Overview: Are Short-Term Rentals Allowed in Oshkosh, WI?

Yes, short-term rentals are explicitly allowed in Oshkosh, Wisconsin with proper licensing and permits. The City of Oshkosh has established a comprehensive regulatory framework that permits short-term rentals while ensuring compliance with health, safety, and community standards.

Under Wisconsin state law and City of Oshkosh ordinances, short-term rentals are defined as residential dwelling units offered for rent for fewer than 29 consecutive days. Property owners must obtain multiple permits and licenses from state, county, and city authorities to operate legally.

How to Start a Short-Term Rental Business in Oshkosh, WI

Step-by-Step Process:

1. Pre-Application Preparation

   • Verify property zoning allows short-term rentals
   • Confirm property meets minimum safety and health standards
   • Obtain liability insurance coverage
   • Prepare required documentation

2. State-Level Licensing

   • Apply for Wisconsin Tourist Rooming House License from DATCP
   • Obtain Wisconsin Seller's Permit from Department of Revenue

3. County Health Requirements

   • Schedule inspection with Winnebago County Health Department
   • Obtain Tourist Rooming House License or Bed and Breakfast License

4. City Applications

   • Apply for Short-Term Rental Permit from Department of Community Development
   • Obtain Room Tax Permit from Finance Department
   • Complete annual renewal process

5. Ongoing Compliance

   • Submit monthly room tax reports
   • Maintain current licenses and permits
   • Comply with all operational requirements

Required Documents, Permits, Licenses, and Guidelines

State-Level Requirements:

Wisconsin Tourist Rooming House License (TRH)

• Required for properties with 1-4 rooms
• Annual license fee: $110
• Pre-inspection fee: $300
• Valid from July 1 to June 30
• Issued by Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)

Wisconsin Seller's Permit

• Required unless listing exclusively on Airbnb/Vrbo
• Issued by Wisconsin Department of Revenue
• Required for collecting and remitting sales tax

County-Level Requirements:

Winnebago County Tourist Rooming House License

• Issued by Winnebago County Health Department
• Requires health inspection
• Must be current and valid for city permit approval

City of Oshkosh Requirements:

Short-Term Rental License

• Issued by Department of Community Development
• Annual license valid for one year
• Application fee established by resolution (contact city for current fees)
• Requires all other permits and licenses in place before issuance

Room Tax Permit

• Issued by Finance Department
• Required for collecting and remitting 10% room tax
• Monthly reporting mandatory

Required Documentation:

For City Application:

• Winnebago County Tourist Rooming House License or Bed and Breakfast License
• Copy of completed State Lodging Establishment Inspection form (within one year)
• Wisconsin Seller's Permit (if applicable)
• Designation of Resident Agent (if applicable)
• Certification of property compliance with Article requirements
• Application fee payment
• Property owner information and contact details
• Maximum occupancy determination
• License term specification
• State lodging license number (if applicable)

For State DATCP License:

• Application form
• Property information and floor plans
• Health inspection report
• Proof of ownership
• Federal EIN or SSN/ITIN
• Liability insurance proof
• Site plan showing parking
• Fire inspection report (if required)

Specific Regulations for Short-Term Rentals

City of Oshkosh Municipal Code Requirements (Chapter 8-1.2):

Operational Limits:

• Maximum 180 rental days per 365-day period
• Must obtain license for rentals exceeding 16 days per year
• State requirements apply for rentals exceeding 10 days per year

Property Standards:

• Minimum 1 bathroom per 6 occupants
• Minimum 150 sq ft for first occupant + 100 sq ft for each additional occupant
• Maximum occupancy: 2 people per bedroom without separate enclosed bedroom
• Minimum 1 on-site off-street parking space per 4 occupants
• Safe, unobstructed means of egress required

Safety Requirements:

• Functional smoke detectors and carbon monoxide detectors (per Chapter SPS 362)
• No accessible wood burning fireplace unless certified compliant within 30 days
• No hibachi, gas-fired grill, charcoal grill on balconies, decks, or within 10 feet of structures

Operational Restrictions:

• No vehicular traffic exceeding normal residential levels
• No excessive noise, fumes, glare, or vibrations
• No signage exceeding Building Management Identification Sign allowances
• No on-site advertising; off-site advertising permitted only after all permits obtained
• No recreational vehicles, campers, tents, or temporary lodging arrangements on site
• Outdoor events limited to one day between 8:00 AM and 10:00 PM
• Compliance with all noise regulations required

Management Requirements:

• Must be operated by Property Owner or Resident Agent
• Resident Agent authorized to accept service of process and allow property inspections
• Agent must be designated in application and updated immediately upon changes

Display Requirements:

• License must be displayed on inside of main entrance door

County-Level Regulations:

Winnebago County Health Department Requirements:

• Annual health inspection mandatory
• Compliance with Wisconsin Administrative Code requirements
• Tourist Rooming House License required for operations

State-Level Regulations (Wisconsin):

State Definition:

• Short-term rental: residential dwelling unit rented for fewer than 29 consecutive days
• Subject to Wisconsin Statutes Section 66.0615
• State allows local regulation but prohibits limits below 180 days per 365-day period

