Local rules and regulations for Waukesha County, Wisconsin. Population: 406,978.
Verified from official government sources
Select a topic to see Waukesha County's rules on that subject.
Waukesha County cannot levy a room tax. Under Wis. Stat. 66.0615 only municipalities (cities, villages, towns) may impose a room tax, capped at 8 percent. STRs also pay state and county sales tax and the DATCP license fee.
Waukesha County sets no countywide night cap. Under Wis. Stat. 66.1014, a municipality may limit rentals of 6 to 30 consecutive days to no fewer than 180 days per year, and cannot ban rentals of 7 consecutive days or longer.
No Waukesha County rule requires a host to be present during a stay. Wisconsin permits unhosted whole-home rentals; the operative requirement is the DATCP tourist rooming house license, not owner occupancy.
There is no countywide STR parking rule in Waukesha County. Guest parking is governed by your city, village or town zoning and parking ordinances; unincorporated towns under county zoning follow the county zoning off-street parking standards.
There is no countywide STR registration in Waukesha County. Registration happens at the state through the DATCP tourist rooming house license, and any local registration is set by your individual city, village or town.
Waukesha County sets no countywide STR occupancy cap. Limits come from your city, village or town and from state DATCP tourist rooming house health-and-safety standards. Wis. Stat. 66.1014 bars locals from effectively banning rentals of 7+ days.
Waukesha County sets no countywide STR permit. Statewide, anyone renting fewer than 30 days for more than 10 nights a year needs a DATCP tourist rooming house license; your city, village or town may add a local permit.
Wisconsin sets no statewide decibel limit. Noise at a Waukesha County STR is enforced through municipal noise/nuisance ordinances and Wisconsin's disorderly-conduct statute, Wis. Stat. 947.01. The county sets no separate STR noise rule.
Waukesha County and Wisconsin set no statewide STR liability-insurance mandate. Some cities and villages require proof of liability coverage as a local licensing condition. DATCP tourist rooming house licensing focuses on health and safety, not insurance.
Waukesha County has no countywide primary-residence-only STR rule. Under Wis. Stat. 66.1014, a municipality may not prohibit renting a residential dwelling for 7 consecutive days or longer, which limits how far a local primary-residence requirement can go.
Waukesha County has no countywide construction-hours ordinance. Permitted-hour limits on hammering, power tools and heavy equipment are set by your city, village or town. In unincorporated towns, construction noise is handled through the general nuisance standard and state disorderly-conduct law.
Waukesha County sets no decibel limit, and Wisconsin has no statewide dB standard. Noise is judged by a 'reasonableness' nuisance test set by your city, village or town. Any numeric dB cap, if it exists, comes from your municipality.
No countywide amplified-sound ordinance exists. Loudspeakers, stereos and live PA systems are regulated by your city, village or town, usually as a public nuisance. Amplified noise that unreasonably disturbs the peace can also be charged as disorderly conduct under Wis. Stat. 947.01.
Waukesha County sets no leaf-blower noise ordinance. Any time-of-day or noise limits on gas or electric blowers come from your city, village or town's nuisance rules. Unreasonably loud early or late blowing can be cited as a public nuisance or disorderly conduct.
Waukesha County sets no countywide quiet-hours ordinance; your city, village or town does. In unincorporated towns the county nuisance and Wisconsin disorderly-conduct law apply. As an example, the City of Waukesha treats unreasonably disturbing noise as a public nuisance, effectively 10 p.m.–7 a.m.
Loud vehicles are governed by Wisconsin state law, not a county ordinance. Wis. Stat. 347.39 requires an adequate muffler that prevents excessive or unusual noise and bans exhaust modifications that amplify sound. County sheriff and municipal police enforce it on all roads.
Aircraft noise is regulated by the FAA, not by Waukesha County or Wisconsin. The county cannot set flight-path or overflight noise limits. Concerns about Waukesha County Airport (Crites Field) operations go to airport management and the FAA.
