Do Madison`s restrictive covenants trump zoning?

As first reported by the Cap Times, more than two-thirds of property owners in Madison’s Highlands neighborhood recently signed protective covenants to restrict how many homes can be built on their property and the minimum lot size. The unusual move, to counter zoning changes proposed in the city’s West Area Plan, raised questions even for City Attorney Mike Haas.

“When I read that article, I was curious myself about what governs if there’s a conflict between zoning ordinances and restrictive covenants,” says Haas.

Haas suggested this reporter talk with assistant city attorney Kate Smith, who handles zoning and planning issues. Smith says she also hasn’t seen the issue come up often in her work with the city: “Since I took over this practice area a few years ago, I haven’t had to deal with many restrictive covenant issues,” she says...