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Fitchburg, WI Short-Term Rentals: Occupancy Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Cap source
License figure vs. ATCP 72, smaller controls
Set by
City clerk on annual license, § 10-285
Verified by
Building inspection department
Violation
Citation per § 10-287(e), daily offense
Revocation lockout
12 months, § 10-288(f)

Summary

Fitchburg, Wisconsin short-term rental licenses issued under City Code § 10-285 must state a maximum occupancy for the rental, and § 10-287(c) makes it unlawful to host more guests than the license allows or than Wisconsin's tourist rooming house rule (ATCP 72) permits, whichever number is smaller.

After the applicant fully complies with section 10-284, the city clerk may either deny the application or grant and issue to applicant a separate license for each applied short-term rental, which shall indicate the maximum occupancy for the short-term rental. ... It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated, or maintained upon any property owned, leased, or controlled by him ... or her a short-term rental which exceeds the maximum occupancy listed in the license or allowed under Fitchburg Ordinances or Wisconsin Administrative Code ATCP Chapter 72, whichever is smaller.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).

Full Breakdown

Fitchburg's short-term rental ordinance does not set one fixed occupancy number for every property; instead § 10-284(b) requires each STR license applicant to state the maximum proposed occupancy of the short-term rental on the application, and § 10-285 provides that the license the city clerk issues shall indicate the maximum occupancy for the short-term rental. That figure is capped by the stricter of two ceilings under § 10-287(c): the number printed on the city license or the occupancy allowed under Fitchburg Ordinances or Wisconsin Administrative Code ATCP Chapter 72, whichever is smaller.

ATCP 72 is the state Department of Agriculture, Trade and Consumer Protection's tourist rooming house rule, which every STR must also comply with under § 10-284(d). The building inspection department verifies compliance at the annual inspection required before a license issues under § 10-284(e), and any occupancy figure on the license can be reduced through the § 10-288 revocation process if the property is later found noncompliant. Because the license, not the code, carries the number, two identically zoned Fitchburg homes can carry different maximum-occupancy figures depending on their size and the inspection findings.

Violations & Fines

Section 10-287(c) makes it unlawful to operate, and § 10-287(d) unlawful to advertise, a short-term rental that exceeds the occupancy listed on its license or the ATCP 72 limit, whichever is smaller. Under § 10-287(e) the building inspector may cite the operator for each violation, with each day a violation continues counted as a separate offense; repeated noncompliance can trigger the § 10-288 license revocation process, which bars a new license for 12 months.

Frequently Asked Questions

Is there one citywide maximum occupancy for short-term rentals in Fitchburg?
No. Section 10-285 requires the city clerk to print a maximum occupancy figure on each individual short-term rental license, set through the application and inspection process rather than a single number fixed in the code.
Can a Fitchburg STR host more guests than the license allows?
No. Section 10-287(c) makes it unlawful to operate a short-term rental that exceeds the occupancy listed in the license or allowed under Wisconsin Administrative Code ATCP Chapter 72, whichever is smaller, and § 10-287(e) lets the building inspector cite each day of violation separately.
What happens if an STR is repeatedly over its occupancy limit?
Under § 10-288, the building inspection department can refer repeated noncompliance to the public safety and human services committee and common council for a revocation hearing, and a revoked operator may not reapply for a new license for 12 months.

Sources & Official References

Other rules in Fitchburg

All Fitchburg rules

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