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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 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).

These county ordinances apply to unincorporated areas of Winnebago County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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.

Source: Winnebago County – Lodging (TRH Licensing)View official code

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?
There is no county-wide numeric cap. Occupancy is set property-by-property through the Tourist Rooming House license under ATCP 72, based on bedroom count, egress, and life-safety features verified by the Winnebago County Health Department pre-inspection.
Can Winnebago County or its towns ban my short-term rental?
No. Wis. Stat. §66.1014 protects rentals of 7 or more consecutive days from outright bans. The county and municipalities can still enforce TRH licensing, health and safety standards, and may regulate stays shorter than 7 days.
Do I need carbon monoxide alarms in my STR?
Yes. All Wisconsin lodging including TRHs must comply with the state CO alarm requirement, which has applied to existing buildings since April 1, 2010. The Winnebago County Health inspector verifies compliance.

Sources & Official References

Other rules in Winnebago County

All Winnebago County rules

Compare Winnebago County to another location·View the Wisconsin short-term rentals overview

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