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Madison, WI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Application fee
$750 nonrefundable
Annual minimum fee
$500
Required insurance
$1,000,000 per occurrence
Appeal deadline
30 days to Board of Public Works
Removal notice
10 days
Penalty
$25-$500 per day

Summary

Any awning, vault, sign, or other fixture that projects past a Madison property's lot line into the street right-of-way needs a 'privilege in streets' permit under MGO § 10.31. The Economic Development Division charges a nonrefundable $750 application fee plus an annual minimum fee of $500, and requires $1 million in liability insurance before the City lets the encroachment stand.

Privilege for an obstruction or enlargement or alteration to such obstruction beyond the lot line, or within the public street right-of-way, alley or public ground, other than by permit issued under another provision of these ordinances, for encroachments of ninety (90) days or less, shall be granted only as provided in this section... Applications for privileges in streets shall be made to the Economic Development Division of the Planning and Community and Economic Development Department. A nonrefundable application and initial processing fee of seven hundred fifty dollars ($750) shall accompany said application... An annual minimum fee of five hundred dollars ($500) or an amount established hereinafter, shall be charged for the privilege of encroaching into street right-of-way.

Full Breakdown

31, anyone occupying public street right-of-way for more than 90 days, a bay window, underground vault, awning, or similar structure, must apply to the Economic Development Division of the Planning and Community and Economic Development Department. The application requires a nonrefundable $750 processing fee, a Report of Ownership, and a scaled drawing showing the encroachment's location and square footage. If the Director approves, the applicant signs a recorded agreement and pays an annual rental fee: for each story of use, 5% of the abutting lot's assessed square-foot value multiplied by the square footage occupied (10% for surface use), or $500, whichever is greater, recalculated every five years.

Monitoring wells and similar installations carry a $500 base fee plus $100 per additional location. The applicant must also carry commercial general liability insurance naming the City as an additional insured, with minimum limits of $1,000,000 per occurrence. Existing sidewalk vaults face separate loading standards (100-250 psf depending on vehicular restriction) and must be certified safe or removed within 80 days of a deficiency notice. Some uses are fee-exempt, including neighborhood identification signs, bicycle racks, Little Free Libraries, and approved bus shelters or transit seating. 05 may issue on a property with an unresolved encroachment unless an emergency exists.

Violations & Fines

Encroaching without an approved privilege is an unlawful obstruction under § 10.31(5): a forfeiture of $25 to $500, with each day the encroachment continues counted as a separate offense. The City can also order removal on 10 days' written notice; if the owner does not comply, removal proceeds at the owner's expense and the cost is levied as a special charge against the property.

Frequently Asked Questions

What counts as an encroachment in Madison's right-of-way?
Any obstruction, enlargement, or structure beyond the lot line into a public street, alley, or public ground for more than 90 days, awnings, vaults, signs, and similar fixtures, requires a privilege in streets under MGO § 10.31, unless it is covered by another specific permit.
How much does a Madison encroachment permit cost?
A nonrefundable $750 application and processing fee is due with the application, and once approved, an annual minimum fee of $500 applies, recalculated using City Assessor values every five years under § 10.31(3)(d).
Can Madison make me remove an approved encroachment later?
Yes. Section 10.31(3)(c) lets the City require removal on 10 days' written notice with no compensation to the applicant, and the applicant's heirs or assigns bear the removal cost if they fail to comply.
What if the Director denies my encroachment application?
Section 10.31(2)(b) lets the applicant or any interested party appeal in writing to the Board of Public Works within 30 days of the denial notice; further appeal goes to Circuit Court by certiorari within 30 days of the Board's decision.

Sources & Official References

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