Wisconsin Short-Term Rental Laws by City (2026)
Short-term rental rules in Wisconsin are set city by city — a property that is legal to rent nightly in one town can be prohibited a few miles away. The table below covers 2 Wisconsin cities (2 human-verified against official sources), with each city's legal status, permit cost, and last-verified date.
Statewide short-term rental rules in Wisconsin
Wisconsin has a statewide short-term rental license: anyone who rents a residential dwelling for more than 10 nights per year must obtain a Tourist Rooming House license from the Department of Agriculture, Trade and Consumer Protection (DATCP), and cities may layer their own licenses on top. The state's 'right to rent' law (Wis. Stat. 66.1014) preempts local bans — a municipality may not prohibit rentals of 7 consecutive days or longer, though for rentals of 7-29 days it may cap total rental days at no fewer than 180 per year. STR stays under one month are subject to the 5% state sales tax plus county sales tax and any municipal room tax (capped at 8%), which platforms like Airbnb must collect and remit when they process the payment.
Full statewide rules: permits, taxes & enforcement
Wisconsin has a statewide short-term rental license: anyone who rents a residential dwelling for more than 10 nights per year must obtain a Tourist Rooming House license from the Department of Agriculture, Trade and Consumer Protection (DATCP), and cities may layer their own licenses on top. The state's 'right to rent' law (Wis. Stat. 66.1014) preempts local bans — a municipality may not prohibit rentals of 7 consecutive days or longer, though for rentals of 7-29 days it may cap total rental days at no fewer than 180 per year. STR stays under one month are subject to the 5% state sales tax plus county sales tax and any municipal room tax (capped at 8%), which platforms like Airbnb must collect and remit when they process the payment.
Reviewed by the STR Rule Watch research team against 8 official sources. How we verify data
Wisconsin statewide STR rules at a glance
| Legal status | Allowed with permit |
|---|---|
| Permit required | Yes |
| Permit name | Tourist Rooming House License (DATCP) |
| Permit fee | $296 |
| Renewal | Annual |
| Owner occupancy required | No |
| Primary residence only | No |
| Total occupancy taxes | ~13.5% of gross revenue |
| Enforcement | State licensing and inspections are administered by DATCP under Wis. |
State law & local authority
Strong state preemption: under Wis. Stat. 66.1014, a political subdivision may not enact or enforce an ordinance prohibiting the rental of a residential dwelling for 7 consecutive days or longer, so cities and counties cannot ban STRs outright. Locals retain limited tools: for dwellings rented in blocks of more than 6 but fewer than 30 consecutive days, a municipality may limit total rental days to no fewer than 180 days in any consecutive 365-day period (and may require those days to run consecutively), and may require a local license. Rentals of fewer than 7 days are not protected by the preemption, so municipalities may still restrict or prohibit sub-week rentals.
State-level taxes
| Tax | Rate | Who collects |
|---|---|---|
| Wisconsin state sales taxApplies to lodging furnished for periods less than one month. If a marketplace provider (e.g. Airbnb/Vrbo) lists the property and processes payment, the marketplace — not the host — must remit tax on the entire sales price; otherwise the host reports and pays. | 5% | varies |
| County sales and use tax70 Wisconsin counties impose a 0.5% county tax; Milwaukee County's rate is 0.9% (since Jan 1, 2024) and the City of Milwaukee adds a 2% city sales tax. Collected with the state sales tax (by the marketplace provider when it processes payment). Premier resort area tax and local exposition taxes apply in certain areas. | 0.5% | varies |
| Municipal room tax (local option)8% is the statutory maximum under Wis. Stat. 66.0615; the actual rate varies by municipality and many impose less (or none). Narrow exceptions allow rates above 8% (municipalities with grandfathered pre-May 1994 rates and certain convention-center financing situations under 66.0615(1m)(am)). The party responsible for state sales tax (host or marketplace provider) must also collect and remit the room tax; marketplace providers file Form RT-200 with each municipality that imposes one. | 8% | varies |
Enforcement & penalties
State licensing and inspections are administered by DATCP under Wis. Admin. Code ch. ATCP 72; in many counties a local health department acts as DATCP's agent for licensing and inspection. A pre-licensing inspection is required before the initial license issues. Municipalities separately enforce their own STR licensing ordinances and room tax collection.
Operating a lodging facility (including a tourist rooming house) without a license triggers a $749 fee payable to DATCP in addition to all applicable license fees and processing charges (ATCP 72.08(2)(e)), and the operator is also subject to the penalties in Wis. Stat. 97.72 and 97.73.
Statewide sources
- Wis. Stat. 66.1014 — Limits on residential dwelling rental (right-to-rent / preemption)retrieved July 20, 2026
- DATCP — Tourist Rooming Houses (licensing and fees)retrieved July 20, 2026
- Wisconsin DOR — Homeowners and Individuals Selling Short-Term Lodging (Guidance Doc 100283)retrieved July 20, 2026
- Wisconsin DOR — Sales and use tax rate FAQ (state 5%, county, City of Milwaukee)retrieved July 20, 2026
- Wis. Stat. 66.0615 — Room tax; forfeitures (8% cap, marketplace provider duties)retrieved July 20, 2026
- Wisconsin DOR — Publication 219, Hotels, Motels, and Other Lodging Providersretrieved July 20, 2026
- 2025 Senate Bill 1080 — local regulation of short-term rentals (failed to pass)retrieved July 20, 2026
- Wis. Admin. Code ch. ATCP 72 (Register October 2025 No. 838) — fee tables, license duration, unlicensed-operation feeretrieved July 21, 2026
| City | Status | Permit fee | Last verified |
|---|---|---|---|
| Madison | Primary residence only | $300 | July 21, 2026 |
| Milwaukee | Permit required | — | July 21, 2026 |
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This page is informational only and is not legal, tax, or financial advice. Regulations change frequently — verify current requirements with each jurisdiction before operating. HOA and condo rules may prohibit short-term rentals regardless of city law.