Zoning, building permits and septic rules in Town of Dane, Wisconsin

Town of Dane’s own rules

• Building permitRequired

  New one- and two-family homes, attached garages, listed alterations, wiring, plumbing, decks, agricultural and pole buildings, and accessory buildings over 120 square feet inside the Town of Dane.

  • Town procedures list exemptions including swimming pools, children's play structures, residing, reroofing, interior finishing, cabinetry installation, minor repairs, normal HVAC/plumbing repairs, and repairs to electrical equipment or systems.
  • A Town building permit follows the required zoning process.

  accessory-building threshold: > 120 square feet (Accessory buildings over this size are listed as requiring permits.)

  “After Public Hearing is approved you will need a Building Permit from Town of Dane Building Inspector. He will set up appointments for various aspects of work for your property. PERMITS ARE REQUIRED FOR THE FOLLOWING: All new 1 & 2 Family Homes and Attached Garages”

• InspectionsRequired

  Permitted construction inside the Town of Dane.

  • The Town Building Inspector sets appointments after public-hearing approval.
  • Dane County separately inspects projects for zoning-permit compliance.

  “He will set up appointments for various aspects of work for your property.”

• Local zoningPresent (with conditions)

  Land inside the Town of Dane, where the Town has adopted the revised Dane County zoning ordinance and map and directs applicants to Dane County zoning.

  • Dane County issues zoning permits; a zoning permit is required before a Town building permit.

  “Dane County Zoning Ordinance (revised Chapter 10 of the Dane County Code, revision adopted by Dane Town Board 3/4/2019)”

• Zoning districtsPublished (with conditions)

  Zoning districts applicable inside the Town of Dane.

  • The Town page links a Town zoning map adopted with the revised County zoning ordinance.
  • District application remains parcel-specific.

  “Dane County Zoning Ordinance (revised Chapter 10 of the Dane County Code, revision adopted by Dane Town Board 3/4/2019) Town of Dane Zoning Map (revision adopted by the Dane Town Board 3/4/2019) Zoning District Fact Sheets”

• Accessory dwellingsLimited

  ADUs in SFR-08, SFR-1, SFR-2, RR-1, RR-2, RR-4, RR-8, RM-8, and RM-16 districts inside the Town of Dane.

  • ADUs are limited to 800 square feet and two bedrooms; the owner must reside in either the principal residence or ADU.
  • The lot must satisfy applicable minimum dimensions and setbacks, building and sanitary codes, adequate off-street parking, and privacy conditions.
  • Attached ADUs need a conditional-use permit; detached ADUs need zoning and conditional-use permits; no more than one ADU per lot.
  • ADUs are prohibited in TFR-08, MFR-08, HAM-R, HAM-M, and GC under the ordinance.

  maximum ADU floor area: <= 800 square feet (Second residence on the same lot as an existing principal residence.) · maximum bedrooms: <= 2 bedrooms

  “Attached accessory dwelling units may be approved with a conditional use permit.”

• Driveway accessRequired

  New or materially altered driveways inside the Town of Dane or driveways connecting to a Dane road.

  • The permit must be obtained before construction, extension, or listed material alteration.
  • State, county, or village road right-of-way crossings require permits from those respective entities.
  • Construction must commence within one year of Town Board approval and finish within one year after commencement; extension for unanticipated hardship is capped at six months.

  minimum sight distance: >= 400 feet (Measured from both directions for vehicles exiting the driveway.)

  “A Town of Dane driveway permit is required before any of the following activities may be commenced:”

• Permit feesPublished (with conditions)

  Town building permits inside the Town of Dane.

  • The published schedule is expressly for 2025 and was adopted by the Town Board on January 6, 2025.

  “TABLE-1 WISCONSIN UNIFORM BUILDING CODE SCHEDULE OF PERMIT FEES FOR 2025 ADOPTED BY DANE TOWN BOARD 1/6/2025”

• Permit processPublished (with conditions)

  Building and zoning approvals inside the Town of Dane.

  • A zoning permit is required before a Town building permit.
  • The listed process requires driveway-permit/CSM approval and County zoning public hearing before the Town building permit.

  “Zoning Permit is required prior to obtaining a Town Building Permit.”

Rules another office applies inside Town of Dane

Town of Dane does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Minimum lot sizeDistrict specific (with conditions)

  SFR-1 (Single-Family Residential, 1 to 2 Acres) zoned land inside the Town of Dane.

