Standard Application
If approved by city staff advisors, the Office of Real Estate Services will draft the Encroachment Agreement that sets forth the requirements of the privilege, and either mail or email the document to the applicant for signature. After the original signed Agreement is returned by the applicant via mail or hand-delivery, it will be circulated for signature by City staff.
The signed Encroachment Agreement will be sent for recording with the Dane County Register of Deeds and shall run with the land in perpetuity. After the recorded original is returned to the real estate office, a copy will be sent to the applicant.
The Economic Development Division will monitor insurance and annual fee requirements until such time the Agreement is ever terminated.
Once your encroachment is approved, you will still need to get the necessary permits to construct your project and comply with all applicable Madison General Ordinances.
Neighborhood Association Application
If approved by city staff advisors, the Office of Real Estate Services will draft a Resolution based upon the city advisors comments, to be introduced to the Common Council for authorization and approval.
Upon Council passage of the Resolution, a Letter of Agreement is sent for signature by the applicant for the privilege (Neighborhood Association to keep a copy for their records). After the letter is signed, the approved encroaching item(s) can then be placed in the authorized location under the terms of the Letter of Agreement.
The signed Letter of Agreement is returned to the Office of Real Estate Services and placed on file with the City of Madison.
