Overview: Are STRs Allowed in Waukesha, WI?

• Short-term rentals are explicitly allowed in Wisconsin and Waukesha County, but they are regulated rather than laissez-faire. Under Wisconsin law, STRs are commonly licensed as Tourist Rooming Houses (TRHs) when rented to tourists or transients for fewer than 30 days. A TRH license is required before you accept paying guests.
• You may operate as many as 4 units (e.g., rooms, cabins, condos) under a TRH; five or more units require a Hotel license from the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
• Municipalities (city, village, town) and counties may impose additional local licensing, safety, parking, and operational rules. Some municipalities also charge a local room tax.
• Key local authority: Waukesha County Environmental Health oversees the TRH licensing and inspections for properties located in the unincorporated parts of Waukesha County and in many municipalities that have partnered with the county for health inspections. Municipal clerks/inspection departments typically issue local licenses/permits where applicable (e.g., New Berlin).

Note: Wisconsin statute prohibits municipalities from enacting ordinances that prohibit residential rentals of 7 or more days. Where they do regulate, they cannot cap rentals at fewer than 180 days per year, and must allow at least some non-consecutive periods.

How to Start a STR Business in Waukesha (Step-by-Step)

1. Confirm Zoning and Land Use

• Verify your property’s zoning allows transient lodging/TRH use. In unincorporated Waukesha County, check zoning jurisdiction at: prd1.waukeshacogeo/HTML5Viewer/viewer=zoning#
• If within a municipality, check with the local zoning/land use office; you may need a conditional use permit or zoning determination.
• Contact: Waukesha County Planning & Zoning Division, (262) 548-7790, pod@waukeshacounty.gov

2. Obtain the State License for Lodging

• Apply for a DATCP Tourist Rooming House (TRH) license if you will rent fewer than 30 days to tourists/transients and have 1–4 units. If renting five or more rooms/units, obtain a Hotel license instead.
• DATCP licenses run July 1–June 30 annually; renew by June 30.
• DATCP licensing support: (608) 224-4923; datcpdfslicensing@wisconsin.gov
• DATCP TRH page: datcp.wi.gov/pages/programs_services/touristroominghouses.aspx

3. Secure Federal Tax IDs and Wisconsin Tax Registrations

• Obtain a Wisconsin Seller’s Permit from the Wisconsin Department of Revenue (DOR). Apply at: tap.revenue.wi.gov/btr or call (608) 266-2776.
• Sales tax and local room tax generally apply to rentals under 30 days (one month or 30 days, whichever is less). Marketplace collection exception: if a registered “lodging marketplace” (e.g., Airbnb/VRBO if they register) collects the taxes, you are not required to collect them for those rentals. Confirm marketplace tax handling on your platform account settings.

4. Set Up Room Tax (Local)

• Many municipalities in Waukesha County impose a local room tax. You must register and remit according to the local tax rules where your property is located.
• Contact your municipal clerk/treasurer to confirm the applicable room tax and registration procedures. Room tax varies by municipality.

5. Engage County Environmental Health for Pre-License Inspection

• Once your application and license fee are received, a Waukesha County Environmental Health inspector will contact you to schedule a pre-license inspection.
• If the property uses a private well, the inspector will collect a water sample. The TRH license will only be issued after a safe coliform bacteria test result is received from the county lab.
• Post your license visibly in a public area of the property after issuance.

6. Insurance and Liability

• Standard homeowners insurance may not cover commercial STR activity. Notify your insurer; you may need a commercial policy (hotel/B&B) or a short-term rental endorsement.
• Consider liability coverage for guest injuries, property damage, and loss of use. Confirm whether your hosting platform offers supplemental coverage and how it interacts with your primary policy.

7. Local License (If Required by Your Municipality)

• Some municipalities (e.g., City of New Berlin) require a separate local STR license with their own inspections, parking standards, occupancy limits, and renewal procedures. Check with your municipal clerk to determine whether a local license applies to your property.

Required Documents, Permits, Licenses, and Guidelines

State-Level (DATCP)

• Tourist Rooming House (TRH) license (1–4 units) or Hotel license (5+ units).
• Fees and terms: Annual license expires June 30; renewal due each year by June 30.
  • TRH (1–4 Rooms): $110 annual license fee + $300 one-time pre-inspection fee (DATCP).
  • Hotel: contact DATCP for current fees.

Local Government (County/Municipality)

• Zoning/conditional use approval (municipality and/or Waukesha County Planning & Zoning).
• Waukesha County Environmental Health pre-license inspection and, if applicable, well water test.
• Local STR license (if your municipality requires one, e.g., New Berlin).

