Madison MGO 37 requires grading permits for movement of 50+ cubic yards or slope changes exceeding 3:1. Drainage must not adversely affect neighbors. Positive drainage from structures required per building code.
Madison General Ordinances Chapter 37 and the building code (MGO 29) regulate grading and drainage. A grading permit from Madison Engineering is required when moving more than 50 cubic yards of soil, creating slopes steeper than 3:1 (horizontal:vertical), altering drainage across property lines, or affecting regulated waters. Grading plans must show existing/proposed contours, drainage paths, erosion control, and impacts to neighbors. The Wisconsin common law civil law rule applies to surface water: upper landowners cannot unreasonably increase the volume, velocity, or concentration of water flowing onto downstream properties (State v. Deetz and progeny). Foundation drainage must direct water away from structures (minimum 6-inch fall in first 10 feet per WI UDC). Sump pump discharge cannot be directed to the sanitary sewer (MGO 13) — must discharge to surface or storm sewer at least 20 feet from foundations. Neighbor drainage disputes go through Building Inspection with civil remedy via circuit court.
Unpermitted grading: stop-work, restoration, $250-$2,500. Sanitary sewer sump discharge: $100/month surcharge + disconnection order.
Madison, WI
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