Number
261050
Version
ORIGINAL
Reference
240402, 240999
Sponsor
ALD. CHAMBERS, PEREZ
Title
An ordinance relating to plumbing and drainage systems for accessory dwelling units.
Section
225-17-1 am
225-17-3 cr
Analysis
This ordinance exempts accessory dwelling units from requirements that the plumbing and drainage system of a building or structure be separate and independent from that of another building or structure and that each building or structure have an independent connection to a public or private main sewer. If a property owner seeks to connect a detached accessory dwelling unit to the plumbing and drainage system of a primary dwelling, the property owner must record a deed restriction prohibiting the separation of the accessory dwelling unit from the primary dwelling by land division or separate ownership.
Body
Whereas, On July 15, 2025, through the passage of Common Council File Number 240402, the Common Council adopted The Housing Element of Milwaukee’s Comprehensive Plan as part of Milwaukee’s Overall Comprehensive Plan, including a variety of strategies and recommendations to increase housing choice and growth within the City through enabling a wider variety of housing types and pursuing complementary strategies to lower the costs of constructing new housing; and
Whereas, On July 15, 2025, through the passage of Common Council File Number 240999, the Common Council updated the zoning ordinance to create a new definition for accessory dwelling units and set zoning standards to permit their construction; and
Whereas, Interest in the construction of new accessory dwelling units is growing in Milwaukee, and the City’s current requirements for a separate water lateral and a separate sewer lateral for each building add significant costs to the construction of a new detached accessory dwelling unit; and
Whereas, City staff have identified a set of policy updates that would preserve health and safety while providing flexibility for homeowners seeking to build detached accessory dwelling units, including through allowing a connection to the existing plumbing and drainage system of a primary dwelling in limited circumstances; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 225-17-1 of the Code is amended to read:
225-17. Independent Plumbing and Drainage System.
1. NEW INSTALLATIONS. The plumbing and drainage system of each new building or structure or a new plumbing and drainage system installed in an existing building or structure shall be entirely separate and independent from that of any other building or structure>>, except for accessory dwelling units as defined under s. 295-201-5<<. Every building or structure shall have an independent connection with a public or private main sewer when available>>, except for accessory dwelling units<<. Private main sewers shall conform to specifications of public main sewers and shall be approved by the department of neighborhood services and the infrastructure services division, department of public works.
Part 2. Section 225-17-3 of the Code is created to read:
3. ACCESSORY DWELLING UNIT DEED RESTRICTION. Prior to connecting the plumbing and drainage system of a detached accessory dwelling unit to the plumbing and drainage system of a primary dwelling, the property owner shall first record a deed restriction with the Register of Deeds that prohibits a future land division or the filing of a condominium declaration or condominium plat that would separate the accessory dwelling unit from the primary dwelling by land division or separate ownership. A copy of this deed restriction shall be submitted to the commissioner of neighborhood services along with any required permit applications.
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: October 4, 2026
______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Department of Neighborhood Services
Drafter
LRB181990-1
Dave Gelting
November 2, 2026