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Madison, WI Special Events & Permits: Outdoor Heater Rules (2026)

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

Key Facts

Approval required
Madison Fire Department, before use
Recommended clearance
5 ft from heater to objects
Propane requirement
approved tank-storage plan
Propane overnight storage
prohibited in right-of-way
Heaters banned under
umbrellas and tents

Summary

Outdoor heaters at a Madison sidewalk cafe need Madison Fire Department approval before use under MGO § 9.135(5)(h), and propane heaters additionally need an approved tank-storage plan: no propane may be used, or a tank left in the right-of-way overnight, without one.

(h)Heaters. Outdoor heaters may be used only if meeting the following requirements and only if approved by the Madison Fire Department prior to use:1.All proposed heaters and their location must be shown on the application diagram required by Sec. 9.135(3)(e). The applicant shall provide information including manufacturer, style, fuel or power source, and any other details required by the City.2.Heaters must be unplugged or disconnected when not in use and during after-hours outdoor storage, if allowed.3.Sufficient clearance shall be maintained between heaters and all other objects. Required minimum clearance distance depends on the heating device; five (5) feet is recommended...7.Propane Heaters. Propane heaters shall be used only in compliance with all Fire Department requirements and only after a propane heater and tank storage plan is approved by relevant City agencies including the Madison Fire Department and the Director. Propane shall not be used if such a plan is not approved. No propane tank shall be stored or remain in any part of the sidewalk cafe area or the public right-of-way after hours.

Full Breakdown

135(5)(h) treats heaters as regulated equipment, not something a cafe can simply set out. ' Every proposed heater and its location must appear on the cafe's application diagram, including manufacturer, style and fuel or power source. Heaters must be unplugged or disconnected whenever not in use or during after-hours storage, and operators must maintain the manufacturer's recommended clearance from other objects, the code recommends 5 feet as a default. Propane heaters carry an extra layer: they may be used 'only in compliance with all Fire Department requirements and only after a propane heater and tank storage plan is approved by relevant City agencies including the Madison Fire Department and the Director.

' No propane tank may be stored in the cafe area or public right-of-way after hours under any circumstance, tanks must be disconnected and removed nightly, and staff should be trained to detect leaks. 135(5)(f)-(g), which forbid drawing power from any city electrical source. 135(5)(c) and (5)(j)8 both prohibit that combination outright regardless of Fire Department approval.

Violations & Fines

Using an outdoor heater without Fire Department approval, or storing a propane tank in the right-of-way after hours, is a violation of MGO § 9.135(5), carrying the standard sidewalk-cafe forfeiture: $200 for a first offense in a calendar year, $250 for a second, and $300 for a third or later violation in the same year.

Frequently Asked Questions

Can I just buy a patio heater and set it up at my cafe?
No. Every heater and its exact location must appear on the cafe's approved application diagram and be cleared by the Madison Fire Department before it can be used, per § 9.135(5)(h).
Are propane heaters allowed?
Only with a propane heater and tank storage plan approved by both the Fire Department and the Director; without an approved plan, propane cannot be used at the cafe at all.
Can I store the propane tank in my cafe overnight?
No. Tanks must be disconnected and completely removed from the cafe area and public right-of-way after hours, every single night, regardless of any approved storage plan.
Can I put a heater under my patio umbrella?
No. § 9.135(5)(c) and (5)(j)8 both flatly ban heaters under umbrellas and under pop-up tents, regardless of clearance or Fire Department sign-off.

Sources & Official References

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