Tax Registrations and Filings

• Wisconsin Seller’s Permit (DOR) for sales tax.
• Local room tax registration and periodic filings with the municipality.
• Confirm marketplace collection rules (if using Airbnb/VRBO).

Operational Compliance Resources

• Wisconsin Administrative Code ATCP 72 (Hotels, Motels, Tourist Rooming Houses): docs.legis.wisconsin.gov/code/admin_code/atcp/055/72
• Wisconsin statutes: Wis. Stat. § 97 (Food, Lodging, Recreation): docs.legis.wisconsin.gov/statutes/statutes/97

Optional but Recommended

• Room Rate Cards, Emergency Assistance Card templates, and Bed Bugs Q&A available on DATCP’s TRH resources.

Specific Regulations: What Compliance Looks Like in Waukesha

County/State Health and Safety Standards (ATCP 72)

• Guest Registration: Maintain a guest registry with true names and addresses; keep records at least one year. Digital records are acceptable.
• Smoke Detectors: At least one per home; recommended one per level and in each sleeping room. Use UL-approved detectors; install, maintain, and test per manufacturer instructions (including replacement schedules).
• Carbon Monoxide Detectors: Required if the unit has an attached garage or any fuel-burning appliance (FBA). Place detectors outside separate sleeping areas in the immediate vicinity of the FBA.
• Railings: On decks, patios, and balconies more than 24 inches above grade, railings must be at least 36 inches high with gaps no larger than 6 inches. Staircases with three or fewer risers require securely fastened handrails.
• Kitchen/Food Safety:
  • Only pre-packaged, shelf-stable foods and fresh fruits/vegetables may be offered.
  • If providing ice, use a refrigerator ice dispenser or provide an empty, sanitized ice cube tray per guest reservation group.
  • Utensils must be washed/sanitized between guests (dishwasher reaching 160°F; or wash, rinse, and soak in a basin with unscented chlorine bleach or quat sanitizer).
  • Licensed lodging establishments can comply without a variance by: washing utensils left out after each stay; washing visibly soiled utensils; and providing a written notice to guests stating that utensils are provided as a convenience but have not been sanitized, and that guests should wash with detergent, rinse, and sanitize (1 teaspoon unscented bleach per gallon of clean water; immerse for 30 seconds; air dry). Post the notice conspicuously or include with check-in materials.
• Bathrooms:
  • Each guest sleeping room requires a designated full bathroom, which may be shared with the host. If all guest rooms are rented to one reservation party, only one full bathroom is required.
  • Provide separate soap and towels per guest room. Dispensers/bottles for shared toiletries are allowed if cross-contamination is prevented.
  • Anti-slip flooring or bathmats required in showers/bathtubs.
  • Each bathroom must have a vent fan or openable window, and hot water at both the shower and handwash sink with sufficient water pressure.
• Sleeping Rooms:
  • Minimum cubic feet: 400 per adult (12+), 200 per child (<12). Minimum ceiling height 7 feet.
  • Each bed must have a mattress pad/cover. If top sheets are not washed between rentals, they must fold back at least 12 inches over the blanket.
  • Pillowslips, sheets, towels, and washcloths must be washed between guests and at least once per week.
  • Individual locks on guest room doors are required unless the entire home is rented to one party or there is only one guest room. Locks must be unkeyed on the inside and keyed on the outside.
  • All windows and exterior doors in sleeping rooms must be screened.
  • Bunk beds must have a bed rail for the top bunk.

Local Municipal Example: City of New Berlin (Waukesha County)

• New Berlin requires a municipal Short-Term Rental License in addition to the state TRH license. The license term is one license year and must be renewed annually.
• Application must include: owner/property manager contact details, property address/description, a copy of the state TRH license, and written certification of compliance with ATCP 72 and local requirements.
• Required on-site inspections by the Building Inspector and Fire Department before issuance and before renewal, confirming compliance with building/fire codes, smoke detectors, and carbon monoxide detectors.
• Parking: minimum two off-street parking stalls; one stall per guest bedroom. All parking areas must be hard-surfaced and maintained dust-free, and meet applicable City Code dimensions and placement requirements.
• Occupancy: must comply with ATCP 72.14(2)(b) per bedroom and 8 occupants per 1,000 square feet of living area in the principal structure; overall on-site maximum is the higher of 20 people or the ATCP occupancy cap.
• Sleeping quarters may only be located within the principal structure; accessory buildings may not be used for sleeping.
• Property manager requirement: owner or local manager must be available at all times when the property is rented. Changes in contact information must be reported to the City Clerk within three business days.
• Property boundaries must be reasonably delineated (fence, vegetation, or other means), with a survey or sketch provided to the clerk and tenants.
• Refuse containers must be screened from public view per zoning/building requirements.
• Revocation grounds include failure to correct violations, failure to pay owed fees/taxes, or issuance of three or more citations during a license year. Licenses cannot be transferred; new ownership requires a new license.