Persistent barking is handled as a noise nuisance by your city, village or town, not by a countywide decibel rule. Waukesha County administers dog licensing and dangerous-dog law under Wis. Stat. Ch. 174, and habitual barking that disturbs neighbors can be cited as a public nuisance.
Backyard bands, patio speakers and outdoor events are regulated by your city, village or town, not the county. Waukesha County has no noise chapter. Outdoor music that unreasonably disturbs neighbors is a public nuisance and may need a local amplified-sound or event permit.
Industrial and commercial noise is controlled through zoning and nuisance rules set by your city, village or town. In consenting unincorporated towns, Waukesha County zoning (Wis. Stat. 59.69) applies performance standards, but the county code has no standalone noise chapter.
Wisconsin state law (Wis. Stat. 101.145) requires a functional smoke detector in the basement, at the head of each stairway, and in or within 6 feet of each sleeping area. Landlords must repair a reported non-working detector within 5 days.
Recreational backyard fires are governed by your municipality. In the Town of Waukesha, outdoor fires must use an approved incinerator or a permit, stay 20 feet from structures, be attended at all times, and never burn in high wind, dry conditions or after dark.
Rules are set by your city, village or town. In the Town of Waukesha, outside burning is only allowed in an enclosed incinerator located at least 20 feet from any structure, with a metal screen and flammable material cleared 3 feet from its base.
Wisconsin DNR rules and your municipality control open burning. You may burn only small amounts of dry leaves, clean untreated wood and unrecyclable paper; garbage, plastic, rubber and treated wood are prohibited. A DNR or local burning permit is often required.
Wisconsin does not impose a wildfire defensible-space clearance mandate like the Western states. There is no countywide brush-clearance ordinance in Waukesha County; the only fire-clearance rule is a 3-foot cleared area around a burning incinerator under local outdoor-fire codes.
Propane (LP-gas) storage is regulated statewide by Wisconsin SPS 340, which adopts NFPA 58 for container design, siting and clearances. Only the container's owner or an authorized person may fill or refill it. Local zoning and fire codes may add setbacks.
Wisconsin is restrictive. Under Wis. Stat. 167.10 only sparklers, snakes, small caps and ground-based novelties are exempt; anything that explodes or leaves the ground (firecrackers, rockets, aerials) needs a user's permit from your city, village or town.
Waukesha County is not in a designated high wildfire-hazard zone. Wisconsin manages wildfire risk through DNR forest-fire protection areas and daily burning restrictions rather than mapped defensible-space zones, and southeastern Wisconsin has no special building or clearance requirements.
For single-family homes, grilling is generally unrestricted. On multi-family premises the Town of Waukesha bans charcoal, propane and open-flame grills except on the ground floor at least 20 feet from any dwelling or combustible material; above the first floor only electric grills are allowed.
Backyard smokers are treated as cooking, not open burning, so they are generally allowed for single-family homes. On multi-family premises the Town of Waukesha's outdoor-fire ban applies, limiting fuel-fired smokers the same way it limits charcoal and propane grills.
In unincorporated towns under county zoning, only one recreational vehicle may be parked on a residentially zoned lot, kept outside the district offset area unless on a driveway, and never in the C-1 Conservancy Overlay. Cities and villages set their own rules.
County zoning requires off-street loading space in business and industrial districts: one loading space for every 10,000 square feet (or fraction over 3,000) of commercial building area. Each loading space must be at least 10 by 45 feet, separate from the parking area.
Waukesha County does not run its own on-street parking program. Parking on public streets is regulated by the city, village, or town where the street sits, so rules on time limits, permits, and winter bans differ by community.
County zoning bars parking or storing commercial and industrial vehicles — trucks, buses, semi-trailers, tractors, and equipment — on any lot except in B-3, M-1, M-2, P-I, and Q-1 districts, unless a Conditional Use Permit or a farm/agricultural exception applies.
