Each local government will likely regulate short-term rentals in a somewhat different manner, and this will present some challenges for both property owners and REALTORS®. If you have questions or concerns about a proposed or existing short-term rental ordinance, contact the WRA Legal Action Program.
The relevant portion of the statute
Wis. Stat. § 66.1014 Limits on residential dwelling rental prohibited.
- In this section:
- “Political subdivision” means any city, village, town, or county.
- “Residential dwelling” means any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.
- Subject par. (d), a political subdivision may not enact or enforce an ordinance that prohibits the rental of a residential dwelling for 7 consecutive days or longer.
- If a political subdivision has in effect on September 23, 2017, an ordinance that is inconsistent with par. (a) or (d), the ordinance does not apply and may not be enforced.
- Nothing in this subsection limits the authority of a political subdivision to enact an ordinance regulating the rental of a residential dwelling in a manner that is not inconsistent with the provisions of pars. (a) and (d).
- If a residential dwelling is rented for periods of more than 6 but fewer than 30 consecutive days, a political subdivision may limit the total number of days within any consecutive 365−day period that the dwelling may be rented to no fewer than 180 days. The political subdivision may not specify the period of time during which the residential dwelling may be rented, but the political subdivision may require that the maximum number of allowable rental days within a 365−day period must run consecutively. A person who rents the person’s residential dwelling shall notify the clerk of the political subdivision in writing when the first rental within a 365−day period begins.
- Any person who maintains, manages, or operates a short− term rental, as defined in s. 66.0615 (1) (dk), for more than 10 nights each year, shall do all of the following:
- Obtain from the department of agriculture, trade and consumer protection a license as a tourist rooming house, as defined in s. 97.01 (15k).
- Obtain from a political subdivision a license for conducting such activities, if a political subdivision enacts an ordinance requiring such a person to obtain a license.