New Berlin regulates but cannot ban STRs under WI Act 59 (2017). DATCP tourist rooming house license may be required. WI Stat. §66.1014.
Short-term rentals in New Berlin must comply with Chapter 171 (Noise) of the New Berlin Municipal Code, which prohibits any loud, disturbing or unnecessary sound that tends to annoy or disturb a person of ordinary sensibilities in or about any public street, alley, park or private residence. New Berlin uses a plain-language nuisance standard rather than fixed dBA limits or numeric quiet hours, and the rule applies equally to transient/short-term lodging guests under City Ordinance Section 152.24.
Short-term rentals in New Berlin must provide a minimum of one off-street parking stall per guest bedroom (with a minimum of two stalls total) under City Ordinance Section 152.24, and guest vehicles cannot park on any city street between 2:00 a.m. and 5:00 a.m. without a permit issued by the New Berlin Police Department. Wisconsin Statute 66.1014 preserves local parking authority even though it limits how restrictively New Berlin can regulate the rental itself.
Wisconsin does not preempt local breed-specific legislation. Some WI cities have breed bans. WI Stat. §174.042 covers dangerous dogs based on behavior.
New Berlin may allow residential beekeeping with hive limits and setbacks. Registration with WI DATCP required. WI Stat. §94.76.
New Berlin requires dogs on leash in public. Off-leash in designated parks only. Dog licensing required statewide under WI Stat. §174.
Wisconsin Statute Chapter 951 prohibits animal cruelty and neglect statewide, applying uniformly to hoarding situations. Local ordinances may supplement but cannot weaken state standards for animal treatment and confinement.
Wisconsin's right-to-farm law (Wis. Stat. 823.08) and Livestock Facility Siting Law (Wis. Stat. 93.90) limit municipal authority to restrict agricultural operations and standardize permitting for livestock facilities statewide.
Wisconsin Statute Chapter 169 governs captive wildlife statewide, requiring licenses for possession of native wildlife and prohibiting harmful exotic species. The Department of Natural Resources enforces uniformly across all municipalities.
Wisconsin prohibits feeding and baiting deer and elk in counties with chronic wasting disease (CWD) under Wis. Stat. 29.614. The Department of Natural Resources enforces these restrictions uniformly across affected counties.
Outdoor burning regulated by WI DNR and local ordinance. New Berlin may prohibit most open burning. Garbage burning always illegal. DNR permits required in protection areas.
Wisconsin bans all aerial and explosive consumer fireworks. Only non-explosive types legal (sparklers, snakes, smoke devices). WI Stat. §167.10.
Wisconsin uniformly regulates propane storage, installation, and handling under Wis. Admin. Code SPS 340, adopting NFPA 58 statewide and preempting inconsistent local rules through state building and fuel gas codes.
Wisconsin DNR designates statewide Fire Protection Areas under Wis. Stat. § 26.11 where the agency holds primary wildfire suppression authority and enforces stricter ignition rules during elevated fire danger.
WI Stat. §90.02 to 90.14 provides line fence cost-sharing for rural/agricultural land. Urban residential fences: each owner responsible for their own.
New Berlin Municipal Code Chapter 275 (Zoning) allows fences as accessory uses in all districts. Residential front yard fences are capped at 50 inches; side and rear yard fences at 74 inches. Fences in the vision clearance triangle may not exceed 3 feet (36 inches) above mean street grade. Nonresidential fences may not exceed 98 inches. On corner lots the side facing the second street is treated as a front yard; on double-frontage lots the side facing the rear street is treated as a rear yard. No permit is required when these limits are met; permits (DCD or Plan Commission review) are required to exceed them.
Wisconsin enforces uniform pool barrier requirements through the Department of Safety and Professional Services. SPS 390 governs public pools and the Uniform Dwelling Code addresses residential pool fencing, preempting inconsistent local building standards for one and two-family dwellings.
New Berlin enforces pool safety requirements including anti-entrapment drain covers (VGB Act), barriers, and depth markers. WI Stat. §145.17 governs.
New Berlin requires building permits for pools, spas, and hot tubs. WI Uniform Dwelling Code governs. Inspections required.
New Berlin requires pool barriers to prevent unsupervised child access. Minimum 48-inch height. Self-closing, self-latching gates. WI Stat. §145.17.
New Berlin enforces quiet hours in this suburban Milwaukee community. 40,000+ residents in a mix of residential subdivisions and environmental corridors. Conservation-oriented development approach.
New Berlin considers excessive barking a nuisance. Animal control handles complaints. WI Stat. §174 covers dog regulation statewide.
New Berlin regulates amplified music under the general noise ordinance. Sound amplification permits available for events. WI Stat. §947.01 applies.