There is no countywide overnight parking ban. Overnight and winter on-street parking restrictions are set by each municipality. Many Waukesha County communities prohibit overnight or snow-season street parking, so check your city or village ordinance.
Under Wis. Stat. 342.40, a vehicle left unattended without the owner's permission — beyond 48 hours in first-class cities, or a period set locally elsewhere — is deemed abandoned and a public nuisance. A sheriff's deputy or county traffic patrolman may have it removed and impounded.
County zoning requires off-street parking to sit at least 10 feet from the abutting lot line and the base setback line, and driveways must be at least 12 feet wide. Off-street lots for more than four vehicles must be surfaced and kept dustless.
County zoning treats oversized commercial and industrial vehicles — trucks, buses, semi-trailers, tractors, construction and grading equipment — as prohibited on residential and most lots, allowing them only in specified business/industrial districts or by Conditional Use Permit.
Waukesha County has no dedicated ordinance mandating or restricting electric-vehicle charging stations. EV charger installation follows Wisconsin state electrical code and any city, village, or town permitting; the county zoning code sets no EV-specific parking requirement.
Waukesha County does not regulate curb painting or curb color markings — public streets and their curbs are controlled by the municipality or town. Only the local authority may paint or authorize red/yellow no-parking or fire-lane curb markings.
Waukesha County does not require fences on ordinary residential lots. Fences are mandated in specific situations: a barrier of at least four feet around swimming pools, screening fences around off-street parking abutting homes, and secure fencing around commercial kennel runs and disposal sites.
In unincorporated towns zoned by Waukesha County, a fence is not a regulated "Structure," so the county sets no general residential fence-height cap. The exception is vision-clearance corners and pool fences. Inside cities and villages, your municipality sets the limit.
The county treats a fence as excluded from its "Structure" definition, so no county zoning permit is required for an ordinary fence in unincorporated towns. Fences within 75 feet of a lake or river are regulated under the Shoreland Ordinance. Cities and villages may require their own permit.
Boundary-fence disputes in Waukesha County are governed by Wisconsin's partition-fence law, not the county. On adjoining farm or grazing land, both owners must build and maintain the line fence in equal shares. For residential lots, cost-sharing is usually a private matter unless a town fence viewer is involved.
Waukesha County's zoning code imposes no general fence-material palette for residential lots in unincorporated towns. Material rules appear only in specific contexts: refuse-disposal sites need a non-flammable fence, corner-vision fences must be open and see-through, and near water any fence is regulated as a shoreland structure.
Waukesha County regulates retaining walls as Structures. A wall five feet or greater from a lot line generally needs a Minor Grading zoning permit and an owner agreement; a wall closer than five feet to a lot line needs specific Plan Commission and County Zoning Agency authorization. Near water, walls
For residential fences in unincorporated Waukesha County towns, wood, vinyl, chain link, and ornamental metal are all allowed because the county does not regulate residential fence materials. Only vision-corner (open fences) and refuse-disposal (non-flammable) contexts specify a material. Municipalities set their own rules.
In unincorporated towns zoned by Waukesha County, typical residential setbacks are a 50-foot front-yard setback (35 feet from a Local Road), a 20-foot minimum offset from side and rear lines, and 75 feet from wetlands. Shoreland lots add a 75-foot setback from a lake or river.
In county-zoned unincorporated towns, once sanitary sewers are installed, total impervious coverage of a lot may not exceed 75 percent and the building footprint may not exceed 50 percent. Prior to sewers, stricter limits apply. Shoreland parcels face additional impervious-surface controls.
In county-zoned unincorporated towns, principal residential structures are generally capped at 35 feet on narrow lots (under 65 feet average width) and 44 feet on wider lots, with flat-roof buildings limited to 35 feet. Cities and villages set their own height limits.
