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

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

Key Facts

Formula
2 per bedroom + 2
Min First Occupant
70 sq ft
Min Additional
50 sq ft each
State Authority
DATCP Ch. ATCP 72

Summary

Milwaukee STR occupancy follows the state rooming house cap of two guests per bedroom plus two, and overall building occupancy limits set by the Wisconsin Uniform Dwelling Code.

ATCP 72.01 Authority and purpose. This chapter is promulgated under the authority of ss. 97.605 (1) (c) and (d), 97.613, 97.615 (2) (b), 97.62, and 97.625 (1) (b), Stats., for the department and its agents to prescribe rules for a lodging facility and to enforce these rules to protect public health and safety. ATCP 72.02 Scope. This chapter applies to the license holder of any lodging facility and to the department and its agents. ATCP 72.025 Variances. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular lodging facility, the department may approve a variance from that provision requested by that operator if the operator provides the department with satisfactory proof that the approval of the variance will not jeopardize the public's health, safety, or welfare. (1) Procedure for a variance request. (a) Application. A request for modification or waiver of a requirement of this chapter shall be submitted in writing to the department or its agent having jurisdiction along with documentation specified in par. (e). (b) Local review. A local inspector shall review the request and forward it to the department with recommendations for approval or disapproval. (c) Department action on a variance. On receipt of a complete variance request as specified in this section, the department shall review the request and grant or deny the request in writing within 30 business days. A variance approved by the department shall expire 5 years from the date of issuance or for an experimental or trial purpose, a period of time as determined by the department, not to exceed 5 years.

Source: WI ATCP 72 Tourist Rooming HousesView official code

Full Breakdown

Tourist Rooming Houses in Milwaukee are capped by the Wisconsin Department of Agriculture, Trade and Consumer Protection rules and the City licensing code. The standard occupancy formula is two adults per bedroom plus two additional guests, with children under 12 not counted. A two-bedroom STR may host six adult guests. Overall occupancy cannot exceed the square footage standard in the Wisconsin Uniform Dwelling Code, which requires 70 square feet for the first occupant and 50 square feet for each additional occupant per sleeping room.

Frequently Asked Questions

Do children count toward occupancy?
Children under 12 typically do not count toward the occupancy cap in Wisconsin tourist rooming house rules.
Can I host events exceeding occupancy?
Events beyond occupancy require a special event permit and may violate the license terms.

Sources & Official References

Other rules in Milwaukee

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