Sauk County, WI Accessory Structures: ADU Rental Restrictions (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.
(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?
Can I sell my house and pass the secondary-dwelling approval to the buyer?
What happens when the person the unit was approved for moves out?
Sources & Official References
Other rules in Sauk County
Compare Sauk County to another location·View the Wisconsin accessory structures overview
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