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🏠 Short-Term Rentals/Occupancy Limits

Occupancy Limits: Burlington vs Racine

How do occupancy limits rules compare between Burlington, WI and Racine, WI?

Burlington and Racine have similar restriction levels.

Burlington, WI

Racine County

Some Restrictions

Racine County does not set a fixed county-wide occupancy cap for short-term rentals. Wisconsin's Tourist Rooming House rules under Wis. Admin. Code ch. ATCP 72 limit a TRH to four or fewer individually keyed sleeping units; larger properties must license as a hotel. The state Uniform Dwelling Code (SPS 321) and ch. ATCP 72 building-safety provisions effectively cap occupancy through bedroom size and egress requirements. Wis. Stat. §66.1014(2)(c) allows local governments to impose reasonable health-and-safety occupancy limits.

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Racine, WI

Racine County

Some Restrictions

Racine County does not set a fixed county-wide occupancy cap for short-term rentals. Wisconsin's Tourist Rooming House rules under Wis. Admin. Code ch. ATCP 72 limit a TRH to four or fewer individually keyed sleeping units; larger properties must license as a hotel. The state Uniform Dwelling Code (SPS 321) and ch. ATCP 72 building-safety provisions effectively cap occupancy through bedroom size and egress requirements. Wis. Stat. §66.1014(2)(c) allows local governments to impose reasonable health-and-safety occupancy limits.

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Key Facts Comparison

FactBurlingtonRacine
County-Wide Occupancy CapNone adoptedNone adopted
TRH Unit Limit4 or fewer keyed units (ATCP 72)4 or fewer keyed units (ATCP 72)
Bedroom Size Floor70 sq ft / 50 sq ft per added occupant (SPS 321)70 sq ft / 50 sq ft per added occupant (SPS 321)
Local AuthorityWis. Stat. §66.1014(2)(c) - health & safetyWis. Stat. §66.1014(2)(c) - health & safety
5+ Keyed UnitsRequires hotel licenseRequires hotel license
DATCP Phone608-224-4923608-224-4923

Highlighted rows indicate differences between cities.

Burlington FAQ

How many guests can stay in a short-term rental in unincorporated Racine County?

Racine County has not adopted a county-wide cap on the number of overnight guests in a short-term rental. Practical limits come from state rules: Wis. Admin. Code ch. ATCP 72 caps a Tourist Rooming House at four or fewer individually keyed sleeping units, and Wisconsin's Uniform Dwelling Code (SPS 321) sets minimum bedroom square-footage and egress standards. If your property is in an incorporated city or village (such as Racine, Burlington, Mt. Pleasant, or Wind Point), the local STR ordinance may impose an additional occupancy limit tied to the number of bedrooms.

Does Racine County limit occupancy by bedroom count?

Not at the county level. Wis. Stat. §66.1014(2)(c) preserves local authority to set reasonable health-and-safety occupancy rules, but Racine County has not exercised that authority through the county code for unincorporated towns. The Village of Wind Point's 2025 STR ordinance is one example of a local Racine County jurisdiction that does tie occupancy to bedroom count. Always confirm with your town clerk before listing the unit.

Racine FAQ

How many guests can stay in a short-term rental in unincorporated Racine County?

Racine County has not adopted a county-wide cap on the number of overnight guests in a short-term rental. Practical limits come from state rules: Wis. Admin. Code ch. ATCP 72 caps a Tourist Rooming House at four or fewer individually keyed sleeping units, and Wisconsin's Uniform Dwelling Code (SPS 321) sets minimum bedroom square-footage and egress standards. If your property is in an incorporated city or village (such as Racine, Burlington, Mt. Pleasant, or Wind Point), the local STR ordinance may impose an additional occupancy limit tied to the number of bedrooms.

Does Racine County limit occupancy by bedroom count?

Not at the county level. Wis. Stat. §66.1014(2)(c) preserves local authority to set reasonable health-and-safety occupancy rules, but Racine County has not exercised that authority through the county code for unincorporated towns. The Village of Wind Point's 2025 STR ordinance is one example of a local Racine County jurisdiction that does tie occupancy to bedroom count. Always confirm with your town clerk before listing the unit.

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