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

Because Milwaukee County contains no unincorporated territory, the county has no zoning authority over residential dwellings and imposes no STR-specific occupancy ordinance. Maximum guest capacity is set by three layered authorities. First, the state DATCP Tourist Rooming House license issued under Wis. Stat. 97.605 and Wis. Admin. Code ATCP 72 lists the maximum number of approved sleeping rooms and total occupants on the license certificate; ATCP 72.05 and 72.06 require minimum room sizes and one bed per approved guest. Second, the Wisconsin Uniform Dwelling Code (Wis. Admin. Code SPS 320 to 325) and the State Commercial Building Code (SPS 361 to 366), as adopted by the host city or village, set life-safety and habitable-room standards that effectively cap capacity. Third, each Milwaukee County municipality applies its own zoning and STR ordinance: the City of Milwaukee, for example, defines tourist rooming houses with bedroom-based occupancy limits under MCO Chapter 200 and 275, while suburbs such as Wauwatosa, West Allis, and Glendale apply their own caps. Wis. Stat. 66.1014 prevents any of these municipalities from prohibiting rentals of 7 consecutive days or longer, but allows reasonable health, safety, and zoning regulation including occupancy limits tied to bedroom count. Confirm exact occupancy figures with the host municipality and the DATCP license certificate for the property.