Dane County is the state's second largest county and its fastest growing, but its permitting role is narrower than its size suggests: the Department of Planning and Development reviews development activity in the unincorporated areas and administers the county's own ordinances, while building permits are issued at town level.
The department is organised into Zoning, Planning, and Land Records and Support divisions, administering county zoning in the rural unincorporated towns, the shoreland zoning ordinance, conditional use permits, and the land division and certified survey map process — and maintaining property records across the county other than the City of Madison.
This guide covers unincorporated Dane County. Madison, Fitchburg, Middleton, Sun Prairie, Verona, Stoughton and the county's other cities and villages permit independently and are outside county zoning jurisdiction entirely.
Three different agencies for one rural house. A new single-family home on an unincorporated Dane County lot typically needs a county zoning permit from Planning and Development, a sanitary permit from Madison and Dane County Public Health — preceded by a licensed soil evaluation and a septic design by a licensed plumber — a driveway permit from the town, county or state depending on road jurisdiction, and a town building permit. Sequence them; several are prerequisites to the others.
What requires a building permit in Dane County?
Wisconsin splits construction into two statewide instruments, and neither one is a city invention. One- and two-family homes run on the Wisconsin Uniform Dwelling Code (SPS 320 to 325), a code Wisconsin wrote for itself — the state never adopted the International Residential Code, so IRC chapter references from other states simply do not apply here. Everything that is a public building or a place of employment, including any residential building of three or more units, runs on the Wisconsin Commercial Building Code (SPS 361 to 366), which moved to the 2021 I-codes effective September 1, 2025; plans submitted on or after November 1, 2025 must comply with the 2021 editions. Under Wis. Stat. 101.65(1c) and 101.02(7r)(a), Dane County may not enforce different technical standards — local ordinances must strictly conform to the state codes.
Typically permit required
- County zoning permits for new development on land under county zoning in the unincorporated towns
- Shoreland zoning, shoreland mitigation and shoreland erosion control permits for new construction near navigable water
- Conditional use permits, approved by the Zoning and Land Regulation Committee and administered by the Zoning Division
- Rezoning and certified survey map approvals where a lot is being created or reclassified
- Sanitary permits for private onsite wastewater systems — through Madison and Dane County Public Health, not the county planning department
- Town building permits and driveway permits, issued locally
Often exempt
- Construction entirely within the existing three-dimensional volume of a building that disturbs no ground — though town building and driveway permits and county sanitary permits may still apply
- Anything inside an incorporated city or village, which is outside county zoning jurisdiction
- Buildings used for farming — exempt from the state code under Wis. Stat. 101.05(5), with farming defined by DSPS rule; a produce stand stays exempt only while the farmer raised substantially all of what it sells
- Primitive rural hunting cabins — carved out of municipal jurisdiction by Wis. Stat. 101.65(1g)
- Bed-and-breakfast establishments as defined by statute (Wis. Stat. 101.05(2))
What is actually local, and what is not
The building code is the state's and is enforced by the town or its contracted inspector. What Dane County adds is land-use control in the unincorporated areas: zoning districts, conditional uses, shoreland setbacks, wetland buffers, impervious surface limits and vegetative buffer zones, all measured from the ordinary high water mark, which also marks the boundary between state natural resources authority and county shoreland zoning.
Who handles permitting in Dane County?
Planning and Development reviews development activity in unincorporated Dane County and administers county ordinances; the Zoning Division issues zoning permits and administers conditional uses. Building permits come from the town or its contracted building inspector. Sanitary permits come from Madison and Dane County Public Health at (608) 242-6515.
| Detail | Information |
|---|---|
| Department | Dane County Department of Planning and Development |
| Phone | (608) 266-4266 — Planning and Development |
| Sanitary permits | Madison and Dane County Public Health, (608) 242-6515 |
| County issues | Zoning, shoreland, conditional use, rezoning, land division |
| Building permits | Town or contracted town building inspector |
| Jurisdiction | Unincorporated towns only — not cities or villages |
Permit types
Residential permits
A rural house runs on the Uniform Dwelling Code and is permitted by the town, with the state Dwelling Contractor certification and Qualifier required. The county work comes first: zoning permits may be obtained once zoning is secured and any certified survey map is recorded, and a sanitary permit requires a soil evaluation by a licensed soils tester and a system designed by a licensed plumber.
How Wisconsin contractor licensing works
Wisconsin has no state general contractor license for commercial work — the city's own forms note that 2013 Wisconsin Act 20 ended state building-contractor registration on July 2, 2013. For one- and two-family work the state requires a Dwelling Contractor certification on the business and a Dwelling Contractor Qualifier on an individual, and under Wis. Stat. 101.65(1m) Dane County may not issue a building permit to a contractor who cannot produce them; owner-occupants are exempt. Electricians and plumbers are licensed statewide by DSPS. HVAC contractors only register with the state — there is no state HVAC license — which is exactly where local rules step in. Dane County licenses no trades; state credentials govern, and the town verifies them at building permit issuance.
