State Airbnb laws2026 25 sources cited
Wisconsin Short-Term Rental Laws & Hotel Tax (2026)
Short-term rentals are legal in Wisconsin: no city can ban stays of 7 nights or more, but hosts renting more than 10 nights a year need a state tourist rooming house license ($296 a year plus a $592 pre-inspection fee).1,2,4,5,10,25
From 23 official sources and 2 Airbnb help pages. Not legal advice.
The short answer
Wisconsin Airbnb Laws in Brief
- No city, village, town or county can prohibit rentals of 7 consecutive nights or longer.
- State tourist rooming house license for more than 10 nights a year: $296 a year plus a $592 one-time pre-inspection fee; expires June 30.
- Local rules may cap 7- to 29-night stays at no fewer than 180 days a year and add permits (Madison $300 plus $100 a year; Green Bay $500 then $250 a year).
- Taxes: 5% state sales tax, 0.5% county tax in most counties and a municipal room tax of up to 10%; Airbnb collects them.
At a glance
Wisconsin Short-Term Rental Laws at a Glance
- State license required
- Yes
- Next rule change
- Apr 1, 2028
The laws in brief
The rules a Wisconsin host meets first, each linked to the ordinance, statute or official page it comes from. Details and exceptions follow below.
| Topic | Rule |
|---|---|
| Permit | State tourist rooming house license1,2 |
| Who can host | Homes covered by the license10 |
| Where | Cities and counties cannot ban stays of 7 nights or more1,20 |
| Night cap | Local yearly cap cannot go below 180 days1 |
| Minimum stay | Lake Delton: no stays under 7 nights in most homes8,20 |
| Platforms | Platforms collect the municipal room tax7,11 |
| Safety | Pre-inspection before the license4 |
Your home
Can You Host an Airbnb in Wisconsin? It Depends on the Home
Whether you can host in Wisconsin turns on whose home it is and whether you live there.
Your own home, rented whole while you're away
Allowed with conditionsAllowed for stays of 7 nights or more in every Wisconsin municipality. A host renting more than 10 nights a year needs the state tourist rooming house license and any local license; cities may cap 7- to 29-night stays at no fewer than 180 days a year and restrict shorter stays (Madison allows 30 days a year when the host is away).1,16
A room in your home with you present
Allowed with conditionsCovered by the state license when rented for more than 10 nights a year. Some cities treat it differently: Green Bay does not require its city permit for a room rented while the owner lives in the home, though a Brown County health inspection is still needed.1,10,17
A second home or investment property you don't live in
Allowed with conditionsState law has no owner-occupancy rule, and cities cannot prohibit stays of 7 nights or more. The state license and local permits apply, and some cities restrict how often a non-primary home can be rented (Madison requires the rental to be the host's primary dwelling).1,10,16
Permit
Do You Need a License for Airbnb in Wisconsin?
Yes. Wisconsin hosts need the tourist rooming house license from the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), or a county or city health department acting as its agent. It costs $888 in the first year (A host with one home pays the $296 license fee and a one-time $592 pre-inspection fee ($888 in the first year), then $296 each year; local permits and health department fees are extra.) and $296 a year to renew.1,2,4,5,10,25
- Who needs it
- Anyone who maintains, manages or operates a short-term rental of fewer than 30 nights for more than 10 nights a year; one license for each rental home.1,2,4,5,10,25
- Issued by
- Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), or a county or city health department acting as its agent
- Valid for
- Each license expires on June 30; one first issued between April 1 and June 30 lasts to June 30 of the following year. It is renewed annually and is not transferable.
- On listings
- The number must appear on every listing
- Platform checks
- Airbnb tells Wisconsin hosts to display the license in the listing; state law does not set a platform verification scheme.
Fees
| Fee | Amount |
|---|---|
| Annual license fee (one rental home)Charged by DATCP for one tourist rooming house, for licenses issued April 1, 2026 through March 31, 2028; 2 to 4 homes cost $450. County and city health departments acting as DATCP's agent set their own fees. | $296 |
| Pre-inspection fee (one rental home)Paid once before the first license is issued; 2 to 4 homes cost $900. | $592 |
| Late renewal feeAdded when the license fee is not paid by June 30. | $85 |
| Reinspection fee$150 for the first reinspection and $200 for each later one. | $150 |
Who qualifies
- The applicant is the person legally responsible for operating the rental
- A one- or two-family home, condominium unit, cabin or cottage with four or fewer individually keyed units
- The home passes a pre-inspection before the license is issued
- Local zoning and any city, village, town or county permit are also satisfied
How to apply
- Check the home's zoning and any city, village, town or county license or permit before listing.
- Request the application from the DATCP licensing specialist at (608) 224-4923 or DATCPDFSLicensing@Wisconsin.gov, or from the local health department where it is the state's agent (for example the City of Milwaukee Department of Neighborhood Services).
- Pay the license fee with the application and book the pre-inspection with DATCP or its agent.
- Pass the inspection, receive the license, and display it in the listing.
- Register for sales tax and municipal room tax where they are not collected by the booking platform.
Applications go through the official application page .
Permit rules
- State tourist rooming house license
- Anyone who operates a short-term rental for more than 10 nights a year must hold a tourist rooming house license from the Department of Agriculture, Trade and Consumer Protection (DATCP). A county or city health department acting as DATCP's agent can issue it.1,2
- A local license may also be required
- On top of the state license, a city, village, town or county may require its own license for hosts who operate more than 10 nights a year.1
- One license per rental home
- A separate license is required for each tourist rooming house, and it cannot be moved to another property or another person (immediate-family and business-reorganization transfers excepted).2
- License does not transfer
- A tourist rooming house license is not transferable from one premises to another or from one person to another, apart from transfers to an immediate family member or to a reorganized business.2
- License expires every June 30
- State licenses run to June 30. A license first issued between April 1 and June 30 lasts until June 30 of the following year, and renewal is annual.2,4
- Platforms collect the municipal room tax
- A booking platform that collects Wisconsin sales tax for a short-term rental must also collect and pass on the municipal room tax where the home's municipality has one.7,11
- Madison: zoning permit with $300 and $100 fees
- Madison requires a Zoning Tourist Rooming House Permit with a $300 one-time application fee and a $100 annual renewal, on top of the county health license and a Transient Room Tax Permit.16 Applies to: Madison
- Green Bay: city permit, $500 then $250 a year
- Green Bay requires a Short-Term Rental Permit for a home rented for fewer than 28 consecutive days, with a $500 initial fee and a $250 yearly renewal. Renting a room while living in the home is exempt from the city permit.17 Applies to: Green Bay
Who can host
What Wisconsin Cities and Counties Can and Can't Regulate
- Cities and counties cannot ban stays of 7 nights or more
- No city, village, town or county in Wisconsin may prohibit renting out a residential dwelling for 7 consecutive days or longer. A rental of 6 nights or fewer can still be restricted or prohibited locally.1,20
- Courts have struck down local bans on some homes
- The Wisconsin Court of Appeals held in Wisconsin Realtors Association v. City of Neenah (2025 WI App 49) that a rule banning short-term rentals of even some residential dwellings is preempted by state law.1
- Local rental rules can count as zoning
- In Wildwood Estate v. Village of Summit (2025 WI App 47), the Court of Appeals treated a village's short-term rental ordinance as a zoning ordinance, which must follow zoning procedures such as a public hearing.1
- Homes covered by the license
- A tourist rooming house is a lodging place with four or fewer individually keyed units, including a one- or two-family home, a condominium unit, a cabin or cottage, or a specialty lodging unit. State law sets no owner-occupancy requirement; some cities add one.10
- Madison: the home must be your primary dwelling
- Madison requires the rental to be the host's primary dwelling while it operates and for the 12 months before it starts. The host must own the home or hold a lease that allows it.16 Applies to: Madison
Local rules
Local Rules in Wisconsin's 6 Largest Airbnb Markets
A state license doesn't replace local rules. Cities and counties still set registration, occupancy, parking and safety requirements. These are Wisconsin's largest markets by active Airbnb listings, with the share of each market's listings that display a registration or license number.
1. Milwaukee
Milwaukee County
Milwaukee treats a short-term rental as a tourist rooming house, and the Department of Neighborhood Services licenses and inspects it as the state's agent. Taxes stack up: 7.9% in state, county and city sales tax plus 10% in local exposition room taxes.11,12,13,19
- State tourist rooming house license, issued through the city's Department of Neighborhood Services
- Apply with a form, checklist and floor plan; the city then bills the license and schedules an inspection
- Sales tax 7.9% (5% state, 0.9% county, 2% city)
- Room taxes 10% (3% basic plus 7% additional), collected by Airbnb
2. Green Bay
Brown County
Green Bay requires a city Short-Term Rental Permit for any home rented fewer than 28 consecutive days, in addition to the state license and a yearly Brown County health inspection. The permit costs $500 to start and $250 a year, and the local room tax is 10%.15,17,18
- City permit: $500 initial, $250 renewal, valid July 1 to June 30
- Brown County health inspection every year
- A local representative within 30 minutes of the property
- Placard on display; $75 non-compliance fee if missing
3. Madison
Dane County
Madison requires three permits: a Dane County tourist rooming house license, a Transient Room Tax Permit and a Zoning Tourist Rooming House Permit. The rental must be the host's primary dwelling, and only 30 days a year are allowed when the host is away.11,16
- Zoning permit: $300 one-time application, $100 annual renewal
- Must be the host's primary dwelling for the 12 months before and while operating
- 30 days a year when the operator is not in the home
- Guests: twice the legal bedrooms, up to 12; permit number in all ads
4. Lake Delton
Sauk County
Lake Delton bars rentals under 7 days in single-family homes and duplexes in residential districts and requires a village permit; a Class B permit for 7- to 29-night rentals costs $1,000. Hosts need $300,000 in liability insurance, and the room tax is 5.5% plus a 1.25% premier resort area tax.8,14,15,20
- Class B permit for 7- to 29-night rentals: $1,000, expires each September 30
- Sauk County health license first, then the village permit and a village room tax number
- Owner or a licensed property manager or resident agent within 30 minutes
- Liability insurance of at least $300,000
5. Sturgeon Bay
Door County
Sturgeon Bay requires a city tourist rooming house permit and a Door County Tourism Zone Commission permit in addition to the state license. The city permit costs $100 per unit, the room tax is 8%, and a 0.5% premier resort area tax started on July 1, 2026.14,15,22,23
- City permit and Door County Tourism Zone Commission permit
- City fee $100 per rental unit; expires each June 30
- Owner or manager within a 90-minute drive
- Proof of insurance, and the state license number, with the application
6. Lake Geneva
Walworth County
Lake Geneva allows short-term rentals of more than six but fewer than 29 days in any zone that permits homes, with an annual city license. A license covers at most a 180-day season with a seven-day minimum booking, and operating without one costs $1,000 a day.9,15,21
- Annual city license plus the state license, a room tax permit and a general business license
- 180 consecutive days a year; minimum booking of seven days
- Designated operator within 25 miles, reachable 24 hours a day
- License number in every listing; two off-street parking spaces
Taxes
Wisconsin Short-Term Rental Taxes
A 5% state sales tax on every stay of less than a month, plus a 0.5% county tax in most counties and, where the municipality has one, a room tax (commonly 8%, and 10% in Madison, Green Bay and Appleton). Milwaukee adds a 2% city sales tax and 10% in room taxes (7.9% sales tax plus 10% in all), and Wisconsin Dells and Lake Delton add 1.25%.
| Tax | Rate | Collected by |
|---|---|---|
| Wisconsin state sales tax 5% of the price, cleaning fee and guest fees, for stays of 29 nights or less | 5%11,24 | Airbnb |
| County sales tax 0.5% in 70 of 72 counties (0.9% in Milwaukee County); none in Winnebago or Waukesha counties | 0.5%12,24 | Airbnb |
| City of Milwaukee sales tax 2% in the City of Milwaukee only, since January 1, 2024 | 2%11,12 | Airbnb |
| Milwaukee County basic room tax (local exposition tax) 3% on lodging in Milwaukee County | 3%13,24 | Airbnb |
| City of Milwaukee additional room tax (local exposition tax) 7% on lodging in the City of Milwaukee, on top of the 3% basic room tax | 7%13,24 | Airbnb |
| Municipal room tax Set by each of about 400 municipalities that has one; state law caps it at 8% with exceptions, and Madison, Green Bay, Appleton and Oshkosh charge 10% | —7,11,15,24 | Airbnb |
| Premier resort area tax 1.25% in Wisconsin Dells and Lake Delton; 0.5% in Rhinelander, Eagle River, Bayfield, Ephraim, Sister Bay and Stockholm, and in Sturgeon Bay from July 1, 2026 | —14,24 | Airbnb |
What the host still handles
- A Wisconsin seller's permit and sales tax account with the Department of Revenue for stays booked outside a booking platform
- The municipal room tax permit or registration of the city, village or town, for example Madison's Transient Room Tax Permit or Lake Delton's room tax number
- Premier resort area tax registration in Wisconsin Dells, Lake Delton and the other resort areas, for direct bookings
- A local business or STR license where the municipality requires one (for example Lake Geneva's general business license)7,11,12,13,14,15,24
Operating rules
Operating Rules for Wisconsin Short-Term Rentals
- Local yearly cap cannot go below 180 days
- For stays of more than 6 but fewer than 30 nights, a local government may cap the days a home is rented at no fewer than 180 in any 365-day period. The cap cannot say which dates, but it may require the days to run consecutively.1
- Tell the clerk when the first rental starts
- Where a city, village, town or county sets a day cap, the host must notify its clerk in writing when the first rental in a 365-day period begins.1
- Local rules are allowed if consistent with the state limits
- Local governments may still regulate rentals of residential dwellings, including requiring their own license, as long as the rules do not conflict with the 7-night and 180-day limits.1
- Pre-inspection before the license
- DATCP or its agent must inspect the home before the first license is issued, and a pre-inspection fee applies.4
- Smoke alarms in each sleeping room and on each floor
- The operator must provide UL-listed smoke alarms in every rental unit: on each floor, outside each sleeping area, and inside each sleeping room.6
- Carbon monoxide alarms
- A carbon monoxide alarm is required in each rental unit that has a fuel-burning appliance, and in units with an attached garage that opens into the unit.6
- Fire extinguishers
- In a rented house, cabin or cottage, any fire extinguisher provided must be easy to reach and kept up as the manufacturer directs.6
- Madison: 30 days a year when the host is away
- If the operator is not in the home during the rental, a Madison short-term rental may operate no more than 30 days per July 1 to June 30 licensing year. Stays of 7 to 29 nights may have more options.16 Applies to: Madison
- Lake Geneva: 180-day season, 7-night minimum
- Lake Geneva limits a licensed short-term rental to 180 consecutive days in a 365-day period and requires bookings of at least seven days, with another guest arriving no sooner than seven days after the last.9 Applies to: Lake Geneva
Fines
How to Avoid Airbnb Fines in Wisconsin
Fines in Wisconsin fall on hosting without the tourist rooming house license, or outside the rules above. With it in hand and the rules followed, none of the fines below apply.
- Operating a tourist rooming house without the state license, or breaking other lodging rules in Wisconsin chapter 97: a fine of $100 to $1,000 or up to 6 months in jail for a first offense, and $500 to $5,000 or 30 days to one year in jail for each later offense. A court may instead order a forfeiture of up to $1,000 per violation.3
- Lake Geneva: $1,000 per day for operating a short-term rental without the state license and the city's annual license, plus unpaid room tax.9
- Madison: fines of $500 to $1,000 per day for breaking short-term rental zoning rules; the permit can be revoked, which doubles the fines.16
- Lake Delton: a forfeiture of $500 to $1,000 for each violation for operating without a permit, each day counting separately, and a 12-month bar on operating after judgment.8
- Green Bay: a $75 non-compliance fee when the city permit placard is not displayed; advertising without the permit also draws non-compliance fees.17
Changes
What's Changed in Wisconsin's Airbnb Rules, and What's Next
One change is scheduled after October 20, 2026; the most recent rules are listed first.
- April 1, 2028 UpcomingDATCP tourist rooming house fees rise 5%
DATCP lists its license and pre-inspection fees as subject to a 5% increase on April 1, 2028.10
- July 1, 2026Sturgeon Bay starts a 0.5% premier resort area tax
Sellers in the City of Sturgeon Bay, including lodging providers, began collecting a 0.5% premier resort area tax on July 1, 2026.14
- February 23, 2026Green Bay Plan Commission recommends short-term rental updates
Green Bay's Plan Commission recommended house-rule posting, a public map of permitted rentals and a correction meeting before any permit suspension; the Common Council was to consider the changes on March 3, 2026.18
- January 25, 2026
- July 2025Court of Appeals rules on local rental ordinances
In 2025 WI App 49 the Court of Appeals held that Neenah's ban on short-term rentals in some homes was preempted by state law, and in 2025 WI App 47 it treated a village's rental ordinance as a zoning ordinance.1
- January 1, 2024
- September 2017State law bars local bans on stays of 7 nights or more
Wis. Stat. 66.1014, created by 2017 Wisconsin Act 59, stopped local ordinances that prohibit renting a home for 7 consecutive days or longer; conflicting ordinances in effect on September 23, 2017 no longer applied.1
Listing data
What Wisconsin's Listings Show
What officials report
- 398
- Municipalities imposing a room tax · as of October 2026The Department of Revenue's list of municipal room tax filers shows 398 cities, villages and towns, most commonly at 8%.15
- 70
- Counties with the 0.5% county sales tax · as of January 2026Seventy of Wisconsin's 72 counties have adopted the 0.5% county tax; Milwaukee County's is 0.9%.12
Earnings
What Could a Short-Term Rental in Wisconsin Earn?
The rules shape the numbers: a license that costs $888 in the first year and a cap of 30 nights a year. For a specific address, the Airbnb profit calculator estimates revenue, occupancy and nightly rate from comparable listings, so you can test the numbers before applying.
FAQ
Wisconsin Short-Term Rental Laws: Frequently Asked Questions
Is Airbnb legal in Wisconsin?
Yes. State law bars any city, village, town or county from prohibiting a rental of 7 consecutive days or longer, though a host who rents more than 10 nights a year needs a state tourist rooming house license.1
Do I need a permit for Airbnb in Wisconsin?
How much is the Wisconsin tourist rooming house license?
Can a Wisconsin city ban Airbnb?
Can I rent a home I don't live in?
Is there a limit on how many nights I can host?
Does Airbnb collect hotel or occupancy tax in Wisconsin?
What taxes apply to an Airbnb stay in Wisconsin?
A 5% state sales tax, a 0.5% county tax in 70 of 72 counties, and a municipal room tax where the town or city has one (commonly 8%; 10% in Madison and Green Bay). Milwaukee also charges a 2% city sales tax plus 3% and 7% in room taxes, and Wisconsin Dells and Lake Delton charge a 1.25% premier resort area tax.11,12,13,14,15
What is the fine for an unlicensed short-term rental in Wisconsin?
Do I have to register for sales tax as an Airbnb host in Wisconsin?
Not for stays booked through Airbnb, because a marketplace provider collects and remits the sales tax and municipal room tax. A host who takes direct bookings must collect and remit Wisconsin sales tax and any local room tax.11
What safety equipment does a Wisconsin rental need?
Smoke alarms in every sleeping room, outside each sleeping area and on each floor, and a carbon monoxide alarm where there is a fuel-burning appliance or an attached garage. Any fire extinguisher provided must be easy to reach and maintained.6
Method
How These Rules Were Checked
Each rule on this page was checked in October 2026 against the official source cited beside it: the ordinance or statute, the permit office's own pages and the tax authority. Airbnb's help pages are cited on their own only for what Airbnb itself does, such as the taxes it collects and the permit checks it runs, and otherwise only beside an official source; news reports only for when a change was announced. Rules that could not be confirmed on an official page are left out. The City of Milwaukee Department of Neighborhood Services page was read in a browser.
Rules change with council votes, court rulings and new state laws, so the page is rechecked every three months and whenever a scheduled change takes effect. It summarizes the rules for information and is not legal advice; the state agency and your city or county has the final word on any application.
Sources
Sources
Each rule above links to the source it comes from. Official ordinances, statutes and government pages come first, then Airbnb's own help pages.
- 1. Wis. Stat. 66.1014 - Limits on residential dwelling rental prohibited · Wisconsin Legislature
- 2. Wis. Stat. 97.605 - Lodging and vending licenses · Wisconsin Legislature
- 3. Wis. Stat. 97.72 - Penalties · Wisconsin Legislature
- 4. Wis. Admin. Code ATCP 72.04 to 72.07 - Licensing of hotels, motels and tourist rooming houses · Wisconsin Legislature
- 5. Wis. Admin. Code ATCP 72.08 - Department fees (Table A) · Wisconsin Legislature
- 6. Wis. Admin. Code ATCP 72.18 - Building structure and safety · Wisconsin Legislature
- 7. Wis. Stat. 66.0615 - Room tax; forfeitures · Wisconsin Legislature
- 8. Chapter 35 Tourist Rooming House · Village of Lake Delton
- 9. City of Lake Geneva Zoning Ordinance, Section 98-206 (short-term rental) · City of Lake Geneva
- 10. Tourist Rooming Houses · Wisconsin Department of Agriculture, Trade and Consumer Protection
- 11. Pub 219 Hotels, Motels, and Other Lodging Providers · Wisconsin Department of Revenue
- 12. Sales and Use Tax Rates · Wisconsin Department of Revenue
- 13. Local Exposition Taxes · Wisconsin Department of Revenue
- 14. Premier Resort Area Tax · Wisconsin Department of Revenue
- 15. Municipal room tax contacts and most recent rates (Form SL-304 data) · Wisconsin Department of Revenue
- 16. Short-Term Rental Regulations · City of Madison Building Inspection
- 17. Short Term Rentals · City of Green Bay Community & Economic Development
- 18. Plan Commission Advances Short-Term Rental Updates to Strengthen Neighborhood Protections · City of Green Bay Mayor's Office
- 19. Tourist Rooming House · City of Milwaukee Department of Neighborhood Services
- 20. Tourist Rooming House · Village of Lake Delton
- 21. Short Term Rentals · City of Lake Geneva
- 22. Municipal Requirements (City of Sturgeon Bay Tourist Rooming House Ordinance) · Door County Tourism Zone Commission
- 23. FAQ: Tourist Rooming Houses (City of Sturgeon Bay) · City of Sturgeon Bay
- 24. Occupancy tax collection and remittance by Airbnb in Wisconsin · Airbnb Help Center
- 25. Responsible hosting in Wisconsin · Airbnb Help Center