Wisconsin Zoning & Land Use Laws

Cottage Food Law

Wisconsin Cottage Food Law (Wisconsin Statutes Section 97.29): Wisconsin allows home-based food production and direct-to-consumer sale of certain non-potentially-hazardous foods without a food processing plant license. Permitted products include baked goods (not requiring refrigeration), jams, jellies, candy, dried herbs, popcorn, and similar shelf-stable items. Annual gross revenue limit of $20,000 per year. Direct-to-consumer sales from the home and at farmers markets only. No retail or wholesale distribution, and no online sales (sales must be in person). Products must be labeled with: producer name and home address, product name, ingredient list in descending order, net weight, allergen statement, and 'Made in a Home Kitchen Not Inspected by the Wisconsin Department of Agriculture, Trade and Consumer Protection.' No state permit or registration required. Wisconsin's cottage food law is more restrictive than neighboring Midwest states — the $20,000 cap is lower than Indiana, Iowa, Kansas, or Missouri, and online sales are not permitted. Wisconsin requires sales to be in person only. The law was updated in 2022 but remained relatively restrictive compared to national trends.

Short-Term Rental Law

Wisconsin enacted STR preemption in 2017 — Wisconsin Act 59 prohibited municipalities from banning short-term rentals of 7 consecutive days or more. However, municipalities may still regulate STRs of fewer than 7 days and may impose licensing requirements. Wisconsin imposes a 5% state sales tax plus county and municipal room taxes on short-term accommodations. STR platforms collect and remit Wisconsin state tax. Madison, Milwaukee, the Wisconsin Dells tourist area, and the Door County peninsula have active STR markets with local licensing requirements.

Wisconsin Cities with Zoning Data