City of Madison - File #: 80362

• File #: 80362
• Version: 1
• Name: Greenway Encroachments and Greenway Privilege
• Type: Ordinance
• Status: Passed
• File created: 10/11/2023
• In control: Attorney's Office
• On agenda: 11/21/2023
• Final action: 11/21/2023
• Enactment date: 11/29/2023
• Enactment #: ORD-23-00106
• Title: Amending Section 8.15(1) and Creating Subsection 37.05(11) of the Madison General Ordinances to allow for certain greenway encroachments and the creation of a greenway privilege.
• Sponsors: Nikki Conklin

Date	Ver.	Action By	Action	Result
11/21/2023	1	COMMON COUNCIL	Adopt Unanimously	Pass
11/8/2023	1	BOARD OF PUBLIC WORKS	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
10/17/2023	1	COMMON COUNCIL	Referred
10/11/2023	1	Attorney's Office	Referred for Introduction

Fiscal Note
No City Funds required.
Title
Amending Section 8.15(1) and Creating Subsection 37.05(11) of the Madison General Ordinances to allow for certain greenway encroachments and the creation of a greenway privilege.
Body
DRAFTER’S ANALYSIS: Under existing ordinances, most encroachments into City greenways and park lands are not authorized, even if similar encroachments may be approved on other City owned lands. This ordinance would amend Sec. 8.15(1) to create a limited exception to this prohibition and allow for some encroachments into greenways that are solely managed by the Engineering Division, including lands managed by the Stormwater Utility (such as ponds and other detention basins). While gardens and temporary fencing may be allowed with notification and approval of the City Engineer, more extensive encroachments, including permanent fencing, retaining walls, stairs, outbuildings, hardscape and parking areas would require the granting of a greenway privilege under the newly created 37.05(11). A greenway privilege would be similar to a privilege in street under Sec. 10.31, and would be within the discretion of the City Engineer to grant. The City will retain the ability to remove any greenway encroachment that interferes with City operations or that presents a risk to the public health, safety and welfare.

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The Common Council of the City of Madison do hereby ordain as follows:

1. Amending Subsection (1) entitled “Greenways and Park Lands” of Section 8.15 entitled “Regulation of Private Use of Greenways, Park Lands, and the Southwest Path” as follows:

“(1) Greenways and Park Lands .
(a) Public Nuisance. Except as provided for in this Subsection, the Pprivate use of City-owned or leased greenways and park lands including, but not limited to, fences, retaining walls, outbuilding sites, dog runs, play equipment and gardens, storage of piers, boat hoists, firew...