LAKEFRONT DEVELOPMENT.
Madison General Ordinances § 28.138
in effect28.138 - LAKEFRONT DEVELOPMENT.
(1) Statement of Purpose. This subsection is established to further the maintenance of safe and healthful conditions by preserving and enhancing water quality, habitats, viewsheds, and other environmental and aesthetic qualities of lakes through the regulation of zoning lots abutting lakes within the City.
(2) Applicability.
(a) With the exception of (b) below, all new principal buildings, additions to principal building totaling in excess of five hundred (500) square feet during any ten (10) year period, or any accessory building on zoning lots abutting Lake Mendota, Lake Monona, Lake Wingra, Monona Bay, and associated bays, shall require conditional use approval and shall meet the requirements of this subsection.
(b) Conditional use approval and the requirements of this subsection shall not apply to any part of a zoning lot abutting Lake Mendota, Lake Monona, Lake Wingra, Monona Bay, and associated bays that is more than three hundred (300) feet from the Ordinary High Water Mark (OHWM) or is separated from the OHWM by a street or public right of way.
(3) General Regulations.
(a) Upon the filing of an application for a conditional use, the development plan shall show a complete inventory of shoreline vegetation in any area proposed for building, filling, grading or excavating. In addition, the development plan shall indicate those trees and shrubbery which will be removed as a result of the proposed development. The cutting of trees and shrubbery shall be limited in the strip thirty-five (35) feet inland from the normal waterline. On any zoning lot not more than thirty percent (30%) of the frontage shall be cleared of trees and shrubbery. Within the waterfront setback requirements tree and shrub cutting shall be limited by consideration of the effect on water quality, protection and scenic beauty, erosion control and reduction of the effluents and nutrients from the shoreland.
(b) Any building development for habitation shall be served with public sanitary sewer.
(c) Filling, grading and excavation of the zoning lot may be permitted only where protection against erosion, sedimentation and impairment of fish and aquatic life has been assured.
(d) Where the City's adopted Comprehensive or other Plans include a pedestrian walkway or bike path along the shoreline, the proposed development shall not interfere with its proposed location.
(e) Construction of marine retaining walls or bulkhead may be permitted providing such construction does not protrude beyond the established shoreline of the adjacent properties. Said retaining walls and bulkheads will be permitted only for the purpose of preventing shoreline recession. The filling and grading of the shoreline shall occur only in the construction of such retaining walls or bulkheads.
(f) Lot coverage within thirty-five (35) feet of the OHWM shall not exceed twenty percent (20%). Public paths within this area shall not be included in the lot coverage limit.
(g) In addition to complying with the above standards, boathouses shall not be constructed for human habitation.
(4) Lakefront Zoning Lots Where the Principal Use is One (1) or Two (2) Family Residential.
(a) Lakefront Yard Setback. The yard that abuts the lake shall be referred to as the "lakefront yard." The minimum depth of the lakefront yard setback from the Ordinary High Water Mark shall be calculated using one of four (4) following methods, provided that in no case shall principal buildings be located closer to the OHWM than twenty-five (25) feet. (Am. by ORD-24-00071, 11-8-24)
1. The average setback of the principal building on the two (2) adjoining lots, provided that the setbacks of those buildings are within twenty (20) feet of one another; or
2. If the subject property only abuts one developed lot, the setback of the existing principal residential structure on that abutting lot; or
3. The median setback of the principal building on the five (5) developed lots or three hundred (300) feet on either side, whichever is less (see illustration).
4. If none of the three (3) methods above apply, the minimum lakefront yard setback is seventy-five (75) feet.
[image omitted; see the official code]
Figure I4: Lakefront Yard Setback.
(5) Lakefront Zoning Lots Where the Principal Use is Other Than One (1) or Two (2) Family Residential or Public Park Land.
(a) Lakefront Yard Setback. The yard that abuts the lake shall be referred to as the "lakefront yard". (Am. by ORD-13-00190, 11-26-13Am. by ORD-24-00071, 11-8-24)
(b) The minimum setback from the OHWM shall be calculated using one of the following three (3) methods, provided that in no case shall a new principal building be located closer to the OHWM than seventy-five (75) feet.
1. The average setback of the principal buildings on the two (2) adjoining lots, provided that the setbacks of those buildings are within twenty (20) feet of one another, or
2. The median setback of the principal building on the five (5) developed lots or three hundred (300) feet on either side, whichever is less.
3. If neither of the two (2) methods above apply, the minimum lakefront yard setback is seventy-five (75) feet.
(c) Where the existing principal building setback is less than the lakefront average or median setback as identified in paragraphs 1. and 2. above, an addition to the existing principal building may only be constructed provided that:
1. The addition shall not be located closer to the OHWM than the lakefront setback of the existing principal building; and
2. The addition shall not exceed fifty percent (50%) of the width of the principal building façade facing the lake.
(Am. by ORD-13-00190, 11-26-13; Am. by ORD-25-00039, 6-27-25) (Am. by ORD-25-00039, 6-27-25)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH28ZOCOOR_SUBCHAPTER_28IGERE_28.138LADEFetched: 11/1/2026