ADU Owner Occupancy: Fitchburg vs Madison
How do adu owner occupancy rules compare between Fitchburg, WI and Madison, WI?
Fitchburg, WI
Dane County
No data available yet for Fitchburg.
Madison, WI
Dane County
Madison does not require owner-occupancy for ADU properties under MGO Chapter 28. Property owners may build an ADU and rent both units to separate tenants. The Common Council removed the owner-occupancy requirement in 2020 amendments to Section 28.151. Wisconsin has no state preemption on owner-occupancy. Condominium and HOA covenants under Wisconsin Statute Chapter 703 may impose private restrictions.
View full Madison rules →Key Facts Comparison
| Fact | Fitchburg | Madison |
|---|---|---|
| City Rule | - | No owner-occupancy required |
| Removed | - | 2020 MGO 28.151 amendment |
| State Preemption | - | None in Wisconsin |
| Condo Law | - | Wis. Stat. Ch. 703 |
Highlighted rows indicate differences between cities.
Fitchburg FAQ
No FAQs available.
Madison FAQ
Must I live on-site to have a Madison ADU?
No. Madison removed the owner-occupancy requirement from MGO 28.151 in 2020. Wisconsin lacks state-level ADU preemption legislation. Property owners may rent both the primary dwelling and ADU to separate tenants without city restriction.
Can my Madison condo association require owner-occupancy?
Possibly through declaration-based restrictions. Wisconsin Statute Chapter 703 allows condominium declarations to impose reasonable use restrictions, and Wisconsin courts uphold them. Most Madison single-family neighborhoods are fee-simple without HOAs. Review your specific declaration if applicable.
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