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Madison, WI Home Business: Zoning & Home Occupation Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
MGO § 28.151, Home Occupation
Staffing
Immediate family/dwelling occupants only
Floor-area cap
25% of one story
Exceeding limits
Requires Plan Commission conditional use
Penalty
$1–$1,000 forfeiture, § 28.207(1)
Disability exemption
Exempt from subsecs. (g)–(k)

Summary

Madison lets residents run a home occupation inside their dwelling without a separate permit, but Sec. 28.151, MGO caps it tightly: only household members may work there, no on-site wholesaling or vehicle repair, and no more than 25% of one floor's area. Exceed any of these limits, outside employees, an accessory-building workshop, non-domestic equipment, and you need Plan Commission conditional-use approval first.

(a)The occupation shall be conducted within a dwelling and not in an accessory building, unless authorized by the Plan Commission as a conditional use.(b)The occupation shall be clearly incidental and secondary to the principal use of the dwelling for dwelling purposes so as to protect the integrity and residential character of neighborhoods.(c)Only members of the immediate family residing on the premises or occupants of the dwelling may be employed, unless authorized by the Plan Commission as a conditional use.(f)No mechanical equipment shall be used except that which is used for purely domestic or household purposes, unless authorized by the plan commission as a conditional use.(g)No products shall be kept or commodities sold, other than those made on the premises, unless authorized by the plan commission as a conditional use.

Source: Madison General Ordinances Chapter 28View official code

Full Breakdown

Madison's zoning code treats a home business as a "Home Occupation" under the Supplemental Regulations of Sec. 151, MGO, which applies across zoning districts that allow dwellings. The baseline rule is that the business stays inside the house: subsection (a) requires the occupation be conducted within the dwelling itself, not in a garage or shed, unless the Plan Commission grants conditional-use approval for the accessory building. Subsection (b) requires the business stay "clearly incidental and secondary" to the home's residential use, and subsection (c) limits staffing to immediate family members residing on the premises or other occupants of the dwelling, hiring outside employees requires a conditional-use permit.

The code separately bars on-site wholesaling, manufacturing or assembly, and limousine, towing, cartage, auto-service or auto-repair businesses outright. Mechanical equipment is limited to what's normally used for household purposes (subsection (f)), and only goods actually made on the premises may be sold on-site (subsection (g)), samples can be displayed but not sold (subsection (h)). Space is capped at 25% of the floor area of one story of the dwelling (subsection (i)), the entrance to the business space must be from inside the building (subsection (j)), and no structural alterations may be made to accommodate the business (subsection (k)).

Subsection (m) exempts a home occupation run by a person with a disability who cannot work outside the home, verified by a physician's statement, from subsections (g) through (k). The Zoning Administrator enforces these standards, and any violation of Chapter 28, including exceeding home occupation limits without conditional-use approval, is punishable under Sec. 207(1), MGO.

Violations & Fines

Operating outside these limits, hiring non-family staff, working from a detached garage, or exceeding the 25% floor-area cap, without first securing Plan Commission conditional-use approval violates Chapter 28. Sec. 28.207(1), MGO makes any violation of the zoning chapter's requirements punishable, upon conviction, by a forfeiture of not less than $1 and not more than $1,000, enforced through the City's Zoning Administrator and municipal court.

Frequently Asked Questions

Do I need a permit to start a home business in Madison?
Not if you stay within the standard limits: the business is run inside your dwelling, only household members work there, and you use no more than 25% of one story's floor area. Go beyond those limits, outside employees, an accessory-building workshop, non-domestic equipment, and Sec. 28.151, MGO requires Plan Commission conditional-use approval first.
Can I hire employees for my home-based business?
Only if they're immediate family members residing on the premises or other occupants of the dwelling. Sec. 28.151(c), MGO lets you hire outside staff only with Plan Commission conditional-use approval, which the Commission grants case-by-case.
What businesses are flatly not allowed as home occupations?
Sec. 28.151(e), MGO bars on-site wholesaling, manufacturing or assembly, plus limousine, towing, cartage, or auto service/repair businesses (except for vehicles registered to residents), with no conditional-use path around this restriction.

Sources & Official References

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How Madison compares: Easiest Cities to Run a Home Business·Compare Madison to another location·View the Wisconsin home business overview

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