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Madison, WI Short-Term Rentals: Host Presence Rule (2026)

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

Key Facts

Code section
MGO Sec. 28.131
Owner-occupancy
Required by default
Non-occupant path
Conditional use permit
State authority
Wis. Act 59 (2017)
Annual registration
City Clerk + DATCP

Summary

Madison Sec. 28.131 requires that tourist rooming houses be located within an owner-occupied dwelling unless the operator obtains a separate conditional use permit. Hosts generally must reside on the property as their primary residence to qualify for routine STR registration.

66.1014 Limits on residential dwelling rental prohibited. 66.1014(1) (1) In this section: 66.1014(1)(a) (a) “Political subdivision” means any city, village, town, or county. 66.1014(1)(b) (b) “Residential dwelling” means any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. 66.1014(2) (2) 66.1014(2)(a) (a) Subject to par. (d) , a political subdivision may not enact or enforce an ordinance that prohibits the rental of a residential dwelling for 7 consecutive days or longer.

Source: Madison Tourist Rooming House LicensingView official code

Full Breakdown

Under Madison General Ordinance Sec. 28.131, a tourist rooming house in residential zones is permitted only when operated by an owner-occupant living on-site. A non-owner-occupied STR requires a conditional use approval from the Plan Commission, demonstrating compatibility with the neighborhood. Wisconsin Act 59 (2017) blocks Madison from outright banning rentals of six or more nights, but the state explicitly preserves local registration, zoning, and occupancy rules. Operators must register annually with the City Clerk and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).

Violations & Fines

Operating a non-owner-occupied tourist rooming house without conditional use approval is a zoning violation, with daily forfeitures and potential injunctive action by the City Attorney.

Frequently Asked Questions

Can I run an Airbnb if I do not live there?
Only with a conditional use permit approved by the Madison Plan Commission. Routine STR registration assumes the operator occupies the dwelling as a primary residence.
Did Wisconsin Act 59 override Madison's host rules?
No. Act 59 stops outright bans of rentals six nights or longer but expressly preserves local registration, occupancy, and zoning standards like Sec. 28.131.

Sources & Official References

Other rules in Madison

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All Madison rules

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