Abandoned vehicles in West Allis are regulated under state law (Wis. Stat. Β§342.40) and city nuisance ordinances. Inoperable or dismantled vehicles visible from public areas are subject to removal action.
West Allis requires vehicles parked on improved surfaces. Front lawn parking prohibited. Driveway modifications require permits.
Large commercial vehicles are restricted in West Allis residential zones under city zoning code. Contact West Allis Code Enforcement for specific requirements.
Wisconsin does not preempt local breed-specific legislation. Some WI cities have breed bans. WI Stat. Β§174.042 covers dangerous dogs based on behavior.
West Allis requires dogs on leash at all times in public. Maximum 6-foot leash. Dogs must be licensed per WI Stat. section 174. No off-leash areas within city limits.
West Allis prohibits keeping bees or chickens without a permit, and also prohibits fowl, cattle, horses, sheep, swine, goats, ducks, turkeys, geese, and other domesticated livestock without a permit. State law (Wis. Stat. Β§169) governs wild animals.
West Allis allows beekeeping with a permit under its animal fancier permit system. No beekeeping allowed without a permit. State apiarist program (Wis. Stat. Β§93.45) also applies.
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.
West Allis requires building permits for pools, spas, and hot tubs. WI Uniform Dwelling Code governs. Inspections required.
West Allis requires pool barriers to prevent unsupervised child access. Minimum 48-inch height. Self-closing, self-latching gates. WI Stat. Β§145.17.
West Allis enforces pool safety requirements including anti-entrapment drain covers (VGB Act), barriers, and depth markers. WI Stat. Β§145.17 governs.
West Allis regulates accessory buildings under Chapter 19 (Zoning) of the Revised Municipal Code, adopted under the city zoning authority of Wis. Stat. Sec. 62.23. Sec. 19.42 (Residential Accessory Buildings) caps detached accessory structures at 50% of the principal building area, not to exceed 800 square feet, with a maximum exterior wall height of 20 feet. Setback minimums include 10 feet from the principal building, 3 feet from side lot lines, and 3-5 feet from rear lot lines depending on alley adjacency. The West Allis Zoning Code does not establish a separate by-right accessory dwelling unit (ADU) class in the manner of cities like Appleton; a habitable second dwelling unit on a single-family lot generally requires zoning interpretation by the Planning and Zoning Department.
Sheds in West Allis are 'Other Accessory Buildings' under Section 19.42 of the West Allis Zoning Code. They are limited to 300 square feet, 15 feet in height, must sit at least 3 feet from any side or rear lot line (5 feet if the rear abuts an alley), at least 10 feet from the principal dwelling, and at least 60 feet from the front lot line.
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.
Short-term rental guests in West Allis must follow citywide on-street parking rules. West Allis prohibits on-street parking from 3:00 a.m. to 6:00 a.m. without a permit. Tourist rooming houses must be licensed annually through the West Allis Health Department and must satisfy the off-street parking required for the underlying residential use under the West Allis Zoning Code.
Short-term rentals in West Allis must follow Section 7.035 of the West Allis Revised Municipal Code. The ordinance defines 'night' as 10:00 p.m. to 6:59 a.m. and 'day' as 7:00 a.m. to 9:59 p.m. Sound reproduction devices may not be plainly audible across a property line at night, and must not be plainly audible 150 feet beyond the property line during the day.
West Allis STR operators must collect Wisconsin 5% state sales tax, Milwaukee County 0.9% tax (eff. Jan 1, 2024), and applicable room taxes under Wis. Stat. Β§66.0615.
West Allis requires a Tourist Rooming House permit administered through the West Allis Health Department. Annual inspection required. State DATCP TRH license ($110/year + $300 one-time inspection) also required.
Milwaukee County does not regulate STR occupancy. The county is fully incorporated into 19 cities and villages; STR occupancy is set by the host municipality plus the state DATCP Tourist Rooming House license under Wis. Admin. Code ATCP 72, which caps capacity at the bedroom count and approved sleeping areas. Wis. Stat. 66.1014 preempts municipalities from prohibiting rentals of 7 days or longer.
West Allis caps residential fences at 6 feet in side and rear yards, prohibits fences in the required front yard, and limits fences inside the corner-lot vision triangle to 3 feet. Fence permits are not required citywide, but the standards in Revised Municipal Code Β§13.31 (Fences and Site Obstructions) and the underlying zoning ordinance must still be met.
West Allis requires the finished side of fences face neighbors. Shared boundary fences follow WI line fence statute. Disputes handled through city mediation or town supervisor process.
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.
West Allis regulates amplified music under the noise ordinance. Wisconsin State Fair Park events operate under separate state permits. Residential areas near the fairgrounds have heightened enforcement during fair season.
West Allis regulates noise and vibration under Municipal Code Β§7.035. The West Allis Health Department is the primary enforcement agency; Police Department may also enforce. Noise is measured in dB(A) using slow exponential time weighting.
Animal noise in West Allis falls under the general noise ordinance Β§7.035 and the city's animal ordinances. Persistent barking disturbing neighbors is subject to citation. Animal Control handles dogs running loose; Health Dept. handles noise complaints.
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.
West Allis fireworks are regulated under Fire Prevention Code Β§5.10, which incorporates Β§6.03(8) of the Revised Municipal Code. Permitted fireworks displays under Wis. Stat. Β§167.10 are exempt from noise ordinance restrictions.
West Allis allows only fully enclosed fire pit devices with a metal hood and screen. Must be at least 10 feet from any dwelling, garage, or accessory structure. Not permitted on porches or decks. Use prohibited after 11 PM.
Wisconsin requires a DNR burning permit for most outdoor debris burning in DNR Protection Areas under Wis. Stat. Β§ 26.12 and Wis. Admin. Code NR 30, with statewide bans during high fire danger.
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. Β§ 26.11 where the agency holds primary wildfire suppression authority and enforces stricter ignition rules during elevated fire danger.
West Allis 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.
West Allis enforces maximum grass and weed height, typically 8 to 12 inches. Overgrown properties subject to code compliance action and city abatement.
Wisconsin Statute 66.0407 universally requires every property owner to destroy noxious weeds, including Canada thistle, leafy spurge, and field bindweed, on their land. Municipalities may add additional weeds by ordinance, but the destruction duty applies statewide.
The City of West Allis participates in the National Flood Insurance Program (NFIP) and regulates floodplain development in conformance with Wis. Stat. Sec. 87.30 and Wisconsin Administrative Code Chapter NR 116, plus 44 CFR Parts 59-72. Honey Creek (a tributary of the Menomonee River) and the Kinnickinnic River watershed run through the city and are the principal regulated waterways. The city maintains a public Flooding Tracker GIS service that shows the FEMA 100-year floodplain and floodlines for West Allis. Development in mapped Special Flood Hazard Areas requires zoning approval; new residential structures are prohibited in the regulatory floodway, and habitable space in the flood fringe must be elevated to the flood protection elevation.
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 Β§ 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. Β§ 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.