Winnebago County, WI Fire Regulations: Fireworks (2026)
Key Facts
- State Law
- Wis. Stat. §167.10
- Permit Issuer
- Mayor / village pres. / town chair
- Sparkler Limit
- Up to 36 inches (no permit)
- Max Forfeiture
- $1,000
Summary
Wis. Stat. §167.10 requires a user's permit for nearly all consumer fireworks (firecrackers, bottle rockets, Roman candles, mortars, aerial repeaters). Permits are issued by the mayor, village president, or town chairperson, or designee, where use will occur. Sparklers on a wire or wood stick not exceeding 36 inches, snakes, smoke devices, caps, model rocket engines, and certain DOT 1.4 cones/fountains are exempt.
167.10 167.10 Regulation of fireworks. 167.10(1) (1) Definition. In this section, "fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following: 167.10(1)(a) (a) Fuel or a lubricant. 167.10(1)(b) (b) A firearm cartridge or shotgun shell. 167.10(1)(c) (c) A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle. 167.10(1)(d) (d) A match, cigarette lighter, stove, furnace, candle, lantern or space heater. 167.10(1)(e) (e) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion. 167.10(1)(f) (f) A toy snake which contains no mercury. 167.10(1)(g) (g) A model rocket engine. 167.10(1)(h) (h) Tobacco and a tobacco product. 167.10(1)(i) (i) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects. 167.10(3) (3) Use. 167.10(3)(a) (a) No person may possess or use fireworks without a user's permit from the mayor of the city, president of the village or chairperson of the town in which the possession or use is to occur or from a person designated by the mayor, president or chairperson to issue a user's permit. 167.10(5) (5) Local regulation. 167.10(5)(a) (a) Subject to pars. (b) to (e) , a city, village, town or county may enact an ordinance for any of the following: 167.10(5)(a)1. 1. Defining "fireworks" to include all items included under sub. (1) (intro.) and anything under sub. (1) (e) , (f) , (i) , (j) , (k) , (L) , (m) and (n) . 167.10(5)(a)2. 2. Prohibiting the sale, possession or use, as defined by ordinance, of fireworks. 167.10(5)(a)3. 3. Regulating the sale, possession or use, as defined by ordinance, of fireworks. 167.10(5)(b) (b) An ordinance under par. (a) may not be less restrictive in its coverage, prohibition or regulation than this section but may be more restrictive than this section.
Full Breakdown
Under Wis. Stat. §167.10(1), 'fireworks' means anything manufactured for exploding, emitting sparks, or combustion that has no other common use, but excludes: sparklers on a wire or wood stick not exceeding 36 inches, toy snakes without mercury, smoke devices with less than 1/4 grain of explosive mixture, caps with less than 1/4 grain per cap, model rocket engines, and certain DOT Division 1.4 fountains and cones. §167.10(3) requires a user's permit for all non-exempt fireworks, issued by the mayor of a city, village president, or town chair (or designee) where use will occur. Winnebago County itself does not issue user's permits. In Oshkosh, Neenah, Menasha, and each town and village within the county, the local executive issues permits, and many municipalities further restrict items state law would permit.
Violations & Fines
Wis. Stat. §167.10(9): possession or use without a permit is subject to forfeiture not to exceed $1,000 for a first offense; subsequent offenses or use causing damage may carry higher penalties.
Frequently Asked Questions
Are bottle rockets and firecrackers legal in Winnebago County?
Sources & Official References
Other rules in Winnebago County
How Winnebago County compares: Cities Where Fireworks Are Banned or Heavily Restricted·Compare Winnebago County to another location·View the Wisconsin fire regulations overview
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