Zoning and Municipal Room Taxes

• Municipalities may have room tax ordinances. Confirm with your municipal clerk/treasurer whether your property is subject to a local room tax and obtain registration/filing details.

Additional Municipal Constraints (State-Level Limits)

• Wisconsin prohibits municipalities from banning STRs for stays of seven or more consecutive days. For shorter stays, municipalities may impose reasonable rules but cannot limit total annual rental days to fewer than 180. These limits may apply to nonconsecutive periods.

Key Contacts and Resources

State (Licensing and Rules)

• DATCP Licensing (Tourist Rooming Houses): (608) 224-4923; datcpdfslicensing@wisconsin.gov
• DATCP TRH Program page (fees, forms, resources): datcp.wi.gov/pages/programs_services/touristroominghouses.aspx
• ATCP 72 (Hotels, Motels, Tourist Rooming Houses): docs.legis.wisconsin.gov/code/admin_code/atcp/055/72
• Wisconsin Statutes § 97 (Food, Lodging, Recreation): docs.legis.wisconsin.gov/statutes/statutes/97

County (Inspections and Zoning)

• Waukesha County Environmental Health (TRH inspections/licensing):
  • 515 West Moreland Blvd, AC260, Waukesha, WI 53188
  • Phone: (262) 896-8300
  • Email: eh@waukeshacounty.gov
• Waukesha County Zoning/Planning (zoning/conditional use approvals):
  • Phone: (262) 548-7790
  • Email: pod@waukeshacounty.gov
  • Zoning map viewer: prd1.waukeshacogeo/HTML5Viewer/viewer=zoning#

Municipal

• New Berlin (local STR license and inspections):
  • City Clerk’s Office; Building Department; Fire Department
  • Application fee established by Common Council resolution; inspections required before license issuance and renewal.
  • For contact specifics, check New Berlin municipal website or contact the City Clerk’s office.

Taxation

• Wisconsin Department of Revenue (Seller’s Permit): (608) 266-2776; Apply online: tap.revenue.wi.gov/btr
• Local Room Tax: Contact your municipality’s clerk/treasurer to confirm whether room tax applies and to register.

Source Links and Evidence of Rules

County Guidance and Inspection Standards

• Waukesha County Environmental Health: Short Term Rentals Guidance for Operators (TRH): www.waukeshacounty.gov/media/dezhoguz/trh-guidelines.pdf
• Waukesha County: A Guide to Short-Term Rentals for Overnight Stays (collaboration document): www.waukeshacounty.gov/media/ipjj2hax/shorttermrentalguidance.pdf

State Licensing and Rules

• DATCP Tourist Rooming Houses Program: datcp.wi.gov/pages/programs_services/touristroominghouses.aspx
• Wis. Admin. Code ATCP 72 (Hotels, Motels, Tourist Rooming Houses): docs.legis.wisconsin.gov/code/admin_code/atcp/055/72
• Wisconsin Statutes § 97 (Food, Lodging, Recreation): docs.legis.wisconsin.gov/statutes/statutes/97
• DOR Seller’s Permit Registration: tap.revenue.wi.gov/btr
• DOR Guidance for Short-Term Lodging Providers: www.revenue.wi.gov/Pages/TaxPro/Homeowners-and-Individuals-Providing-Short-Term-Lodging.aspx
• Lodging Marketplace License FAQ: www.revenue.wi.gov/Pages/FAQS/Lodging-Marketplace-License-faq.aspx
• Wis. Stat. § 66.0615 (Municipal Room Tax): docs.legis.wisconsin.gov/statutes/statutes/66/VI/0615

Municipal Rules (Waukesha County Example)

• City of New Berlin Transient Lodging Ordinance (Ordinance No. 2673): newberlinwi.gov/DocumentCenter/View/20356/Ordinance---Create-15224-transient-lodgingdocx

Case/Enforcement Context

• Appeals court strikes down Summit’s vacation rental ordinance: www.gmtoday.com/oconomowoc_