Aircraft noise in Wisconsin is overwhelmingly governed by federal aviation law. The FAA preempts state and local noise regulation of aircraft in flight, while Wisconsin Statute Chapter 114 governs aeronautics and limits municipal authority over airspace and airport operations.
New Berlin allows home occupations as accessory use in residential zones. Home occupation permit required. WI cottage food law applies for home bakers.
Wisconsin allows home producers to sell certain non-hazardous foods directly to consumers without a license under the Pickle Bill and baked-goods rulings. State law sets uniform sales caps, labeling, and product limits.
Wisconsin requires state licensing or certification for any home caring for four or more unrelated children. The Department of Children and Families administers uniform standards that preempt conflicting local rules.
New Berlin restricts commercial vehicle parking in residential zones. Weight, size, and signage limits apply. Overnight heavy truck storage prohibited.
New Berlin requires vehicles parked on improved surfaces. Front lawn parking prohibited. Driveway modifications require permits.
New Berlin enforces street parking restrictions locally. Winter alternate-side parking critical. No statewide consecutive parking limit. WI Stat. §346.503 applies.
Wisconsin law defines abandoned vehicles and authorizes removal after 48 hours on highways or public property. State statute provides uniform procedures for impoundment, notice to owners, and disposal applicable in every municipality.
Sheds in New Berlin are accessory buildings under Section 275-42 of the New Berlin Zoning Code. Sheds 144 square feet or less may be located only in the side or rear yard, must be a minimum of 5 feet from all property lines if in the rear yard, must meet the underlying zoning district setbacks if in the side yard, and must be placed on a concrete slab, patio block, asphalt, polycarbonate base, or pressure-treated wood floor. A minimum of 10 feet of separation is required between the shed and any other structure (5 feet with proper fire separation approved by the Building Inspector).
New Berlin restricts accessory dwelling units (ADUs) under Chapter 275 (Zoning) of the Municipal Code, adopted by Common Council Ordinance No. 2489 on June 17, 2013, under the city's zoning authority in Wis. Stat. Sec. 62.23. The Code defines an 'accessory dwelling' narrowly as a second dwelling unit integrated with a business on the same lot, and accessory dwelling units / living quarters are not permitted within accessory buildings (detached garages, sheds, etc.). Detached, freestanding ADUs in residential districts are not a recognized permitted use. Property owners seeking a second dwelling must work through the Department of Community Development for a use determination, conditional use, or rezoning.
Wisconsin's Uniform Dwelling Code (Wis. Stat. ch. 101 and SPS 320-325) sets statewide construction standards for one- and two-family dwellings, including tiny homes built as permanent dwellings. Local governments cannot impose stricter building code standards than the UDC.
New Berlin enforces weed abatement under WI Stat. §66.0407. WI DNR NR 40 governs invasive species. County enforcement also applies.
New Berlin enforces maximum grass and weed height, typically 8 to 12 inches. Overgrown properties subject to code compliance action and city abatement.
New Berlin regulates floodplain development through Article IXA (Floodplain Zoning) of Chapter 275, in conformance with Wis. Stat. Sec. 87.30 and Wis. Admin. Code Chapter NR 116, plus 44 CFR Parts 59-72 of the National Flood Insurance Program. The city has mapped 100-year floodplain along Poplar Creek, Deer Creek, Root River, Calhoun Creek, Tess Corners Creek, Underwood Creek, the Fox River drainage, and the Upper Kelly Lake Tributary. All development in the 100-year floodplain - including buildings, filling, excavation, and fences - requires a zoning permit from the Department of Community Development. The 50% substantial-improvement rule applies to any repair or improvement to existing structures.
Wisconsin's NR 115 sets minimum shoreland zoning standards along navigable waters, and the Public Trust Doctrine protects Great Lakes shores. Counties must adopt rules at least as strict as NR 115 statewide.
Wisconsin requires erosion control practices on construction sites under NR 151 and SPS 321. State standards apply uniformly, and one- and two-family dwelling sites follow Department of Safety and Professional Services rules.
Wisconsin's NR 151 sets statewide performance standards for construction site and post-construction stormwater runoff. DNR administers WPDES permits, and local programs must meet or exceed state minimums.
Wisconsin Administrative Code NR 115 sets uniform impervious surface coverage limits for shoreland properties statewide. Counties must adopt these standards, typically capping coverage at 15 percent, with mitigation allowing up to 30 percent in certain circumstances.
Wisconsin Statute § 59.692 and Wisconsin Administrative Code NR 115 establish uniform statewide shoreland zoning standards including setback requirements from navigable waters. Counties must adopt these minimum standards, and municipalities cannot impose more restrictive shoreland setbacks.
