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Waukesha County, WI Short-Term Rentals: Primary-Residence-Only Rule (2026)

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

Key Facts

County primary-residence rule
None
Right to rent
Wis. Stat. 66.1014
7+ day rentals
Cannot be prohibited
6-30 day cap floor
No fewer than 180 days
Local authority
Licensing, not outright ban

Summary

Waukesha County has no countywide primary-residence-only STR rule. Under Wis. Stat. 66.1014, a municipality may not prohibit renting a residential dwelling for 7 consecutive days or longer, which limits how far a local primary-residence requirement can go.

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

"Residential dwelling" means any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by 2 or more persons maintaining a common household.

Full Breakdown

Wisconsin's "right to rent" law, Wis. Stat. 66.1014, protects a property owner's ability to rent a residential dwelling for 7 consecutive days or longer, and Waukesha County imposes no countywide requirement that an STR be the owner's primary residence. A city or village may adopt reasonable licensing and standards, but cannot use a primary-residence rule to effectively ban qualifying rentals. For rentals of 6 to 30 days, a municipality may cap total rental days at no fewer than 180 per year. Investors and second-home owners around Pewaukee, Nagawicka and Okauchee lakes rely on this protection.

Violations & Fines

If a local rule is applied as a de facto ban on 7+ day rentals, it can be challenged as conflicting with Wis. Stat. 66.1014; ordinary licensing violations draw municipal fines.

Frequently Asked Questions

Must my STR be my primary residence in Waukesha County?
No countywide rule requires it. State law protects renting a residential dwelling for 7 days or longer, so a strict primary-residence ban would conflict with Wis. Stat. 66.1014.
Can I run an STR at a second home on a lake?
Generally yes. Second-home and investment rentals of 7+ days are protected statewide, subject to DATCP licensing and any lawful local standards.

Sources & Official References

Other rules in Waukesha County

All Waukesha County rules

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

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Primary-Residence-Only Rule in Cities Across Waukesha County