are not part of the exit path from the house, and are less than 2’ above grade do not need a building permit, but still need to meet code minimum construction standards. 

Note: Deck construction in a floodplain requires a floodplain permit even if a building permit is not required.

Application Process

You can apply online using this self-service portal. You can upload any needed documents and process payments online. During the application process, you will be required to submit:

• a pdf of construction plans
• a recent land survey
• the application fee of $80

What needs to be included in the construction plans?

A minimum set of plans will consist of elevations and cross section details (a sample deck plan is provided). All plans must be drawn to a scale not less than ¼ inch per foot. Frequently asked questions and a sample deck plan can be viewed in the Deck Brochure.

Why do I need a survey and how can I obtain one?

Surveys are required to ensure that your project complies with zoning codes and is the best way to avoid property boundary disputes with neighbors. If you don’t have an accurate survey, check the Milwaukee County website to see available surveys: https://data-mclio.hub.arcgis.com/datasets/f339ebff4e7d460a9a48e002b85f5ce0/explore

Otherwise, the services of a qualified Land Surveyor should be obtained. 

Will I need to go through Design Review?

Modifications to exterior decks may require design review.  This review will happen as part of the permit application process. 

 The main purpose of the Design Review is to promote good design and continuity, which often impacts the overall appearance and property value of a neighbor-hood. Components such as clean and continuous lines in design, trim and skirting, and color will be considered during design review.

How long does it take to get the permit?

After submitting all required documents and information, anticipate two weeks for the City to provide a formal response on the plan review application.  

How much will a building permit cost?

A deck permit is a flat fee of $80.

Are there any location restrictions?

Yes, please contact the Planning office at (414) 479-8957.

Are there any other restrictions?

Yes. Decks may never be built over a city easement. If a deck is more than 2’ (feet) above grade, a minimum of 3’ (feet) high guardrails are required. If a fence is placed on a deck, a permit for the fence may be required. If a deck is to be attached to the home, 4’ (foot) minimum frost footings are required. Pressure treated against decay or a species of wood naturally resistant to decay must be used for wood framing.

Safety Tip

Call Diggers Hotline at (800) 242-8511 prior to excavation.

Questions?

For job locations west of 92nd Street, e-mail Inspector Michael Niedermann or by phone (414-479-8909). For job locations east of 92nd Street, e-mail Inspector Paul Wolfgramm or by phone (414-479-8908).

Permit-related questions may be directed to the clerical staff (414-479-8907) anytime 8:00 a.m.- 4:30 p.m. weekdays. The City Code and the State Code are also available for reference online.