Wisconsin's Uniform Dwelling Code (UDC) under Wis. Stat. § 101.65 sets statewide construction standards for one and two-family dwellings. While zoning height limits remain local, structural standards including height-related requirements are uniform and preempt conflicting municipal building codes.
Wisconsin has no legal recreational or medical marijuana dispensary program. State law prohibits cannabis sales, so no municipality can authorize dispensary operations through zoning ordinances.
Wisconsin prohibits all marijuana cultivation, including for personal use. Growing any cannabis plant is a felony under state controlled substances law. No municipality may authorize home cultivation.
Wisconsin commercial drone operators follow FAA Part 107 and state preemption under Wis. Stat. 114.045. Local governments cannot impose competing flight rules, though state privacy and surveillance statutes apply.
Wisconsin Statute 114.045 preempts most local drone regulation, reserving authority to the state and FAA. Recreational pilots must follow federal Part 107 hobbyist rules and Wisconsin's drone-privacy criminal statute.
Wisconsin Statute 104.001 expressly preempts cities, villages, towns, and counties from establishing a minimum wage higher than the state minimum, ensuring uniform wage rules across Wisconsin.
Wisconsin Statute 103.10 and 104.001 preempt local paid sick leave ordinances, blocking cities and counties from requiring private employers to provide paid time off beyond state and federal mandates.
Wisconsin preempts local predictive scheduling and fair workweek ordinances under Wis. Stat. 103.007, ensuring statewide uniformity for employer scheduling practices and forbidding municipal advance-notice mandates.
Wisconsin issues shall-issue concealed weapon licenses to qualified residents age 21+ who complete training, pass a background check, and pay required fees, with statewide preemption preventing local rules.
Wisconsin Statute 66.0409 broadly preempts local firearm regulation, barring cities, villages, towns, and counties from enacting ordinances stricter than state law on possession, transportation, sale, or registration of firearms and ammunition.
Wisconsin permits adults at least 18 who are not prohibited persons to openly carry firearms in public without a permit, with statewide preemption blocking local restrictions on lawful open carry.
Wisconsin Statute 941.23 makes carrying a concealed handgun in a vehicle without a CCW license a misdemeanor, while open carry and licensed concealed carry inside vehicles are lawful statewide subject to limited prohibited zones.
Wisconsin Statute 66.0104 and Act 317 prevent municipalities from limiting landlord-tenant relationships beyond state law, including any local just-cause eviction requirement. Eviction grounds and procedures are governed exclusively by Wis. Stat. ch. 704 and ATCP 134.
Wisconsin Statute 66.1015 expressly prohibits any city, village, town, or county from regulating the amount of rent or fees charged for residential rental units. The preemption is total, with narrow exceptions for government-owned housing and voluntary agreements.
Wisconsin Statute 66.0104 limits how cities can require rental property registration and inspection. Programs must target districts with documented blight or code issues, and inspection fees are capped between roughly $75 and $150 depending on inspection type.
Wisconsin's Working Lands Initiative under Statute 91 establishes farmland preservation zoning districts, certifies county and local plans, and offers income tax credits to farmers in certified agricultural enterprise areas.
Wisconsin Statute 823.08 protects established agricultural operations from nuisance lawsuits by neighbors, requiring courts to dismiss claims unless the farm substantially threatens public health or safety.
Wisconsin Statute 66.0419, enacted by 2015 Act 17, preempts cities, villages, towns, and counties from regulating, banning, or imposing fees on auxiliary containers including plastic bags, cups, and bottles.
Wisconsin's auxiliary container preemption law in Statute 66.0419 prevents municipalities from banning or restricting expanded polystyrene foam takeout containers, leaving any restriction to state legislation.
Wisconsin Statute 66.0419 preempts cities and counties from regulating plastic straws, stirrers, and similar single-use items, and the state has not adopted a statewide straw-on-request rule.
Wisconsin Statute 66.0401 applies to homeowners associations and condo associations, preempting deed restrictions and covenants that prohibit or significantly impair solar energy systems on owner property.
Wisconsin Statute 66.0401 broadly preempts municipalities and counties from restricting solar and wind energy systems unless restrictions serve specific public health, safety, or aesthetic exceptions defined by state law.
Wisconsin Statute 134.66 prohibits selling, giving, or furnishing cigarettes, tobacco, or vapor products to any person under 21 years of age and requires retailers to verify age via valid ID before sale.
Wisconsin has not enacted a statewide ban on flavored tobacco or vapor products; sales of menthol cigarettes and flavored e-cigarettes remain lawful under Wis. Stat. 134.66 subject to age and licensing rules.
Wisconsin regulates electronic vaping devices under its tobacco statutes, requiring retailer licenses, age-verification, and excise taxes on vapor products, with state law preempting most local retail rules under 134.66.