Winnebago County, WI Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- County Numeric Cap
- None published; per-property via TRH license
- Governing Code
- Wis. Admin. Code ATCP 72
- State Right-to-Rent
- Wis. Stat. §66.1014
- Inspection Authority
- Winnebago County Health (except City of Menasha)
- CO Alarm Required
- Yes (effective April 1, 2010)
- Confirm Occupancy
- 920-232-3000
Summary
Winnebago County does not publish a numeric STR occupancy cap. Maximum guests are set per-property through the Tourist Rooming House license under Wis. Admin. Code ATCP 72, established during the Winnebago County Health Department pre-inspection (920-232-3000).
The Winnebago County Health Department is an agent of the State of Wisconsin for all State required lodging licensing in all of Winnebago County except the City of Menasha. The types of lodging establishments that require licensing per State Code and their definitions are: Tourist Rooming Houses (TRH) : Means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments. Bed and Breakfast (B&B) : Means any place of lodging that provides 8 or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast. Hotel : Means a place where sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all related rooms, buildings and areas. Motel : Means a hotel that furnishes on-premise parking for motor vehicles of guests as part of the room charge, without extra cost, and that is identified as a "motel" rather than a "hotel" at the request of the operator.
Full Breakdown
Wis. Stat. §66.1014 (right-to-rent) bars Wisconsin local governments from outright banning rentals of 7 or more consecutive days but lets them enforce health, safety, and licensing standards. Winnebago County does not impose a separate numeric occupancy cap on STRs. Instead, the Winnebago County Health Department applies ATCP 72 standards during the TRH pre-inspection to set occupancy based on bedroom count, egress windows, smoke and CO alarm placement, and bunk-bed configuration. All lodging in the county must comply with Wisconsin's carbon monoxide alarm requirement, effective for existing buildings April 1, 2010. Cities of Oshkosh and Neenah, and the Village of Fox Crossing, may layer additional zoning-based occupancy or definitional limits inside their corporate limits. Confirm your property's licensed occupancy at 920-232-3000.
Violations & Fines
Exceeding the licensed occupancy can trigger ATCP 72 enforcement, including forfeitures under Wis. Stat. ch. 97 and possible TRH license suspension or revocation by Winnebago County Health.
Frequently Asked Questions
How many guests can stay at a Winnebago County short-term rental?
Can Winnebago County or its towns ban my short-term rental?
Do I need carbon monoxide alarms in my STR?
Sources & Official References
Other rules in Winnebago County
Compare Winnebago County to another location·View the Wisconsin short-term rentals overview
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