Overview: Are Short-Term Rentals Allowed?

Yes, short-term rentals (STRs) are allowed in Fond du Lac, Wisconsin, provided the operator complies with city, county, and state regulations. The legal landscape is a layered framework: local zoning ordinances govern where an STR can operate, the Fond du Lac County Health Department regulates lodging safety through inspections and licensing, and state statutes provide baseline requirements for tourist rooming houses. Investors must obtain the appropriate permits, undergo health inspections, and adhere to strict operational guidelines, including a 180-day annual rental cap and a 5% room tax. Compliance is mandatory for legal operation.

How to Start a Short-Term Rental Business

The path to launching a compliant STR involves several critical steps, each managed by a different authority.

1. Pre-Application Planning & Zoning Verification: Before purchasing or committing to a property, confirm it is located in a zoning district that permits lodging uses. Contact the Town of Fond du Lac Building & Zoning Inspector (see Contact Information below) to verify the property's zoning and discuss your STR plans. Do not skip this step, as proceeding without proper zoning approval is a common and costly mistake.

2. Obtain Required Permits and Licenses: This is a multi-step process involving both the county and the town.

   • County Health Department License: Submit the "Lodging, Recreational Facility and Body Art Application" to the Fond du Lac County Health Department. The application triggers a plan review and a mandatory pre-inspection. Crucially, you cannot operate until you pass this inspection and receive your license.
   • Town of Fond du Lac Agreement/Permit: Execute the official "Short-Term Rental Agreement" with the Town of Fond du Lac. This agreement binds you to local ordinances, including the 180-day cap. The agreement references "Ordinance Title 7, Licensing and Regulation, Chapter 11" for the full legal details.

3. State-Level Compliance: Obtain a Wisconsin State Tourist Rooming House permit from the Department of Agriculture, Trade and Consumer Protection (DATCP). This is a state-level requirement that complements the local health department license.

4. Set Up Tax Collection and Remittance: Implement a system to collect the required 5% room tax from guests. You will be responsible for remitting this tax to the city. Ensure you have the appropriate sales tax permits from the state.

Required Documents, Permits, Licenses, and Guidelines

| Requirement | Issuing Authority | Purpose | Notes | | :--- | :--- | :--- | :--- | | Lodging License Application | Fond du Lac County Health Department | Grants permission to operate a lodging facility after passing health inspection. | Must be completed 30 days prior to planned opening. See application link in the "Lodging, Recreational Facility and Body Art Application" section of the Health Dept. page. | | Plan Review Checklist | Fond du Lac County Health Department | Ensures the establishment complies with state and local health, safety, and zoning regulations before inspection. | Required as part of the licensing process. | | Short-Term Rental Agreement | Town of Fond du Lac | Formalizes the operator's agreement to comply with local ordinances, including rental limits. | Must be executed before operation. See "Short-Term Rental Agreement" link on the Forms & Permits page. | | Wisconsin Tourist Rooming House Permit | State of Wisconsin (DATCP) | Establishes the property as a legal tourist rooming house at the state level. | A fundamental state-level requirement for any STR. (Referenced in Steadily article; consult DATCP for current process). | | Sales and Use Tax Permit | State of Wisconsin | Authorizes collection of sales and room taxes from guests. | Essential for tax compliance. (Referenced in Steadily article). |

Specific Regulations for Short-Term Rentals

The following rules are specific to Fond du Lac, its county, or the state of Wisconsin.

Fond du Lac (City/County) & Town of Fond du Lac:

• Annual Rental Day Limit: Properties cannot be rented short-term for more than 180 days per year. This is a strict cap.
• Zoning Compliance: STRs are not a permitted use in all zones. Zoning laws restrict operation to certain residential and commercial districts. Always verify zoning with the Building & Zoning Inspector before proceeding.
• 5% Room Tax: Operators must collect a 5% room tax from guests and remit it to the city.
• Health Inspections: The County Health Department inspects lodging facilities for safety, sanitation, and compliance with health codes. A pre-inspection is mandatory, and licenses must be renewed annually (expiring June 30th).
• Operational Limitations: The property must be maintained as a safe, sanitary dwelling. Violations can result in fines and license revocation.

State of Wisconsin:

• Tourist Rooming House Definition: State law defines a "tourist rooming house" as a place where lodging is offered to tourists or transients for compensation. This legal definition subjects STRs to state regulation.
• Subchapter II (Wis. Stat. § 97.01(13)): Governs licensing, inspections, and standards for tourist rooming houses.
• Restrictive Covenants: State law, as interpreted by courts (e.g., Forshee v. Neuschwander), means that private restrictive covenants (e.g., in a homeowners association agreement) that prohibit "commercial activity" may not automatically ban short-term rentals if they are deemed residential in nature. However, investors must review their specific covenants carefully, as HOA rules can be a powerful additional layer of regulation. (Referenced in Steadily article).

Note: The 180-day limit and room tax are specific to the Fond du Lac area as described in the provided content. Other municipalities in Wisconsin may have different rules. The state's tourist rooming house statutes apply universally.

Contact Information for Local Authorities

Fond du Lac County Health Department (Licensing & Inspections)

• Phone: (920) 929-3085
• Email: health@fdlco.wi.gov
• Office: City/County Government Center, 3rd Floor, 160 S. Macy Street, Fond du Lac, WI 54935
• Website: https://www.fdlco.wi.gov/departments/departments-f-m/health-department/inspection-department

Town of Fond du Lac (Permits & Zoning)

• Building & Zoning Inspector: Doug Hoerth
  • Phone: (920) 375-0723
  • Email: [email protected]
• Permit Office: Town Hall, W5990 W Pioneer Road, Fond du Lac, WI 54935

State of Wisconsin

• Department of Agriculture, Trade and Consumer Protection (DATCP): For state-level tourist rooming house permits and regulations.
  • Website: datcp.wi.gov/Pages/Homepage.aspx

Links to Source Pages

The following links were used in compiling this guide. Investors are strongly advised to consult the primary sources directly for the most current information and to access necessary forms and applications.

1. Go Summer (SummerOS) - Fond du Lac STR Overview: www.gosummer.com/vacation-rental-management/fond-du-lac-wisconsin
2. Town of Fond du Lac - Short-Term Rental Agreement: storage.googleapis.com/juniper-media-library/344/2025/09/Short-Term-Rental-Agreement.pdf
3. Town of Fond du Lac - Forms & Permits (with links to the Agreement and Licensing Ordinances): townoffdl.com/forms-permits/
4. Fond du Lac County Health Department - Inspection Department: www.fdlco.wi.gov/departments/departments-f-m/health-department/inspection-department
5. Steadily - Wisconsin STR Laws Overview: www.steadily.com/blog/airbnb-short-term-rental-laws-and-regulations-in-wisconsin