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Madison, WI Short-Term Rentals: Night Caps (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 2026

Key Facts

Non-Primary Cap
30 nights/yr
Primary
No cap
State Law
WI 66.1014
Guest Log
Required
Min Stay
7 nights if owner gone 30+ days

Summary

Madison caps non-owner-occupied short-term rentals at 30 nights per calendar year under WI Stat. 66.1014 and MGO Chapter 32. Owner-occupied primary residences have no night cap but the 30-day minimum stay rule applies when the owner is absent for longer periods.

66.1014 Limits on residential dwelling rental prohibited. (1) In this section: (a) "Political subdivision" means any city, village, town, or county. (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. (2) (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. (b) If a political subdivision has in effect on September 23, 2017, an ordinance that is inconsistent with par. (a) or (d), the ordinance does not apply and may not be enforced. (c) Nothing in this subsection limits the authority of a political subdivision to enact an ordinance regulating the rental of a residential dwelling in a manner that is not inconsistent with the provisions of pars. (a) and (d). (d) 1. If a residential dwelling is rented for periods of more than 6 but fewer than 30 consecutive days, a political subdivision may limit the total number of days within any consecutive 365-day period that the dwelling may be rented to no fewer than 180 days. The political subdivision may not specify the period of time during which the residential dwelling may be rented, but the political subdivision may require that the maximum number of allowable rental days within a 365-day period must run consecutively. A person who rents the person's residential dwelling shall notify the clerk of the political subdivision in writing when the first rental within a 365-day period begins. 2. Any person who maintains, manages, or operates a short-term rental, as defined in s. 66.0615 (1) (dk), for more than 10 nights each year, shall do all of the following: a. Obtain from the department of agriculture, trade and consumer protection a license as a tourist rooming house, as defined in s. 97.01 (15k). b. Obtain from a political subdivision a license for conducting such activities, if a political subdivision enacts an ordinance requiring such a person to obtain a license.

Full Breakdown

Wisconsin Act 59 (codified at WI Stat. 66.1014) preempts outright STR bans but allows cities to impose a 30-night annual cap on rentals of fewer than 7 consecutive nights when the dwelling is not the owner's primary residence. Madison General Ordinances Chapter 32 adopts this 30-night cap for non-primary-residence STRs. If the property is the owner's primary residence (where they live at least 51% of the year), there is no night cap but state law requires a minimum 7-night stay rule for periods the owner is absent longer than 30 consecutive days. Operators must maintain a guest log and provide it on request. Exceeding caps is grounds for license revocation.

Violations & Fines

Exceeding 30 nights without primary residency can trigger MGO forfeitures and license revocation.

Frequently Asked Questions

What counts as a primary residence in Madison?
A dwelling where the owner lives at least 51% of the year, verified by voter registration, driver license, and utility records.
Does the 30-night cap apply to 30-day-plus rentals?
No. Stays of 30 or more consecutive days are not short-term rentals and are not counted toward the cap.

Sources & Official References

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