Night Caps: Madison vs Middleton
How do night caps rules compare between Madison, WI and Middleton, WI?
Middleton has fewer restrictions than Madison.
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 →Middleton, 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 Middleton rules →Key Facts Comparison
| Fact | Madison | Middleton |
|---|---|---|
| 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 | - |
| 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) |
Highlighted rows indicate differences between cities.
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.
Middleton 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.
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