Commercial permits
Commercial development in the unincorporated towns generally needs county land-use approval — often a conditional use permit, with a scaled site plan, legal description, neighbourhood map and building elevations — before any building permit. Commercial plan review under the state building code routes to the state or a delegated municipality; Dane County holds no commercial plan review delegation.
Mechanical work, and where the state reviews directly
Commercial plan review in Wisconsin is a two-step: under Wis. Stat. 101.12(3)(h) the plan approval comes first and the local permit cannot issue without it. The state review trigger is 25,000 cubic feet, plus categorical triggers at any size for schools, high-hazard occupancies and residential buildings of three or more units. At 50,000 cubic feet plans must be prepared, signed and sealed by a Wisconsin-registered design professional, with a supervising professional retained for construction observation. Commercial plumbing plans go to review at sixteen or more fixtures. Conditional use applications must explain hours of operation, employee numbers, outdoor storage and activities, stormwater management and how sanitary facilities will serve the use.
Dane County permit costs and fees
County fees are published in the Planning and Development fee schedule and are separate from town building permit fees and public health sanitary fees. Budget for all three on a rural build.
| Item | Fee or rule |
|---|---|
| County zoning permit | Per the Planning and Development fee schedule |
| Conditional use permit | Per the fee schedule; committee approval required after public hearing |
| Certified survey map process | Requires a licensed land surveyor; review may take forty-five to ninety days |
| Sanitary permit | Through Madison and Dane County Public Health, with soil evaluation and septic design costs separate |
| Town building permit | Set by the town or its contracted inspector |
Shoreland rules bite hardest. Near navigable water, new construction must meet floodplain regulations, setbacks, wetland buffers, impervious surface limits and vegetative buffer zone protections — or qualify for mitigation. Variances are needed only where the lot physically cannot meet the site design or mitigation standards.
Trade permits and who may pull them
Trades are state-credentialed and permitted at town level, with septic work requiring a licensed plumber and a licensed soils tester for the evaluation.
Permit required
- Electrical, plumbing and HVAC — state credentials; town permits
- Septic systems — soil evaluation by a licensed soils tester; design by a licensed plumber; permit through public health
- One- and two-family general work — state Dwelling Contractor plus Qualifier
- Land division — certified survey map prepared by a licensed land surveyor
Typically exempt
- Owner-occupants within the state exemptions, subject to town rules
- Interior work disturbing no ground and staying within the existing building volume — town permits may still apply
How to apply for a Dane County building permit
County zoning applies only outside cities and villages.
Rezoning or conditional use approval where needed; zoning permits follow once zoning is secured.
Surveyor prepared, agency reviewed, forty-five to ninety days typical.
Soil evaluation, septic design, then the permit through Madison and Dane County Public Health.
From the town, county or state depending on which road you access.
With state contractor credentials; the town or its inspector issues and inspects.
Review, corrections and what actually causes delay
Dane County timelines are driven by the approvals that precede the building permit rather than the building permit itself. A certified survey map alone can run forty-five to ninety days, and conditional uses require a public hearing before the Zoning and Land Regulation Committee.
Inspections in Dane County
Building inspections are performed by the town or its contracted inspector under the state code. County involvement after approval is limited to verifying that required documents — deed restrictions, joint driveway, well or sanitary easement agreements — have been recorded with the Register of Deeds.
Dane County permit search and official resources
- Dane County Planning and Development — zoning, shoreland, conditional use and land division
- Dane County permits and applications — forms and the current fee schedule
- DSPS plan review — state triggers and delegated authority lists
- Wisconsin Uniform Dwelling Code — SPS 320 to 325 as published
Frequently asked questions
Does Dane County issue building permits?
No. The county issues zoning, shoreland, conditional use and land division approvals in unincorporated areas; the building permit comes from the town or its contracted building inspector.
Where do I get a septic permit?
From Madison and Dane County Public Health, after a licensed soils tester performs a soil evaluation and a licensed plumber designs the system.
Does county zoning apply inside Madison?
No. County zoning and the shoreland ordinance apply only in unincorporated towns; incorporated cities and villages administer their own.
What triggers shoreland review?
New construction near navigable water, measured from the ordinary high water mark, which is also the dividing line between state natural resources authority and county shoreland zoning.
How long does creating a lot take?
The certified survey map process typically runs forty-five to ninety days, since the map must be prepared by a licensed surveyor and reviewed by several agencies before recording.
Do interior remodels need county approval?
Generally not, where work stays within the existing building volume and disturbs no ground — but town building permits and county sanitary permits may still apply.
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More Wisconsin permitting guides
More Wisconsin permitting guides
This guide is provided by Alliance Permitting for general information about Dane County permitting. Requirements, fees, and procedures change; confirm details with the permitting authority before relying on them.