Overview: Legality of Short-Term Rentals in Tomahawk, WI

Short-term rentals are allowed in Tomahawk, Wisconsin. However, operators must comply with a multi-layered regulatory framework that includes city zoning, county permitting, and state lodging laws. Tomahawk does not have a specific short-term rental ordinance; instead, operations must adhere to general zoning regulations and obtain required licenses and permits from Oneida County and the State of Wisconsin.

How to Start a Short-Term Rental Business in Tomahawk, WI

Starting an STR involves three critical steps: securing local zoning approval, obtaining state licensure, and handling municipal requirements. The process ensures compliance with health, safety, and zoning standards.

1. Secure Zoning Approval (Oneida County Planning & Zoning):

   • Action: Apply for a Tourist Rooming House Administrative Review Permit (TRH-ARP). This is mandatory even if the property was previously licensed.
   • Rationale: Confirms the property is zoned for STR use and meets local land-use requirements.
   • Source: Oneida County Planning & Zoning Documents (Permit application linked on source page).

2. Obtain State Lodging License (Oneida County Health Department):

   • Action: Apply for a Tourist Rooming House (TRH) license through the Oneida County Health Department (OCHD), acting as the agent for the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
   • Rationale: Required by Wisconsin law for all STRs (ATCP 72).
   • Source: OCHD License Application & Safety Checklist

3. Handle Municipal Requirements:

   • Action: Contact your specific municipality (Tomahawk or the relevant Town) for any local permits, business licenses, or room tax registration.
   • Rationale: Requirements and taxes vary by jurisdiction.
   • Source: Municipalities in Oneida County (Contact info for Tomahawk and surrounding towns).

Required Documents, Permits, Licenses, and Guidelines

Operators must obtain the following:

• Tourist Rooming House - Administrative Review Permit (TRH-ARP): Issued by Oneida County Planning & Zoning. Required for zoning compliance. (Source: Oneida County Guide)
• Tourist Rooming House (TRH) Lodging License: Issued by Oneida County Health Department (as DATCP agent) under Wisconsin State Lodging Code ATCP 72. This is the core legal authorization to operate. (Source: Oneida County Guide & State Code ATCP 72)
• Local Municipality Permit/License: May be required by Tomahawk or local towns. (Source: Oneida County Guide - Step 2)
• Room Tax Registration: Mandatory registration with the local municipality for tax collection. (Source: Oneida County Guide - Step 2)
• Compliance with ATCP 72: Adherence to Wisconsin's comprehensive lodging code covering health, safety, and operational standards for Tourist Rooming Houses. (Source: ATCP 72)
• Compliance with City Zoning Code: Ensuring the property use aligns with Tomahawk's zoning districts and provisions (e.g., potential relation to Bed & Breakfast regulations). (Source: Tomahawk Zoning Code)

Specific Regulations

Regulations apply at the City, County, and State levels.

• City of Tomahawk:

  • Zoning Compliance: STRs must be a permitted use in the property's zoning district under the Tomahawk Zoning Code. Operators must consult the Zoning Code to confirm their property's status.
  • Bed & Breakfast Reference: Section 17-17 of the Zoning Code specifically regulates "Bed and Breakfast Establishments," which may provide relevant guidance for non-owner-occupied short-term rentals in certain zones.
  • Parking and Site Standards: All STRs must comply with general zoning provisions for parking (Section 17-08), site plan approval (Section 17-09), and other general standards.

• Oneida County (Unincorporated Areas):

  • TRH-ARP Permit: Mandatory administrative review by County Planning & Zoning to ensure land use compatibility.
  • State Lodging License: Administered locally by the Oneida County Health Department for all STRs, whether inside or outside Tomahawk city limits.

• State of Wisconsin (All Locations):

  • Mandatory Licensing: All STRs are classified as "Tourist Rooming Houses" and must be licensed under ATCP 72 by the county health department.
  • Sales & Room Tax: Operators must collect and remit Wisconsin state sales tax. Local room tax must also be collected and remitted to the appropriate municipality. (Source: Summer Guide & Oneida County Guide)
  • Lodging Code (ATCP 72): Establishes detailed health and safety requirements, including sanitation, food service (if applicable), safety features, and operational standards. (Source: ATCP 72)
  • Room Tax Requirements: Wisconsin law authorizes local municipalities to impose a room tax. Hosts must register with the relevant municipality (Tomahawk or Town) to collect and remit this tax. (Source: Oneida County Guide - Step 2)

Contact Information for Local Authority

The primary contacts for licensing and regulation are:

• For Zoning Permits (TRH-ARP):

  • Entity: Oneida County Planning & Zoning Department
  • Website: Planning & Zoning Documents & Permits
  • (Contact details are available on the county website. The site provides information on the TRH-ARP permit application process).

• For State Lodging License (TRH):

  • Entity: Oneida County Health Department (OCHD) - Environmental Health Program
  • Phone: 715.369.6111
  • Email: [email protected] (Antispam-protected email visible on source page)
  • Website: Food/Lodging Licensing & Inspections
  • Physical Address: 100 West Keenan St, Rhinelander, WI 54501
  • Hours: 8:00am - 4:30pm Mon-Fri

• For Municipal Permits & Room Tax (Tomahawk):

  • Entity: City of Tomahawk (Clerk's Office)
  • Website: Tomahawk City Website (Municipal contact info is found here. See also the list of municipalities linked below).
  • General Contact: Municipalities in Oneida County (Provides links to all local government websites and contact info within Oneida County, including Tomahawk and surrounding Towns).

Links to Source Pages

• Vacation Rental Management Overview: https://www.gosummer.com/vacation-rental-management/tomahawk-wisconsin
• Oneida County Health Department Guide: https://publichealth.oneidacountywi.gov/guide-to-starting-your-home-as-a-vacation-rental/
• Oneida County Health Department License Application (2025): https://publichealth.oneidacountywi.gov/wp-content/uploads/2025/04/2025-OCHD-ATCP-Recreational-License-Application-1.21.25.pdf
• Oneida County Planning & Zoning Department: https://www.co.oneida.wi.us/departments/pz/public-documents/
• Wisconsin Administrative Code ATCP 72 (Tourist Rooming House): https://docs.legis.wisconsin.gov/code/admin_code/atcp/055/72.pdf
• City of Tomahawk Zoning Code: https://www.cityoftomahawkwi.com/vertical/sites/%7B92CBFAD3-200B-4DA9-A326-4B2FE20BC760%7D/uploads/Zoning_Code.pdf
• Municipalities in Oneida County: https://www.co.oneida.wi.us/government/municipalities/