Fitchburg, WI Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Operator definition
- Owner/lessee living there, not a corporation
- 183-day test
- Wisconsin residence definition, § 10-241
- Affidavit
- Notarized, required § 10-284(g)
- Excluded operators
- LLC, trust, non-profit, corporate entity
Summary
Fitchburg, Wisconsin only lets a property's actual live-in owner or lessee run it as a licensed short-term rental. City Code § 10-284(b) and (g) require the application to state, and a notarized affidavit to confirm, that the rental is the operator's primary residence, and § 10-241 defines 'operator' to exclude any LLC, trust, non-profit, or other corporate entity.
Operator means a person who is the owner or lessee of property being used as both a short-term rental and their primary residence and who is conducting the short-term rental business by, among other things, interacting digitally and in person with guests and is identified in short-term listings and advertisements as the short-term rental "host." An operator may not be a LLC, trust, non-profit, or other corporate entity. ... Primary residence means a dwelling unit that serves as an individual's true, fixed and permanent home for at least 183 days in a calendar year and to which, whenever absent therefrom, that individual intends to return. ... (g)Each application shall be accompanied by a signed and notarized affidavit stipulating that the short-term rental is the operator's primary residence.
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 builds owner-occupancy directly into who may hold a short-term rental license. Section 10-241 defines operator as a person who is the owner or lessee of property being used as both a short-term rental and their primary residence, who personally interacts with guests and is named as the host in listings, adding that an operator may not be a LLC, trust, non-profit, or other corporate entity. The same section defines primary residence as a dwelling that serves as the individual's true, fixed and permanent home for at least 183 days in a calendar year, pointing to mail delivery, voter registration, utility bills, and state ID address as evidence, and specifying that an individual can have only one primary residence.
The license application itself must include, under § 10-284(b), a statement that the proposed short-term rental is the primary residence of the operator, and under § 10-284(g), a signed and notarized affidavit stipulating that the short-term rental is the operator's primary residence. Section 10-284(h) bars the city clerk from issuing any license unless every one of those application requirements, including the affidavit, is satisfied, which forecloses corporate or absentee-owner short-term rental operations within city limits.
Violations & Fines
No license may issue under § 10-284(h) without the notarized primary-residence affidavit required by § 10-284(g); a false affidavit or a change that makes the rental no longer the operator's primary residence exposes the license to the § 10-288 revocation process, and operating a short-term rental without the resulting license is separately unlawful under § 10-287(a), enforceable by building-inspector citation for each day of continued violation.
Frequently Asked Questions
Can a company or LLC operate a short-term rental in Fitchburg?
How does Fitchburg prove a short-term rental is the operator's primary residence?
What counts as a primary residence under Fitchburg's ordinance?
Sources & Official References
Other rules in Fitchburg
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