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Madison, WI Accessory Structures: ADU Impact Fees (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

ADU fee category
Multi-Family (Sec. 20.08(2)(c)2.b names ADUs)
Park-Infrastructure fee
$1,032 per unit, in 2016 dollars
Park-Land dedication base
734 square feet per unit
Annual indexing
Every January 1, ENR Construction Cost Index
Payment due
At Chapter 29 building permit issuance
Appeal deadline
30 days to the Board of Public Works
Exemption
Affordable units under Sec. 4.22 only

Summary

Madison prices an accessory dwelling unit at the Multi-Family park impact fee rate, not the higher Single-Family rate. The Park-Infrastructure Impact Fee is $1,032 per unit in 2016 dollars, indexed every January 1, and the Park-Land Impact Fee is built on 734 square feet of land per unit. Both are collected when the Chapter 29 building permit issues.

Multi-Family . Includes all three-family and multi-family dwelling units with three (3) or fewer bedrooms, as well as accessory dwelling units. ... Type of Development Square Feet/Unit or Lodging Room Single-Family/Duplex 1,081 Multi-Family 734 ... Park-Land Impact Fee . The Park-Land Impact Fee shall be the product of the above-noted land dedication requirement, less any land dedications or credits, and the city-wide average assessed value of land per square foot, as of January 1 of each year. ... Park-Infrastructure Impact Fee . The Park-Infrastructure Impact Fee shall be as follows: Type of Development Fee/Unit or Lodging Room Single-Family/Duplex $1,520 Multi-Family $1,032 ... The impact fee is charged in Year 2016 dollars and shall be indexed for inflation on January 1 of every year using 2016 as the base year with the Construction Cost Index as published by the Engineering News Record or equivalent successor index. ... Low-Cost Housing Park Impact Fee Exemption . Pursuant to the authority established under Wis. Stat. § 66.0617(7), ... low-cost housing is exempt from the park impact fees established under this Subsection.

Full Breakdown

Chapter 20 of the Madison General Ordinances, the Impact Fee Ordinance, imposes park impact fees city-wide under Sec. 20.08(2). The category rule sits in Sec. 20.08(2)(c)2.b: the Multi-Family category covers three-family and multi-family units with three or fewer bedrooms "as well as accessory dwelling units," so an ADU is charged as a Multi-Family unit. Single-Family or Duplex, which covers detached, attached and two-family dwellings, pays more on both fees: $1,520 per unit instead of $1,032 for the Park-Infrastructure fee, and 1,081 square feet of land instead of 734 for the Park-Land fee.

The Park-Infrastructure Impact Fee is stated in Year 2016 dollars and is indexed on January 1 of every year, with 2016 as the base year and the Engineering News Record Construction Cost Index as the measure. The amount actually owed is therefore the annually adjusted rate in effect when the permit issues, not the printed $1,032. The three-year phase-in (80 percent in 2017, 90 percent in 2018, 100 percent from 2019) is complete, so the full rate applies. Twenty percent of each Park-Infrastructure payment goes to the City-Wide District and eighty percent to the benefit district where the lot sits: North, East, Central or West.

The Park-Land Impact Fee is the 734 square feet per unit, less any land dedications or credits, multiplied by the city-wide average assessed value of land per square foot as of January 1. It is paid in lieu of dedication when the Plan Commission, after a recommendation from the Park Superintendent or Board of Park Commissioners, finds dedicated sites would be too small to use, the Comprehensive Plan places parks elsewhere, or the site is unsuitable.

Timing is set by Sec. 20.09(1): fees are due in full at building permit issuance, with an option to pay earlier at plat or certified survey map recording. Sec. 20.06(3) bars any rezoning, conditional use or building permit until the fees are calculated. Sec. 20.16(5) lets the City and a developer agree to a credit against the Park-Infrastructure fee for improvements to public parkland under an approved park master plan.

Low-cost housing is exempt from the park impact fees under Sec. 20.08(2)(d), but only for the units determined by the Community Development Division to be affordable under Sec. 4.22(2) and deed restricted under Sec. 4.22(7). The exemption does not reach the land dedication rules in Sec. 16.23(6)(f) or other impact fees.

Violations & Fines

Unpaid impact fees become special charges to the property owner at permit issuance. If they stay unpaid they become a lien under Wis. Stat. § 66.0627(4) and are extended onto the tax roll as a delinquent tax without further notice or hearing. Under Sec. 20.17 a violation carries the penalty in Sec. 16.23(10), each violation and each day it continues is a separate offense, and the City can also sue to prevent or abate it.

Frequently Asked Questions

Does Madison charge an ADU the single-family park impact fee?
No. Sec. 20.08(2)(c)2.b places accessory dwelling units in the Multi-Family category. That category pays a $1,032 Park-Infrastructure fee per unit in 2016 dollars and a Park-Land fee based on 734 square feet, while Single-Family or Duplex pays $1,520 and 1,081 square feet. Both figures are indexed, so the amount due is the adjusted rate for the year.
When do I have to pay the park impact fees on an ADU?
Payment is due in full at the annually adjusted rate when the building permit is issued under Chapter 29 of the Madison General Ordinances. Sec. 20.09(1)(c) lets you pay earlier, either at plat or certified survey map recording or any time before permit issuance. The $75,000 deferral option in Sec. 20.09(1)(d) applies only when total fees for a development exceed that amount.
Can I appeal the amount the City calculates?
Yes. Under Sec. 20.12 you file a Notice of Appeal with the Executive Secretary of the Board of Public Works within 30 days of the determination. The Board must issue a written decision within 50 days of the Finance Director's recommendation. Filing does not stop collection unless you post a bond or surety satisfactory to the City Attorney equal to the fee. Further review is by certiorari in Dane County Circuit Court within 30 days.
Can I get a refund if the ADU is never built?
Yes, in defined cases. Sec. 20.11 allows a refund if the building permit lapsed for non-commencement of construction, or if the project was altered so the fee due went down. A written claim must reach the Finance Director or designee within one year of that event, and a late claim is waived. The Board of Public Works decides the claim.
Is an affordable ADU exempt from the park impact fees?
It can be. Sec. 20.08(2)(d) exempts low-cost housing from the park impact fees, defined as units that are affordable under Sec. 4.22(2) and meet the deed restriction rules of Sec. 4.22(7). The Community Development Division makes the determination unit by unit. The exemption does not excuse the Sec. 16.23(6)(f) land dedication requirements or any other impact fee.

Sources & Official References

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