Wauwatosa STR operators collect Wisconsin 5% state sales tax, Milwaukee County 0.9% tax (eff. Jan 1, 2024), and applicable room taxes. Wisconsin room tax (Wis. Stat. §66.0615) applies in Wauwatosa.
Wauwatosa STRs licensed under Municipal Code Section 8.62 must comply with the city's general noise ordinance in Chapter 7.46. Section 7.46.010 prohibits any noise that unreasonably disturbs neighbors, applied under a reasonable-person standard rather than a fixed decibel level. Lawn equipment and amplified noise that carries off the property are common complaint triggers.
Wauwatosa's STR ordinance (Section 8.62) does not impose a separate parking ratio for short-term rentals. Guests must follow the same parking rules as any resident under Title 24 zoning and Title 10 traffic, including no overnight on-street parking between 2:00 a.m. and 6:00 a.m. without a permit and no parking on lawns or unpaved surfaces.
Abandoned vehicles in Wauwatosa are regulated under state law (Wis. Stat. §342.40) and city nuisance ordinances. Inoperable or unlicensed vehicles visible from public areas may be reported for removal.
Large commercial vehicles are generally restricted in residential zones in Wauwatosa. Parking on unpaved surfaces is prohibited. Contact Wauwatosa Zoning for specific restrictions.
Wauwatosa requires vehicles parked on improved surfaces. Front lawn parking prohibited. Driveway modifications require permits.
Wauwatosa street parking follows local signage and Wisconsin traffic law. No city-wide overnight parking ban unless posted. Snow emergency restrictions apply on designated snow emergency routes.
RV and boat storage in Wauwatosa residential areas is regulated by city zoning. Generally one RV permitted on a residential lot with setback requirements. Front yard storage restrictions apply.
Wauwatosa Municipal Code Chapter 15.28 caps residential fences at roughly 4.5 feet in side and rear yards without a permit, allows up to 6 feet in rear yards not abutting a street, and limits front-yard fences to 3 feet with a permit. Chain link is barred in front yards and barbed wire is prohibited in residential districts.
WI Stat. §90.02 to 90.14 provides line fence cost-sharing for rural/agricultural land. Urban residential fences: each owner responsible for their own.
Wisconsin enforces uniform pool barrier requirements through the Department of Safety and Professional Services. SPS 390 governs public pools and the Uniform Dwelling Code addresses residential pool fencing, preempting inconsistent local building standards for one and two-family dwellings.
Wauwatosa allows residential sheds with a 1.5-foot minimum side and rear setback (5 feet from an alley) under Title 24 zoning. Sheds 100 square feet or smaller are exempt from a building permit but still must meet zoning setbacks. Maximum height is 16 feet, and total accessory building coverage cannot exceed 12 percent of the lot.
Wauwatosa allows accessory dwelling units (ADUs) under Title 24 (Zoning Code) of the Wauwatosa Municipal Code. The original ADU ordinance was adopted by the Common Council in 2019. ADUs may be detached structures, additions to a home or garage, or conversions of an existing portion of a home or garage. Properties must be in eligible residential zoning districts. Beginning in 2025, the City offers a limited number of $25,000 forgivable loans to qualifying homeowners building ADUs. Zoning approval and a building permit are required, administered by the Planning Division and the Building Safety Department.
Wisconsin's Uniform Dwelling Code (Wis. Stat. ch. 101 and SPS 320-325) sets statewide construction standards for one- and two-family dwellings, including tiny homes built as permanent dwellings. Local governments cannot impose stricter building code standards than the UDC.
Wauwatosa Municipal Code Chapter 7.46 (Noise) within Title 7 prohibits unreasonably loud, disturbing noise that injures the health, peace, or comfort of others, backstopped by Wisconsin Statute 947.01 disorderly conduct for boisterous or unreasonably loud conduct. Commercial refuse collection is barred within 200 feet of residential zones between 9:00 PM and 7:00 AM.
Wauwatosa requires pets to be confined by leash, pen, or fence on owner's property. Persistent barking is a nuisance violation under Ch. 7.46. Residents may file an Animal Nuisance Report. Non-emergency police: (414) 471-8430.
Aircraft noise in Wisconsin is overwhelmingly governed by federal aviation law. The FAA preempts state and local noise regulation of aircraft in flight, while Wisconsin Statute Chapter 114 governs aeronautics and limits municipal authority over airspace and airport operations.
Wauwatosa requires building permits for all in-ground and above-ground pools over 24 inches deep. Electrical and plumbing inspections required. Must comply with WI Uniform Dwelling Code.
Wauwatosa requires pool barriers to prevent unsupervised child access. Minimum 48-inch height. Self-closing, self-latching gates. WI Stat. §145.17.
Wauwatosa enforces pool safety requirements including anti-entrapment drain covers (VGB Act), barriers, and depth markers. WI Stat. §145.17 governs.