Wisconsin does not ban any dog breed statewide, and Waukesha County sets no county breed ban; breed or dangerous-dog rules are municipal. State law imposes strict liability on owners and doubles damages if an owner knew the dog had previously bitten and scarred someone, under Wis. Stat. 174.02.
Wisconsin has no statewide leash mandate, but state law makes any dog off its owner's premises and not under control a dog 'running at large,' subject to capture and impoundment. Each Waukesha County town, city, and village sets the actual leash rule; fines run $25-$100 first offense.
Waukesha County sets no county-wide cap on the number of pets; limits are municipal and vary widely. Some communities set no numeric limit (Menomonee Falls does not cap pets), while others cap dogs and cats per household or require a kennel license above a threshold. Check your city, village, or
Wisconsin restricts dangerous exotic and wild animals at the state level. Under Wis. Stat. 169.11, no one may possess a designated 'harmful wild animal', including cougars, bears, and wild swine, without department authorization. Waukesha County municipalities may add their own bans on other exotics, so check local code too.
Keeping chickens or livestock is not set by the county for residents; it is decided by each town's or city's zoning. In the unincorporated towns Waukesha County zones under Wis. Stat. 59.69, agricultural districts allow livestock; most residential neighborhoods restrict fowl. Cities like Brookfield allow up to 4 hens with
Livestock such as cattle, horses, goats, and sheep are allowed under zoning, not a county-wide animal rule. In Waukesha County's unincorporated towns, county zoning under Wis. Stat. 59.69 designates agricultural districts where livestock is permitted; cities and villages set their own limits. Farm operations get nuisance protection under right-to-farm law
Wisconsin's dog-licensing statute does not require cats to be licensed statewide, so cat rules in Waukesha County are municipal. Some communities require cat licensing, rabies vaccination, or restrict free-roaming cats; others do not. Cats are protected from cruelty statewide, and rabies vaccination is widely required for pets.
Waukesha County sets no county-wide beekeeping ordinance; whether you may keep hives is governed by your town, city, or village zoning. Wisconsin regulates bees at the state level for disease and registration, but hive placement, hive counts, and setbacks are decided locally. Check your municipality's zoning code before starting.
Waukesha County does not set a general wildlife-feeding ban for residents; rules come from state DNR regulations and local ordinances. Wisconsin restricts feeding deer and bear in parts of the state to control chronic wasting disease, and many Waukesha County municipalities prohibit feeding that attracts deer or nuisance wildlife. Check
Animal hoarding is addressed through Wisconsin's animal-cruelty and neglect statutes plus local pet-limit and kennel rules. Wis. Stat. 951.02 bars treating any animal cruelly, and related sections require proper food, water, and shelter. Waukesha County agencies and humane societies (HAWS, EBHS) investigate cruelty and neglect; violations can be criminal.
On ordinary residential lots there is no county tree-trimming permit. But within 35 feet of a lake or stream's ordinary high-water mark (OHWM), removal or destruction of buffer vegetation is prohibited except routine maintenance under the county Shoreland Protection Ordinance and NR 115.
There is no general county tree-removal permit for ordinary residential lots. A county Vegetation Removal permit IS required to cut trees within Shoreland/Floodland areas, Environmental Corridors, and near navigable water; 'Priority Trees' removed within 300 feet of the water must be replanted.
Waukesha County sets no countywide maximum lawn-grass height for unincorporated towns. Grass-height/tall-grass abatement is a municipal matter: cities like Waukesha and villages set their own limits (commonly 8-12 inches). The county's turf role is the state noxious-weed duty.
Rain barrels and rain gardens are legal and encouraged in Waukesha County; there is no county ban on collecting rainwater. In the shoreland zone, rain gardens and infiltration devices count as stormwater treatment that can offset impervious-surface limits.
