- Home occupation permit required:
- Conditional
- Details:
- Waukesha County: no zoning permit required to operate a home occupation per se, but home occupations are regulated by the County Zoning Ordinance and operators should contact county Planning and Zoning (262-896-8300; [email protected]) before commencing to verify compliance. Limited family businesses (different from home occupations) require Conditional Use Permit. County jurisdiction is limited — municipalities (City of Waukesha, Menomonee Falls, New Berlin, etc.) have their own rules.
- Home kitchen:
- Wisconsin cottage food is governed by case law as much as statute. Under the 2017 Kivirist v. DATCP court order (Lafayette County Circuit Court), DATCP cannot enforce licensing against home bakers of good character selling shelf-stable, non-potentially-hazardous baked goods directly to consumers at low volume. A 2024 Wisconsin Court of Appeals decision (Nov. 19, 2024) reversed a broader 2022 order and confirmed the Kivirist exception applies only to baked goods — not unbaked non-potentially hazardous items (chocolates, fudge, candy, rice crispy treats). Home-canned pickles and acidified vegetables (pH 4.6 or lower) can be sold at community events or farmers markets up to $5,000/year (Wis. Stat. §97.29(2)(b)2). Waukesha County does not issue a no-permit for home occupations but has regulations governing them.
Last verified 2026-05-05. Not legal advice.