Outdoor burning in Wauwatosa is restricted. Recreational fires in enclosed containers are generally permitted. Burning of yard waste or refuse is prohibited. Wisconsin DNR NR 101 also applies to open burning.
Wauwatosa bans all fireworks without a permit under Ordinance 14.32.030, including sparklers, caps, and snakes. Permits are only issued by the Common Council for organized festivals or celebrations (Ord. 14.32.040). Fine up to $1,000.
Fire pits in Wauwatosa are permitted if enclosed and used for recreational fires. Burning must be supervised and contained. Wood is the permitted fuel; no refuse or yard waste.
Wisconsin uniformly regulates propane storage, installation, and handling under Wis. Admin. Code SPS 340, adopting NFPA 58 statewide and preempting inconsistent local rules through state building and fuel gas codes.
Wisconsin DNR designates statewide Fire Protection Areas under Wis. Stat. § 26.11 where the agency holds primary wildfire suppression authority and enforces stricter ignition rules during elevated fire danger.
Wauwatosa allows 2 hives of honey bees in residential districts under §9.04.070–080 with an annual permit. Written neighbor consent and site plan required. Annual inspection required. Standards cover flyway barriers, hive location, and setbacks.
Wauwatosa prohibits keeping livestock, swine, goats, ducks, turkeys, geese, and other domesticated livestock without a permit. Some exotic pets may be allowed with permits. State law under Wis. Stat. §169 also applies.
Wisconsin does not preempt local breed-specific legislation. Some WI cities have breed bans. WI Stat. §174.042 covers dangerous dogs based on behavior.
Wauwatosa requires dogs on leash in public. Off-leash in designated parks only. Dog licensing required statewide under WI Stat. §174.
Wisconsin Statute Chapter 951 prohibits animal cruelty and neglect statewide, applying uniformly to hoarding situations. Local ordinances may supplement but cannot weaken state standards for animal treatment and confinement.
Wisconsin's right-to-farm law (Wis. Stat. 823.08) and Livestock Facility Siting Law (Wis. Stat. 93.90) limit municipal authority to restrict agricultural operations and standardize permitting for livestock facilities statewide.
Wisconsin prohibits feeding and baiting deer and elk in counties with chronic wasting disease (CWD) under Wis. Stat. 29.614. The Department of Natural Resources enforces these restrictions uniformly across affected counties.
Wauwatosa enforces maximum grass and weed height, typically 8 to 12 inches. Overgrown properties subject to code compliance action and city abatement.
Wauwatosa enforces weed abatement under WI Stat. §66.0407. WI DNR NR 40 governs invasive species. County enforcement also applies.
Wauwatosa allows home occupations as accessory use in residential zones. Home occupation permit required. WI cottage food law applies for home bakers.
Wisconsin allows home producers to sell certain non-hazardous foods directly to consumers without a license under the Pickle Bill and baked-goods rulings. State law sets uniform sales caps, labeling, and product limits.
Wisconsin requires state licensing or certification for any home caring for four or more unrelated children. The Department of Children and Families administers uniform standards that preempt conflicting local rules.
Wauwatosa participates in the National Flood Insurance Program (NFIP) and enforces a Floodplain Ordinance that meets FEMA and Wisconsin DNR minimum standards under Wis. Stat. Sec. 87.30 and Wis. Admin. Code Chapter NR 116. The principal regulated waterways are the Menomonee River and Honey Creek, an 8.7-mile tributary that flows through Greenfield, Milwaukee, West Allis, and Wauwatosa. The currently effective Milwaukee County FEMA Flood Insurance Study and FIRM panels became effective September 26, 2008. FEMA issued a Conditional Letter of Map Revision (CLOMR) in April 2022 reflecting MMSD's County Grounds detention basins, the Hart Park floodwall, and other improvements. Any development inside the mapped 1% annual chance (100-year) floodplain requires a Floodplain Development Permit before construction.
Wisconsin's NR 115 sets minimum shoreland zoning standards along navigable waters, and the Public Trust Doctrine protects Great Lakes shores. Counties must adopt rules at least as strict as NR 115 statewide.
Wisconsin requires erosion control practices on construction sites under NR 151 and SPS 321. State standards apply uniformly, and one- and two-family dwelling sites follow Department of Safety and Professional Services rules.
Wisconsin's NR 151 sets statewide performance standards for construction site and post-construction stormwater runoff. DNR administers WPDES permits, and local programs must meet or exceed state minimums.
Wisconsin Administrative Code NR 115 sets uniform impervious surface coverage limits for shoreland properties statewide. Counties must adopt these standards, typically capping coverage at 15 percent, with mitigation allowing up to 30 percent in certain circumstances.
Wisconsin Statute § 59.692 and Wisconsin Administrative Code NR 115 establish uniform statewide shoreland zoning standards including setback requirements from navigable waters. Counties must adopt these minimum standards, and municipalities cannot impose more restrictive shoreland setbacks.