Wisconsin law (Wis. Stat. 66.0407) makes destroying noxious weeds MANDATORY. Every landowner must destroy Canada thistle, leafy spurge, field bindweed and any locally-declared noxious weed. Weed commissioners enforce it, and municipalities must publish an annual notice by May 15.
Backyard composting is legal and encouraged. Household compost piles are exempt from state licensing, and Wisconsin bans yard waste (leaves, grass clippings, brush) from landfills, so composting or mulching is effectively the required alternative for yard debris.
Waukesha County itself sets no countywide watering schedule. Outdoor watering restrictions (odd/even days, sprinkler hours) are imposed by each municipal water utility under Public Service Commission oversight. Southeastern Wisconsin is a state-designated groundwater management area.
Native-plant and prairie/no-mow yards are allowed and encouraged, but you must still meet the mandatory noxious-weed duty (Wis. Stat. 66.0407) and any municipal tall-grass rules. In the 35-foot shoreland buffer, native vegetation is actually required, not just permitted.
Waukesha County has no ordinance banning or specifically regulating artificial turf on ordinary lots. Near lakes and streams, though, artificial turf counts as impervious/manmade surface under NR 115, so it is limited by the shoreland 15%-30% impervious-surface cap.
Waukesha County does not set a separate hot-tub ordinance. Because the zoning code defines a swimming pool as water more than thirty inches deep, most spas fall below that threshold; a permanent hot tub is a structure and must meet district setbacks, and electrical work follows Wisconsin code.
Waukesha County zoning requires walls or fences at least four feet high around the immediate pool area to deter unsupervised children. Wisconsin's Uniform Dwelling Code does not itself impose a residential pool-barrier rule, so this county/municipal fence standard controls.
County zoning requires a four-foot barrier around the pool and, for above-ground pools, a ladder designed to be locked, tipped or placed to prohibit child access. Public pools carry stricter state safety-barrier rules under SPS 390.
In the unincorporated towns Waukesha County zones, no swimming pool (above or below ground) may be built without a county zoning permit. Cities and villages like Waukesha, Brookfield and New Berlin issue their own pool permits.
Above-ground pools are permitted in most Waukesha County zoning districts. No separate fence is needed if the pool walls are at least four feet above grade and extend at least five feet from the pool, but a lockable ladder is still required.
Under Waukesha County zoning, a home occupation may display a nameplate no larger than three square feet. Larger business or advertising signs are not permitted for a home occupation in a residential district.
A home occupation inside your dwelling that meets the county conditions is a permitted accessory use needing no special permit. But a home business run from an attached garage or accessory building requires a conditional use permit as a Limited Family Business.
Waukesha County zoning allows home occupations and professional offices as accessory uses in residential districts when incident to the residential use and conducted in the same dwelling. A business run from a detached garage or accessory building needs a conditional use permit.
Wisconsin, not Waukesha County, sets cottage-food rules. Non-hazardous home baked goods may be sold direct to consumers without a license. Home-canned high-acid foods (pickles) can be sold up to $5,000 a year under Wis. Stat. 97.29 with required labeling.
Wisconsin, not Waukesha County, licenses in-home child care. Under Wis. Stat. 48.65, anyone caring for four or more children under age seven for less than 24 hours a day must be licensed as a family child care center; the county still applies home-occupation zoning.
Waukesha County does not set cart storage or screening rules. Each city, village, and town, or its contracted hauler, decides cart type, storage, and setout. The county's role is recycling program administration, not individual bin rules.
Vacant-lot upkeep is enforced by your city, village, or town, not a countywide code. The county's clearest reach onto vacant land is the state noxious-weed duty and, near lakes, shoreland vegetation rules.
Waukesha County has no countywide blight ordinance for private property upkeep. Property maintenance, junk, and blight are regulated by your city, village, or town. The county's direct authority covers health hazards, septic, and shoreland, not general blight.
Wisconsin law requires every landowner to destroy noxious weeds: "A person owning, occupying or controlling land shall destroy all noxious weeds on the land" (Wis. Stat. 66.0407(3)). Tall-grass height limits are set by your municipality, not the county.
