Wis. Stat. §66.0401 extends beyond municipalities to restrictive covenants: HOAs cannot effectively prohibit solar panels. Reasonable placement rules allowed only if they don't significantly increase cost (10%+) or decrease efficiency (10%+).
Wisconsin Statute §66.0401(1m) makes any deed restriction, covenant, or other instrument that prohibits or restricts solar energy systems VOID and UNENFORCEABLE unless the restriction (1) serves to preserve or protect public health or safety, (2) does not significantly increase the cost of the system (generally interpreted as 10% or less) or significantly decrease its efficiency (10% or less), or (3) allows alternative systems of comparable cost and efficiency. HOAs in Madison, Sun Prairie, Middleton, Fitchburg, Verona, Stoughton, and Monona subdivisions cannot ban rooftop solar outright. HOAs may still impose reasonable placement guidelines (e.g., prefer rear or side-facing roof surfaces where feasible), require screening of ground-mount equipment, and mandate professional installation meeting the Wisconsin UDC. Battery storage (Tesla Powerwall, etc.) is not explicitly covered by §66.0401 but courts have generally extended protection. Architectural review must be completed within reasonable time; indefinite delays violate the solar-access law. A homeowner denied improperly may sue for declaratory and injunctive relief plus attorney fees.
HOA enforcing void covenant: unenforceable; homeowner may sue for declaratory relief and attorney fees. HOA delay beyond reasonable period: treated as constructive denial subject to §66.0401 challenge. Approval conditions raising cost >10%: likely void.
Middleton, WI
Middleton regulates amplified music under its general noise ordinance. The Good Neighbor Festival and Hubbard Avenue Diner summer events have special noise p...
Middleton, WI
Middleton considers excessive barking a nuisance. Animal control handles complaints. WI Stat. §174 covers dog regulation statewide.
Middleton, WI
Middleton enforces quiet hours typically 10 PM to 7 AM. Noise disturbances enforceable under WI Stat. §947.01 (Disorderly Conduct).
Middleton, WI
Middleton enforces alternate-side parking November 15 through March 15 and 48-hour maximum street parking year-round. Snow emergencies trigger full parking b...
Middleton, WI
Middleton restricts commercial vehicle parking in residential zones. Weight, size, and signage limits apply. Overnight heavy truck storage prohibited.
Middleton, WI
Middleton requires vehicles parked on improved surfaces. Front lawn parking prohibited. Driveway modifications require permits.
Side-by-side rule comparisons with other cities in Dane County.
See how Middleton's hoa restrictions rules stack up against other locations.
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