City staff: state law limits Green Bay's ability to cap short-term rentals; local rules to focus on house rules

City staff updated the Green Bay Equal Rights Commission on Feb. 12 that state law constrains local authority over short-term rentals, and that the city is focusing draft local rules on operational "house rules" rather than caps or zoning restrictions.

"The state really kind of has dictated what local municipalities can regulate and what they can't," said Joe, city staff, during a staff update. He said the council directed staff not to create limits on minimum-night stays or a cap on the number of rentals, and instead to draft ordinance language requiring publicly posted house rules covering parking and noise.

Joe told commissioners the Plan Commission will review the draft ordinance language on Feb. 23, and staff will circulate the draft to the Equal Rights Commission for feedback. He said the city is also creating a map of where permits are held and has an inspector assigned to short-term rentals who has been meeting with neighborhood associations.

On the question of whether municipalities can cap the number of short-term rentals, Joe said the current state law does not allow cities to put such caps or limit short-term rentals by zoning. He added that Brown County's council approved a resolution urging the state to change the law to allow municipalities to set limits, but "at this point in time, the city cannot put that ordinance in place." (paraphrased from city staff remarks.)

Commissioners asked whether short-term rentals could be tied to affordable-housing requirements; staff said the state's restrictions limit the city's ability to regulate in that way, and that the draft ordinance is primarily focused on tenant/neighbor conduct and information for residents and owners.

Next steps: staff will circulate the draft ordinance language to the commission and present it to the Plan Commission and the City Council. Commissioners were asked to submit any feedback to Joe by the following week so staff can incorporate or respond to suggested changes.