Waukesha County has no countywide garage-sale ordinance. Permit needs, sale-day limits, and sign rules are set by your city, village, or town. Many local codes cap the number of sales per year and require signs be removed promptly.
Waukesha County does not collect garbage or recycling. The county states it "does not provide any type of pickup service"; each municipality contracts with its own hauler. Collection days and rules come from your city, village, town, or hauler.
Wisconsin bans recyclables from landfills: from January 1, 1995, no person may landfill or burn aluminum, glass, plastic and steel containers, cardboard, newspaper, magazines, and office paper (Wis. Stat. 287.07(4)). Waukesha County administers the program locally.
Wisconsin's littering law bans dumping solid waste on any public or private property. Ordinary dumping carries up to a $500 forfeiture (Wis. Stat. 287.81(2)); dumping a large item like an appliance, tire, or building debris carries up to $1,000.
Waukesha County sets no bin-placement rule. Where and when carts go to the curb, and how far apart, is set by your municipality or its hauler. The county administers the recycling program but not individual setout rules.
Waukesha County provides no bulk pickup: it "does not provide any type of pickup service." Dispose of furniture, mattresses, and appliances via your hauler, donation (Habitat ReStore, Goodwill), private junk haulers, or a landfill directly.
Waukesha County town zoning effectively blocks most tiny homes: any single-family dwelling must have 1,100 sq ft overall floor area (850 sq ft on the first floor), and tiny-house-on-wheels living is barred outside approved mobile-home parks. Cities and villages set their own dwelling-size rules.
In unincorporated Waukesha County towns, a lot is limited to two accessory buildings and a total footprint of 600 sq ft (lots under 14,000 sq ft) or 750 sq ft / 2% of lot area on larger lots. One detached shed under 200 sq ft may sit 5 ft from
The county's town zoning code has no dedicated garage-conversion rule. Converting a garage to living space must meet the 1,100 sq ft minimum dwelling floor area and any state building-code and septic/well approvals, and cannot create a second dwelling unit. Cities and villages regulate conversions themselves.
Waukesha County's zoning code for unincorporated towns has no accessory-dwelling-unit allowance. It bars habitation of trailers/mobile homes outside parks and sets an 1,100 sq ft minimum dwelling floor area, effectively precluding backyard ADUs. Inside cities and villages, check the municipality.
A carport is treated as an accessory structure under county town zoning. It counts toward the two-building limit and the accessory-building footprint cap (600 sq ft on lots under 14,000 sq ft), must meet district side-lot offsets, and sit at least 10 ft from the house. Cities and villages set
Waukesha County's town zoning sign chapter does not set specific garage-sale-sign rules, and it prohibits signs in the public right-of-way that create a traffic hazard. Garage-sale signage is generally regulated by your city, village, or town, so check the local municipality.
Wisconsin state law protects political signs. Under Wis. Stat. 12.04(3), no county or municipality may regulate the size, shape, placement, or content of a political-message sign on residential property during a campaign period, except limited traffic-safety rules. This overrides local sign codes countywide.
Waukesha County has no countywide dark-sky ordinance. Its town zoning code controls glare only for commercial/parking lighting, requiring cut-off fixtures that don't throw light onto neighbors. Residential dark-sky standards, where they exist, are set by individual cities and villages.
Waukesha County's town zoning code limits light spillover for parking/commercial lighting: no more than 0.2 footcandles at residential property lines and 0.5 footcandles at other property lines, using cut-off fixtures. There is no residential-to-residential light-trespass rule; that is handled by municipal nuisance law.
These cities are located within Waukesha County and may have their own ordinances.
These communities are in unincorporated Waukesha County. County ordinances apply directly to these areas.
Ordinance data for Waukesha County is sourced from the following official government references. Click any topic above for detailed citations.