State Licensing:

• Tourist Rooming House License required for 1-4 room properties
• Hotel license required for properties with 5+ rooms
• Annual renewal required (July 1 - June 30)

Room Tax Requirements

City of Oshkosh Room Tax:

• 10% tax on gross lodging sales
• Used to support tourism, Oshkosh Convention and Visitors Bureau, and Convention Center
• Pass-through tax collected from guests
• Must be included in advertised rates or collected separately
• Monthly reporting required even if using online platform collection

Sales Tax:

• 5% state sales tax applies
• Additional local sales taxes may apply
• Must be considered in nightly rate calculations

Tax Collection Methods:

• Include in advertised rate (e.g., $100 rental = $110 advertised rate)
• Collect separately from guest
• Online platform collection (Airbnb/Vrbo) possible but host remains responsible

Exemptions:

• Stays over 30 consecutive days
• Governmental purposes (requires tax-exempt letter maintained for 3 years)
• Food, vending, laundry, and other non-lodging services

Reporting Requirements:

• Monthly Room Tax Report mandatory
• Must include all rentals, including those through online platforms
• Keep detailed records for minimum 3 years
• File even if online platform collects tax

Town of Oshkosh (Separate Jurisdiction) Regulations

Note: Town of Oshkosh has separate regulations from City of Oshkosh. Property location determines applicable jurisdiction.

Town Requirements:

• Title 7, Chapter 13 of Town Code
• Primary residence requirement for non-owner occupied properties
• Maximum capacity restrictions
• Annual license required ($200 fee as of April 2025)
• Insurance and inspection requirements
• Parking plan documentation required

Contact Information

City of Oshkosh Authorities:

Department of Community Development

• Phone: Contact City Hall for specific department number
• Address: City Hall, Oshkosh, WI
• Responsibilities: Short-Term Rental License applications and renewals

Finance Department

• Phone: Contact City Hall
• Address: City Hall, Oshkosh, WI
• Responsibilities: Room Tax Permit and reporting

City of Oshkosh

• Website: www.oshkoshwi.gov
• Phone: Contact City Hall for main number
• Address: Oshkosh, WI

County Authorities:

Winnebago County Health Department

• Phone: Contact county for specific number
• Address: Winnebago County Courthouse, Oshkosh, WI
• Responsibilities: Health inspections and Tourist Rooming House Licenses
• Website: co.winnebago.wi.us

State Authorities:

Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP)

• Website: datcp.wi.gov
• Phone: Contact DATCP for licensing assistance
• Responsibilities: Tourist Rooming House Licenses

Wisconsin Department of Revenue

• Website: revenue.wi.gov
• Phone: Contact DOR for seller permit information
• Responsibilities: Seller permits and tax registration

Additional Contacts:

City of Oshkosh Police Department

• For noise complaints and nuisance violations
• Phone: Contact City Hall for non-emergency number

City of Oshkosh Inspection Division

• Phone: Contact City Hall
• Responsibilities: Building inspections and rental registry

Links to Source Pages

City of Oshkosh Official Documents:

• www.oshkoshwi.gov/PlanningServices/Documents/FAQS_for_home_rentals.pdf
• www.oshkoshwi.gov/PlanningServices/Documents/Short_Term_Municipal_Code_Chapter_8.pdf
• www.oshkoshwi.gov/PlanningServices/ApplicationBrochures.aspx

Town of Oshkosh Regulations:

• townofoshkosh.com/code-of-ordinances/
• cdn.townweb.com/townofoshkosh.com/wp-content/uploads/2025/04/Short-Term-Rental-License-NEW-Application-040425-FILLABLE.pdf

News Coverage:

• www.thenorthwestern.com/story/news/local/oshkosh/2019/03/06/oshkosh-rentals-city-oks-short-term-room-tax-starting-after-eaa-airventure-airbnb/2997277002/

State Resources:

• datcp.wi.gov/Pages/Programs_Services/TouristRoomingHouses.aspx
• www.gosummer.com/post/wisconsin-short-term-rental-laws

Important Compliance Notes

Annual Renewals:

• All licenses and permits require annual renewal
• City licenses typically run on calendar year
• State and county licenses typically run July 1 - June 30
• Late filing fees may apply for renewals

Record Keeping:

• Maintain records for minimum 3 years
• Include rental dates, revenue, and deduction documentation
• Support all tax deductions with clear documentation

Enforcement:

• License revocation possible for multiple violations
• Chronic nuisance premises (3+ police calls in 12 months) subject to action
• Outstanding fees/taxes prevent license renewal
• Appeals process available through Board of Appeals

Professional Recommendations:

• Consult with local real estate attorney for complex situations
• Consider professional property management for compliance assistance
• Maintain relationships with local authorities for ongoing compliance guidance
• Budget for all required fees, inspections, and ongoing compliance costs

This comprehensive regulatory framework ensures short-term rental operations in Oshkosh maintain high standards for guest safety, neighborhood character, and community benefit while providing opportunities for legitimate investment returns.