Night Caps: Fitchburg vs Madison
How do night caps rules compare between Fitchburg, WI and Madison, WI?
Fitchburg has fewer restrictions than Madison.
Fitchburg, WI
Dane County
Dane County does not impose a county-wide annual night cap on short-term rentals. Wis. Stat. §66.1014 (the right-to-rent law) bars local governments from prohibiting rentals of 7+ consecutive days and forbids capping 6-29 day rentals below 180 days per year. State licensing under Wis. Admin. Code ATCP 72 kicks in once a property is rented more than 10 nights in a year.
View full Fitchburg rules →Madison, WI
Dane County
Madison caps non-owner-occupied short-term rentals at 30 nights per calendar year under WI Stat. 66.1014 and MGO Chapter 32. Owner-occupied primary residences have no night cap but the 30-day minimum stay rule applies when the owner is absent for longer periods.
View full Madison rules →Key Facts Comparison
| Fact | Fitchburg | Madison |
|---|---|---|
| County Annual Night Cap | None for unincorporated areas | - |
| State Right-to-Rent Floor | Wis. Stat. §66.1014 — min 180 days/yr | - |
| 7+ Consecutive Days | Cannot be banned by local government | - |
| Licensing Trigger | >10 nights/year — ATCP 72 TRH license required | - |
| Max Stay per Guest (CUP) | 29 consecutive days (Transient Lodging use) | - |
| Licensing Authority | Public Health Madison & Dane County (608-242-6515) | - |
| Non-Primary Cap | - | 30 nights/yr |
| Primary | - | No cap |
| State Law | - | WI 66.1014 |
| Guest Log | - | Required |
| Min Stay | - | 7 nights if owner gone 30+ days |
Highlighted rows indicate differences between cities.
Fitchburg FAQ
Does Dane County limit how many nights I can rent my unincorporated property each year?
No. Dane County has not adopted a county-wide annual night cap. State law (Wis. Stat. §66.1014) blocks local governments from banning rentals of 7+ consecutive days and prohibits capping 6-29 day rentals below 180 days per year. Once you rent more than 10 nights in a year you must hold a state Tourist Rooming House license issued through Public Health Madison & Dane County.
Can my Dane County town ban short-term rentals outright?
No. Wis. Stat. §66.1014 prevents Wisconsin towns and counties from banning rentals of 7 days or longer. Towns can still impose licensing, safety, and occupancy standards, and can regulate rentals shorter than 7 days more strictly.
What rental-length limits apply under Dane County Chapter 10 zoning?
Dane County's Transient/Tourist Lodging conditional use covers stays of no more than 29 consecutive days per registered guest, in properties with up to 8 bedrooms and 20 non-family guests at a time. Properties exceeding those thresholds are treated as commercial lodging requiring a rezone.
Madison FAQ
What counts as a primary residence in Madison?
A dwelling where the owner lives at least 51% of the year, verified by voter registration, driver license, and utility records.
Does the 30-night cap apply to 30-day-plus rentals?
No. Stays of 30 or more consecutive days are not short-term rentals and are not counted toward the cap.
Compare other topics
See how Fitchburg and Madison compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool