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Sauk County, WI Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit holder
property owner only, non-transferable
Occupancy cap
no more than two persons
Eligible occupants
dependent/caretaker or qualifying farm household
On ownership change
permit does not carry over

Summary

Sauk County's temporary secondary dwelling permit is not a rental license: Section 7.059 issues it only to the property owner, bars its transfer, and limits occupancy to a dependent, caretaker, or qualifying farm household member rather than a paying tenant on the open market.

These county ordinances apply to unincorporated areas of Sauk County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(1)Conditional use, land use permit, and notice of temporary permit. The arrangement shall require the issuance of a land use permit in conjunction with the recording of a notice of temporary permit on a form acceptable to the Zoning Administrator with the Sauk County Register of Deeds. ... The land use permit ... under this section shall be issued to the owner of the property and is not transferable. ... (h)A temporary secondary dwelling may not be occupied by more than two persons except that the dwellings may provide space for a family when used in conjunction with a farming operation. The owner of the principal dwelling must show that this person meets the allowance for either the farm operation or dependency living arrangement.

Full Breakdown

Sauk County Code § 7.059 does not create a rentable second unit. The land use permit that authorizes a temporary secondary dwelling is issued to the owner of the property and, by the plain text of Section 7.059(1), is not transferable. That non-transferability means the approval cannot be sold, assigned, or carried over to a new owner or a separate tenant relationship; it runs with the specific owner and the specific qualifying arrangement the county approved. Section 7.059(3)(h) reinforces the same limit from the occupancy side: a temporary secondary dwelling may not be occupied by more than two persons, and those persons must fit one of two categories the ordinance recognizes, either a person who is dependent on assistance with daily living from someone in the principal dwelling, or that person's live-in caretaker, or, for a farm-based unit, family members or hired workers of a qualifying farm operation.

The owner of the principal dwelling has to demonstrate to the Zoning Administrator that the occupant actually meets one of those two allowances. There is no general-purpose leasing pathway in the section, and Section 7.059(6) requires the owner to notify the Zoning Administrator once the dependency or farm-based use ends, at which point the unit must either be removed or converted, by a new land use permit, into an ordinary accessory structure rather than continuing as housing for an unrelated tenant.

Violations & Fines

Occupying a temporary secondary dwelling with a tenant who does not meet the dependency-care or qualifying-farm-household test in Section 7.059(3)(h), or continuing to use the unit as housing after the approved arrangement ends without notifying the Zoning Administrator under Section 7.059(6), is enforced as a zoning violation under Sauk County Code § 7.155, carrying a forfeiture of $50.00 to $200.00 per day plus removal or injunctive action.

Frequently Asked Questions

Can I rent out the secondary dwelling on my Sauk County property to anyone?
No. Section 7.059(3)(h) restricts occupancy to a person dependent on daily-living assistance, or their caretaker, or, for a farm-based unit, to family or hired workers of a qualifying farm operation, so it cannot be leased on the open market to an unrelated tenant.
Can I sell my house and pass the secondary-dwelling approval to the buyer?
No. Section 7.059(1) states plainly that the land use permit is issued to the property owner and is not transferable, so a new owner would need to reapply and show the dwelling still serves an eligible dependency or farm arrangement.
What happens when the person the unit was approved for moves out?
Section 7.059(6) requires the property owner to notify the Zoning Administrator once the dependency living arrangement or farm operation ends; within 30 days the county issues a permit converting the unit to an ordinary accessory structure, or the dwelling must be removed.

Sources & Official References

Other rules in Sauk County

All Sauk County rules

Compare Sauk County to another location·View the Wisconsin accessory structures overview

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