Occupancy Limits: Milwaukee vs Wauwatosa
How do occupancy limits rules compare between Milwaukee, WI and Wauwatosa, WI?
Wauwatosa has fewer restrictions than Milwaukee.
Milwaukee, WI
Milwaukee County
Milwaukee STR occupancy follows the state rooming house cap of two guests per bedroom plus two, and overall building occupancy limits set by the Wisconsin Uniform Dwelling Code.
View full Milwaukee rules →Wauwatosa, WI
Milwaukee County
Milwaukee County does not regulate STR occupancy. The county is fully incorporated into 19 cities and villages; STR occupancy is set by the host municipality plus the state DATCP Tourist Rooming House license under Wis. Admin. Code ATCP 72, which caps capacity at the bedroom count and approved sleeping areas. Wis. Stat. 66.1014 preempts municipalities from prohibiting rentals of 7 days or longer.
View full Wauwatosa rules →Key Facts Comparison
| Fact | Milwaukee | Wauwatosa |
|---|---|---|
| Formula | 2 per bedroom + 2 | - |
| Min First Occupant | 70 sq ft | - |
| Min Additional | 50 sq ft each | - |
| State Authority | DATCP Ch. ATCP 72 | - |
| County STR Occupancy Cap | - | None; county has no unincorporated land |
| State License Authority | - | DATCP under Wis. Admin. Code ATCP 72 |
| License Capacity Basis | - | Approved bedrooms and sleeping areas (ATCP 72.05-.06) |
| Building Code Authority | - | Wis. Admin. Code SPS 320-325 and 361-366 |
| State Right-to-Rent Floor | - | Wis. Stat. 66.1014 (rentals 7+ days) |
| Local Authority | - | 19 Milwaukee County municipalities |
Highlighted rows indicate differences between cities.
Milwaukee FAQ
Wauwatosa FAQ
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