ADU Owner Occupancy: Madison vs Middleton
How do adu owner occupancy rules compare between Madison, WI and Middleton, WI?
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 →Middleton, WI
Dane County
No data available yet for Middleton.
Key Facts Comparison
| Fact | Madison | Middleton |
|---|---|---|
| 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.
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.
Middleton FAQ
No FAQs available.
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