Short-Term Rentals in Fitchburg, WI

If you live in Fitchburg or are thinking about moving there, short-term rentals are one of those things you probably won't think about until they affect you directly. Fitchburg has 5 specific rules on the books covering different aspects of short-term rentals, and some of them might surprise you.

Night Caps

Fitchburg, Wisconsin exempts occasional short-term rentals from its licensing scheme: City Code § 10-284(j) says no license is required for a short-term rental operated ten nights or fewer in a calendar year. Cross that ten-night line and § 10-287(a) makes operating, listing, or advertising the rental without a license unlawful.

Key details: Exemption: 10 or fewer nights per calendar year. Exempted from: Annual STR license, § 10-284. Over the line: Full licensing chapter applies. Unlicensed operation: Unlawful, § 10-287(a).

A host who rents beyond the ten-night threshold without first securing the § 10-284 license is operating unlawfully under § 10-287(a), and listing or advertising that rental is separately unlawful under § 10-287(b). The building inspector may cite the operator under § 10-287(e), with each day of unlicensed operation or advertising treated as its own separate offense under the city fee schedule.

If you are coming from a city with tighter rules, you will find Fitchburg gives residents more flexibility on night caps.

Occupancy Limits

Fitchburg, Wisconsin short-term rental licenses issued under City Code § 10-285 must state a maximum occupancy for the rental, and § 10-287(c) makes it unlawful to host more guests than the license allows or than Wisconsin's tourist rooming house rule (ATCP 72) permits, whichever number is smaller.

Key details: Cap source: License figure vs. ATCP 72, smaller controls. Set by: City clerk on annual license, § 10-285. Verified by: Building inspection department. Violation: Citation per § 10-287(e), daily offense. Revocation lockout: 12 months, § 10-288(f).

Section 10-287(c) makes it unlawful to operate, and § 10-287(d) unlawful to advertise, a short-term rental that exceeds the occupancy listed on its license or the ATCP 72 limit, whichever is smaller. Under § 10-287(e) the building inspector may cite the operator for each violation, with each day a violation continues counted as a separate offense; repeated noncompliance can trigger the § 10-288 license revocation process, which bars a new license for 12 months.

Short-Term Rental Permits

Every short-term rental host in Fitchburg, Wisconsin must obtain an annual license from the city clerk before renting, under City Code § 10-284. The application must show the operator's identity, the rental's maximum occupancy, proof it is the operator's primary residence, a state tourist rooming house license, and a passed city building inspection, and the license expires each June 30.

Key details: License required: Annual, per rental, city clerk. Expires: June 30 every year. State license needed: Tourist rooming house license (DATCP). Inspection: Annual building inspection before issuance. Unlicensed operation: Citation, daily separate offense.

Operating, listing, or advertising a short-term rental without the § 10-284 license violates § 10-287(a) and (b); the building inspector may issue a citation to the operator in the amount set by the city fee schedule, and each day of continued operation without a license counts as a separate offense under § 10-287(e). A revoked license permanently bars reapplication for 12 months under § 10-288(f).

Compared to other cities, Fitchburg takes a harder line on short-term rental permits. The enforcement and penalty structure reflects that.

Taxes & Fees

Fitchburg, Wisconsin taxes short-term rental stays under 28 days the same as hotel rooms under its room tax ordinance, and operators must also hold a city business permit. Lodging marketplaces like Airbnb collect and remit the tax directly to the city treasurer.

Key details: Room tax rate: Set annually in budget appendix fee schedule. Business permit fee: Set annually in budget appendix fee schedule. Late tax forfeiture: 25% of prior year tax or $5,000, lesser. Interest on unpaid tax: 1% per month. Permit/inspection violation: Up to $250/day, capped at 5%.

Late room tax payment draws a forfeiture of 25 percent of the prior year's tax due or $5,000, whichever is less, under § 10-253, plus interest at 1 percent per month from the due date until paid. Operating without the § 10-274 permit, refusing an inspection, or otherwise violating the tax provisions carries a forfeiture up to $250 per day under § 10-254, capped at 5 percent of the tax imposed, while breaching records confidentiality under §§ 10-250 or 10-251 draws a forfeiture of $100 to $500.

Primary-Residence-Only Rule

Fitchburg, Wisconsin only lets a property's actual live-in owner or lessee run it as a licensed short-term rental. City Code § 10-284(b) and (g) require the application to state, and a notarized affidavit to confirm, that the rental is the operator's primary residence, and § 10-241 defines 'operator' to exclude any LLC, trust, non-profit, or other corporate entity.

Key details: Operator definition: Owner/lessee living there, not a corporation. 183-day test: Wisconsin residence definition, § 10-241. Affidavit: Notarized, required § 10-284(g). Excluded operators: LLC, trust, non-profit, corporate entity.

No license may issue under § 10-284(h) without the notarized primary-residence affidavit required by § 10-284(g); a false affidavit or a change that makes the rental no longer the operator's primary residence exposes the license to the § 10-288 revocation process, and operating a short-term rental without the resulting license is separately unlawful under § 10-287(a), enforceable by building-inspector citation for each day of continued violation.

This is not one of those rules that cities tend to ignore. Fitchburg actively enforces its primary-residence-only rule requirements.

The Bottom Line

Fitchburg is tougher than many cities when it comes to short-term rentals. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Fitchburg, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Fitchburg's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.