Milwaukee, WI Single-Use Items: Plastic Bag Rules (2026)
Key Facts
- Local Ordinance
- None. Wisconsin preempts
- Preemption Statute
- Wis. Stat. § 66.0419
- Enacted
- 2015 Wis. Act 302
- Carve-Out
- City may regulate on city-owned property
- Curbside Status
- Bags NOT accepted in recycling carts
Summary
Milwaukee cannot enforce a plastic bag ban or fee. Wis. Stat. § 66.0419 bars any 'political subdivision' from enacting an ordinance regulating, prohibiting, or fee-charging the use, disposition, or sale of auxiliary containers. The statute carves out only a city's own property.
66.0419 Local regulation of auxiliary containers. (1) In this section: (a) "Auxiliary container" means a bag, cup, bottle, can, or other packaging that is designed to be reusable or single-use; that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multi-layer substrates; and that is designed for transporting or protecting merchandise, food, or beverages from a food service or retail facility. (b) "Political subdivision" means a city, village, town, or county. (2) No political subdivision may do any of the following: (a) Enact or enforce an ordinance or adopt or enforce a resolution regulating the use, disposition, or sale of auxiliary containers. (b) Prohibit or restrict auxiliary containers. (c) Impose a fee, charge, or surcharge on auxiliary containers. (3) (a) This section does not limit the authority of a political subdivision in operating a curbside recycling or commercial recycling program or an effective recycling program under s. 287.11 or in designating a recycling location. (b) Subsection (2) (b) and (c) does not apply to the use of auxiliary containers on a property owned by the political subdivision.
Full Breakdown
Wis. ' The statute was enacted by 2015 Wis. Act 302. 0419 became law. Milwaukee Department of Public Works operates the Sanitation Division (curbside recycling, no plastic bags) and the Self-Help Centers (Lincoln, Mitchell, and West Mill Road). 0419 limits.
Violations & Fines
Milwaukee cannot fine retailers or shoppers for bag distribution. Bag-related litter is enforced through Milwaukee Code of Ordinances Chapter 79 (Sanitation) and Wis. Stat. § 287.81 (criminal littering, $10–$500 fine). The city may still regulate plastic bags on city-owned property under the § 66.0419(3)(b) carve-out, such as banning single-use plastics at Milwaukee Park events or in city vendor contracts.
Frequently Asked Questions
Does Milwaukee have a plastic bag ban?
Can Milwaukee ban plastic bags at city facilities?
Where can I recycle plastic bags in Milwaukee?
Sources & Official References
Other rules in Milwaukee
Compare Milwaukee to another location·View the Wisconsin single-use items overview
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