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Madison, WI Outdoor Cooking: Outdoor Kitchen Permits (2026)

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

Key Facts

Governing section
MGO § 28.151, Outdoor Cooking Operation
Applies to
Restaurants, grocers, caterers, not homes
By-right distance
200+ feet from residential lot line
Within 200 ft
Conditional use approval required
Residential-district cap
4 days, max 5x per year w/o CU
Penalty
$1–$1,000 forfeiture, § 28.207(1)

Summary

Madison zoning treats outdoor grilling or smoking as an "Outdoor Cooking Operation" only when it's an accessory use of a restaurant, grocery store, catering business or similar food-service use, not a backyard-kitchen permit for homeowners. Sec. 28.151, MGO allows it by right if it sits more than 200 feet from residential property; closer than that, it needs Plan Commission conditional-use approval.

Outdoor Cooking Operation. Outdoor preparation of food, including by grilling or smoking, as an accessory use of a restaurant, grocery store, catering business, or other use that prepares food for consumption by the public.(a)An outdoor cooking operation is a permitted use if it is not located within two hundred (200) feet from the property line of a lot with a residential use.(b)An outdoor cooking operation located within two hundred (200) feet from the property line of a lot with a residential use may be allowed with conditional use approval.(c)Outdoor cooking operations in residential districts are limited to four (4) days in duration not more than five (5) times a year unless approved as a conditional use.

Full Breakdown

Madison's code defines "Outdoor Cooking Operation" as "outdoor preparation of food, including by grilling or smoking, as an accessory use of a restaurant, grocery store, catering business, or other use that prepares food for consumption by the public", a commercial-use definition, not one covering a homeowner's private patio grill or pizza oven. The operative standard sits in Sec. 151, MGO alongside the definition: subsection (a) makes an outdoor cooking operation a permitted use if it is not located within 200 feet of the property line of a lot with a residential use, and subsection (b) requires Plan Commission conditional-use approval if it sits within that 200-foot buffer.

Subsection (c) adds a separate cap for residential districts specifically: outdoor cooking operations there are limited to four days in duration and no more than five times a year, unless the operator secures conditional-use approval for anything beyond that. Because the definition ties the use to a food-service business, a private residential outdoor kitchen, a grill, smoker or pizza oven built for a single-family household's own use, falls outside this section entirely and is not subject to a Madison permit requirement under Chapter 28. Enforcement of the commercial standard runs through the Zoning Administrator, with the general Chapter 28 penalty applying to violations of the distance and frequency limits.

Violations & Fines

A restaurant, grocer, or caterer that runs an outdoor cooking operation within 200 feet of residential property without conditional-use approval, or exceeds the four-day/five-times-a-year cap in a residential district without approval, violates Sec. 28.151, MGO. Sec. 28.207(1), MGO subjects any such Chapter 28 violation to a forfeiture of not less than $1 and not more than $1,000 upon conviction.

Frequently Asked Questions

Does Madison require a permit for a backyard grill or outdoor kitchen at my house?
No. Madison's zoning code defines "Outdoor Cooking Operation" as outdoor grilling or smoking that's an accessory use of a restaurant, grocery store, catering business or similar food-service use, Sec. 28.151, MGO, not a private residential activity, so a homeowner's patio grill or pizza oven isn't regulated under this section.
How close to homes can a restaurant run outdoor grilling or smoking?
An outdoor cooking operation is a permitted use if it sits more than 200 feet from the property line of a residential lot. Closer than 200 feet, Sec. 28.151(b), MGO requires Plan Commission conditional-use approval before it can operate.
Can outdoor cooking happen in a residential district?
Only on a limited basis. Sec. 28.151(c), MGO caps it at four days in duration and no more than five times a year, unless approved as a conditional use for anything beyond that.

Sources & Official References

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