Dane County and Madison require grading permits for earthwork exceeding 400 cubic yards or disturbance of 4,000+ sq ft. Fill cannot redirect surface water onto adjoining lots. Retaining walls over 4 feet need engineered plans per WI DSPS UDC.
Grading is regulated through Dane County Code Ch. 14 and Madison MGO Ch. 37 erosion-control chapters plus zoning district filling standards. A grading permit is required for earthwork exceeding 400 cubic yards or land disturbance over 4,000 sq ft in Madison. Fill must be compacted per Wisconsin DSPS Uniform Dwelling Code Ch. SPS 321 for structural use. Surface drainage cannot be altered to discharge concentrated flow onto neighboring property; the state common-law rule modified by Wis. Stat. §88.87 allows reasonable modification but prohibits causing damage downstream. Retaining walls over 4 feet in height (measured bottom of footing to top) require engineered plans and a building permit. Finished grade must slope at least 6 inches in the first 10 feet away from foundations per UDC. In shoreland areas, filling within 300 feet of lakes or 75 feet of streams requires additional NR 115 review.
Unpermitted grading over threshold: stop-work and forfeiture $100-$2,500. Redirecting drainage causing neighbor damage: civil liability under Wis. Stat. §88.87 plus restoration order. Retaining wall built without engineering: removal or engineering retrofit required.
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