Does Madison, WI have its own plastic bag rules ordinance?

No. Madison, WI does not appear to have a local plastic bag rules ordinance, Wisconsin state law applies instead. The rules summarized on this page come from Wis. Stat. §66.0419.

Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Madison

Madison, WI Single-Use Items: Plastic Bag Rules (2026)

Few Restrictions

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

Key Facts

Preemption statute: Wis. Stat. §66.0419
Enacted: 2016 Wis. Act 302
Local ban allowed: No
Voluntary programs: Permitted

Summary

Wisconsin Act 302 (2016), codified at Wis. Stat. §66.0419, preempts any Madison ordinance regulating, banning, or charging fees on single-use plastic carryout bags, blocking the kind of policies seen in Milwaukee proposals or Minneapolis.

66.0419 Local regulation of auxiliary containers. (1) In this section: (a) "Auxiliary container" means a bag, cup, bottle, can, or other packaging that is designed to be reusable or single-use; that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multi-layer substrates; and that is designed for transporting or protecting merchandise, food, or beverages from a food service or retail facility. (b) "Political subdivision" means a city, village, town, or county. (2) No political subdivision may do any of the following: (a) Enact or enforce an ordinance or adopt or enforce a resolution regulating the use, disposition, or sale of auxiliary containers. (b) Prohibit or restrict auxiliary containers. (c) Impose a fee, charge, or surcharge on auxiliary containers.

Source: Wis. Stat. §66.0419View official code

Full Breakdown

Wis. Stat. §66.0419 prohibits political subdivisions, including Madison, from regulating the use, disposition, or sale of auxiliary containers: defined to include plastic bags, paper bags, and reusable bags. The 2016 Republican-led legislature passed Act 302 specifically to head off Madison and Milwaukee bag-ban proposals. Madison can run voluntary bag-reduction education through its Streets Division and Sustainability office, and retailers can opt into bag fees, but the city cannot mandate them. Madison participates in regional reusable-bag campaigns and offers retailer recognition programs, but enforcement-based bag policy is statutorily off the table absent legislative repeal.

Violations & Fines

There are no Madison bag-ban violations because no ban exists; any local ordinance attempting one would be void under Wis. Stat. §66.0419 and subject to challenge by the Wisconsin Manufacturers & Commerce trade group.

Frequently Asked Questions

Why doesn't Madison ban plastic bags?

Wisconsin Act 302 (2016) preempts local container regulations. Madison legally cannot ban or fee plastic bags unless the legislature repeals Wis. Stat. §66.0419.

Can stores charge for bags voluntarily?

Yes. The preemption stops government mandates, not retailer business decisions. Some Madison co-ops and grocers charge five to ten cents per bag as a voluntary policy.

Sources & Official References

[1]Wis. Stat. §66.0419

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Compare Madison to another location·View the Wisconsin single-use items overview

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