Wisconsin's Uniform Dwelling Code (UDC) under Wis. Stat. § 101.65 sets statewide construction standards for one and two-family dwellings. While zoning height limits remain local, structural standards including height-related requirements are uniform and preempt conflicting municipal building codes.
Wisconsin has no legal recreational or medical marijuana dispensary program. State law prohibits cannabis sales, so no municipality can authorize dispensary operations through zoning ordinances.
Wisconsin prohibits all marijuana cultivation, including for personal use. Growing any cannabis plant is a felony under state controlled substances law. No municipality may authorize home cultivation.
Wisconsin commercial drone operators follow FAA Part 107 and state preemption under Wis. Stat. 114.045. Local governments cannot impose competing flight rules, though state privacy and surveillance statutes apply.
Wisconsin Statute 114.045 preempts most local drone regulation, reserving authority to the state and FAA. Recreational pilots must follow federal Part 107 hobbyist rules and Wisconsin's drone-privacy criminal statute.
Wisconsin Statute 104.001 expressly preempts cities, villages, towns, and counties from establishing a minimum wage higher than the state minimum, ensuring uniform wage rules across Wisconsin.
Wisconsin Statute 103.10 and 104.001 preempt local paid sick leave ordinances, blocking cities and counties from requiring private employers to provide paid time off beyond state and federal mandates.
Wisconsin preempts local predictive scheduling and fair workweek ordinances under Wis. Stat. 103.007, ensuring statewide uniformity for employer scheduling practices and forbidding municipal advance-notice mandates.
Wisconsin issues shall-issue concealed weapon licenses to qualified residents age 21+ who complete training, pass a background check, and pay required fees, with statewide preemption preventing local rules.
Wisconsin Statute 66.0409 broadly preempts local firearm regulation, barring cities, villages, towns, and counties from enacting ordinances stricter than state law on possession, transportation, sale, or registration of firearms and ammunition.
Wisconsin permits adults at least 18 who are not prohibited persons to openly carry firearms in public without a permit, with statewide preemption blocking local restrictions on lawful open carry.
Wisconsin Statute 941.23 makes carrying a concealed handgun in a vehicle without a CCW license a misdemeanor, while open carry and licensed concealed carry inside vehicles are lawful statewide subject to limited prohibited zones.
Wisconsin Statute 66.0104 and Act 317 prevent municipalities from limiting landlord-tenant relationships beyond state law, including any local just-cause eviction requirement. Eviction grounds and procedures are governed exclusively by Wis. Stat. ch. 704 and ATCP 134.
Wisconsin Statute 66.1015 expressly prohibits any city, village, town, or county from regulating the amount of rent or fees charged for residential rental units. The preemption is total, with narrow exceptions for government-owned housing and voluntary agreements.
Wisconsin Statute 66.0104 limits how cities can require rental property registration and inspection. Programs must target districts with documented blight or code issues, and inspection fees are capped between roughly $75 and $150 depending on inspection type.
Wisconsin's Working Lands Initiative under Statute 91 establishes farmland preservation zoning districts, certifies county and local plans, and offers income tax credits to farmers in certified agricultural enterprise areas.
Wisconsin Statute 823.08 protects established agricultural operations from nuisance lawsuits by neighbors, requiring courts to dismiss claims unless the farm substantially threatens public health or safety.
Wisconsin Statute 66.0419, enacted by 2015 Act 17, preempts cities, villages, towns, and counties from regulating, banning, or imposing fees on auxiliary containers including plastic bags, cups, and bottles.
Wisconsin's auxiliary container preemption law in Statute 66.0419 prevents municipalities from banning or restricting expanded polystyrene foam takeout containers, leaving any restriction to state legislation.
Wisconsin Statute 66.0419 preempts cities and counties from regulating plastic straws, stirrers, and similar single-use items, and the state has not adopted a statewide straw-on-request rule.
Wisconsin Statute 66.0401 applies to homeowners associations and condo associations, preempting deed restrictions and covenants that prohibit or significantly impair solar energy systems on owner property.
Wisconsin Statute 66.0401 broadly preempts municipalities and counties from restricting solar and wind energy systems unless restrictions serve specific public health, safety, or aesthetic exceptions defined by state law.
Wisconsin Statute 134.66 prohibits selling, giving, or furnishing cigarettes, tobacco, or vapor products to any person under 21 years of age and requires retailers to verify age via valid ID before sale.
Wisconsin has not enacted a statewide ban on flavored tobacco or vapor products; sales of menthol cigarettes and flavored e-cigarettes remain lawful under Wis. Stat. 134.66 subject to age and licensing rules.
Wisconsin regulates electronic vaping devices under its tobacco statutes, requiring retailer licenses, age-verification, and excise taxes on vapor products, with state law preempting most local retail rules under 134.66.