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Dane County, WI Building Safety: Building Permits (2026)

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

Key Facts

Permit trigger
New construction, additions, land-use change, signs
Fowl enclosure rule
Permit required regardless of size
Small-shed exemption
Accessory buildings 120 sq ft or less
Permit expiration
1 year unstarted / 2 years from start
Blocking conditions
Unresolved violations or delinquent taxes
Applies in
Unincorporated towns with county zoning only

Summary

In Dane County's unincorporated towns, a zoning permit from the zoning administrator is required before erecting a new building, expanding an existing one, changing a building's land use, replacing a sign, or building a covered enclosure for domestic fowl. Accessory buildings of 120 square feet or less on non-permanent foundations are exempt.

City-specific rules exist: Madison, Fitchburg, Middleton, and Sun Prairie have their own building permits rules that differ from Dane County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(1) Zoning Permits. (a) Zoning permits required. Unless specifically exempted below, the following activities may not occur until the zoning administrator, or his or her designee, issues a zoning permit specific to the use and premises: 1. Erection or construction of any new building. 2. The addition to, or structural alteration or expansion, horizontally or vertically of, any existing building. 3. Change of land use for any building, structure or premises. 4. The erection, replacement, or reconstruction of a sign. 5. Erection of covered enclosures for domestic fowl. ... (b) Exceptions. Zoning permits under this chapter are not required for accessory buildings equal to or less than 120 square feet on non-permanent foundations, provided they meet all setback, height, and lot coverage requirements. (c) ... 1. Unresolved violations of this ordinance, or Chapters 11, 14, 17, 74, 75 or 46, Dane County Code, or 2. Delinquent real estate taxes. ... (g) 1. Any permit obtained through material misrepresentation shall be null and void. 2. Zoning permits shall expire one year from the date of issuance if construction has not started or two years from the date of construction.

Full Breakdown

Ch. ' The only carve-out, under (1)(b), is for accessory buildings of 120 square feet or less on non-permanent foundations that still meet setback, height and lot coverage rules. Applications go to the zoning administrator on a prescribed form and must include the owner's and contractor's names, a legal description, a scaled site plan showing the well and septic system, floor plans, and elevation drawings showing height from grade to roof peak. The administrator will not issue a permit if the property carries unresolved violations of Chapters 11, 14, 17, 46, 74 or 75 or delinquent real estate taxes.

Once issued, a permit expires one year from issuance if construction has not started, or two years from the date construction started; any permit obtained through material misrepresentation is void outright. For projects near setback lines, ch. 101(2) also requires a location survey, done once foundations or basement walls are complete and submitted before work continues, for any development within 10 feet of a road setback, side/rear yard setback, or a Chapter 11 shoreland/wetland buffer. This zoning-permit system applies only in the towns that have adopted the county's zoning ordinance; it does not reach Madison or the county's incorporated cities and villages, which issue their own building permits.

Violations & Fines

Building, expanding, or changing the use of a structure without the required zoning permit is a violation the zoning administrator can act on directly, and it also blocks the property from getting any future zoning permit until resolved. A permit secured through a materially false application is automatically null and void, and any project continuing under an expired or revoked permit is not allowed to proceed until a new permit is issued.

Frequently Asked Questions

When does Dane County require a zoning permit before building?
Under ch. 10.101(1)(a), a permit is required before erecting a new building, adding to or structurally altering an existing one, changing a building's land use, replacing a sign, or erecting a covered enclosure for domestic fowl, which needs one regardless of size.
Are small sheds exempt from the permit requirement?
Yes. Ch. 10.101(1)(b) exempts accessory buildings of 120 square feet or less built on non-permanent foundations, as long as they still meet the applicable setback, height, and lot coverage requirements for the zoning district.
How long is a Dane County zoning permit valid?
Ch. 10.101(1)(g) says a permit expires one year from issuance if construction hasn't started, or two years from the date construction began; a project continuing under an expired or revoked permit must obtain a new one before work resumes.
Can unpaid taxes stop a permit from being issued?
Yes. Ch. 10.101(1)(c) directs the zoning administrator not to issue a zoning permit for any property with delinquent real estate taxes or unresolved violations of the zoning, shoreland, floodplain, mining, subdivision or sewage chapters.

Sources & Official References

Other rules in Dane County

All Dane County rules

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