  • Public rights-of-way are excluded from lot area.

  minimum lot area: >= 1 acre (Excluding public rights-of-way.) · minimum lot width: >= 100 feet

  “Lot dimensions. (a) Minimum lot size. All lots must be at least one acre in area, excluding public rights-of-way. (b) Minimum lot width. All lots must be at least 100 feet wide.”

• SetbacksDistrict specific (with conditions)

  SFR-1 zoned land inside the Town of Dane.

  • Front-yard compliance is governed by the road setbacks in section 10.102(9).
  • The retrieved provision contains exemptions for certain accessory buildings.

  principal/accessory side setback: >= 10 feet (Except for stated exemptions.)

  “Setbacks and required yards. (a) Front yard. Any permitted structure must comply with road setbacks as described in s. 10.102(9). (b) Side yard. [...] accessory buildings must be at least 10 feet from the rear lot line.”

• Lot coverageDistrict specific (with conditions)

  SFR-1 zoned land inside the Town of Dane.

  • Public rights-of-way are excluded.
  • Accessory buildings cannot exceed 100% of the principal-building footprint.

  interior-lot coverage: <= 35 percent (Of total lot area excluding public rights-of-way.) · corner-lot coverage: <= 40 percent (Of total lot area excluding public rights-of-way.)

  “The total area of all buildings and structures must not exceed: 1. Interior lots: 35% of the total lot area, excluding public rights-of-way. 2. Corner lots: 40% of the total lot area, excluding public rights-of-way.”

• Building heightDistrict specific (with conditions)

  SFR-1 zoned land inside the Town of Dane.

  principal residential height: <= 35 feet (Also limited to two and one-half stories.) · accessory-building height: <= 16 feet

  “Principal buildings. Residential buildings shall not exceed two and a half stories or 35 feet in height. (b) Accessory buildings. Accessory buildings shall not exceed 16 feet in height.”

• Who permits septicMixed (with conditions)

  Private septic systems inside the Town of Dane, within Dane County.

  • Public Health Madison & Dane County describes services as available to all who live in and visit Madison and Dane County.
  • Applicable state and county law require regular inspection for most systems.

  “We issue permits and inspect private septic systems and private wells”

• Septic permitRequired

  Installation, replacement, repair, extension, enlargement, reconnection, or other modification of a private septic system inside the Town of Dane.

  • A soil evaluation by a licensed certified soil tester and design by a licensed professional are required steps.
  • The licensed professional submits the application; some systems require plan review.

  “You Need a Sanitary Permit to: Install a new private septic system or replace a system Repair, extend, or enlarge an existing private septic system Reconnect to an existing private septic system Modify an existing private septic system in some other way”

• Septic inspectionRequired

  Private septic systems inside the Town of Dane, as part of Dane County.

  • Most systems require inspection every three years; some require more frequent service.
  • If inspection finds tanks one-third or more full with combined scum and sludge, pumping is also required.

  inspection frequency for most systems: per 3 years (Some systems require more frequent service.)

  “All septic systems in Dane County must be inspected and serviced on a regular basis to make sure that they’re working correctly. This prevents septic system failures or helps to identify them as quickly as possible. Inspection frequency. State and county law requires an inspection every three years for most systems.”

• Well permitRequired

  Private wells built inside the Town of Dane.

  • A Dane County well-location permit is required before construction.
  • A Wisconsin DNR well-construction permit is also needed and is usually handled by a licensed well professional.

  “Before you build a well, you are required to get a well location permit. We make sure your well is properly setback from potential sources of contamination. Call us at 608-242-6515 for details about the permit and the process for building a well in Dane County.”

• Subdividing landRegulated (with conditions)

  Land divisions inside the Town of Dane.

  • The ordinance applies when one or more lots are divided and any resulting lot is 35 acres or less.
  • A certified survey map is required for fewer than five lots; a subdivision plat is required for five or more.
  • The Town must also approve the CSM or plat.

  land-division threshold: <= 35 acres (Applies if any divided lot is this size or smaller.) · CSM threshold: < 5 lots (Subdivision plat is needed for five or more lots.)

  “The Dane County subdivision ordinance governs the division of land into smaller parcels. This ordinance includes requirements for layout, public streets, improvements, dedications and lot design. It applies if you divide one or more lots from your property, with any lot 35 acres or less in size.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Dane or Dane County directly.

• Owner-builder exemption — Owner-built construction inside the Town of Dane.
• Building code adopted — Building construction inside the Town of Dane.
• Certificate of occupancy — Occupancy of buildings inside the Town of Dane.
• Minimum dwelling size — Dwellings inside the Town of Dane.
• Living in an RV — RV occupancy on private land inside the Town of Dane.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.