Madison, WI Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Standard
- Principal residence required
- Common proof
- Tax bill, license, voter reg
- Investor path
- Conditional use permit
- Code reference
- MGO 28.131
- State backstop
- Wis. Act 59 (2017)
Summary
Madison treats short-term rentals as accessory uses to a primary residence. Operators must demonstrate that the dwelling is their principal place of habitation, typically through tax records, voter registration, or a Wisconsin driver license bearing the property address.
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.
Full Breakdown
Madison's tourist rooming house framework under Sec. 28.131 ties STR registration to primary-residence status. The City Clerk's licensing checklist asks applicants to certify the unit is the host's principal residence and to provide supporting documents. Wisconsin Act 59 (2017) caps how aggressively the City can restrict short-term stays but does not stop Madison from defining who counts as a qualified operator. Investor-owned, non-resident STRs must instead pursue a conditional use permit, which entails neighbor notice, a public hearing, and Plan Commission discretion.
Violations & Fines
False certification of primary residence is grounds for license revocation, fines under Sec. 1.08, and referral for prosecution if the misrepresentation is material.
Frequently Asked Questions
Can I register two STRs in Madison?
What if I rent only when I travel?
Sources & Official References
Other rules in Madison
Compare Madison to another location·View the Wisconsin short-term rentals overview
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Primary-Residence-Only Rule in Nearby Cities
How other cities in Dane County handle primary-residence-only rule.